Although no definite rule exists for determining whether one is an independent contractor or employee, the main issue is the basic issue of control. The general test of what constitutes an independent contractor relationship involves which party has the right to direct what is to be done, and how and when. Another important test involves method of payment of the contractor.
An independent contractor is not an agent of the person he is contracting with. The main way to tell an independent contractor from an agent is the degree of control or supervision that the purported principal has over the agent or independent contractor. If there is no significant supervision over the contractor, there is no agency or liability for the actions of the independent contractor. An agent or an employee is different from an independent contractor. A principal or employer has control over an agent or employee, but not over an independent contractor. A principal or employer does not have control over the work performance of an independent contractor. A principal or employer is not bound by the actions of an independent contractor.
The Oklahoma Self-Employed Independent Contractor Agreement Between an Owner/Operator Truck Driver and Common Carrier Company or Organization is a legally binding contract that establishes the working relationship between a truck driver who owns and operates their own vehicle (owner/operator) and a common carrier company or organization in the state of Oklahoma. This agreement specifies the terms and conditions under which the owner/operator will provide transportation services for the carrier. The agreement typically embraces relevant keywords such as: 1. Parties: The agreement identifies the parties involved, including the owner/operator and the common carrier company or organization. It includes their legal names, addresses, and contact information. 2. Scope of Services: The agreement outlines the specific services that the owner/operator will provide, such as transporting goods or materials from one location to another. It may also include additional services like loading, unloading, or any other related activities. 3. Consideration: The agreement states the compensation arrangement for the owner/operator, which may include a percentage of revenue generated from each transportation assignment or a fixed rate per mile. It may also cover additional expenses that the carrier is expected to reimburse the owner/operator for (e.g., fuel and toll charges). 4. Duration of Agreement: The agreement specifies the duration or term, which can be for a specific period or ongoing until termination as agreed by both parties. It may also state the notice required for termination. 5. Independent Contractor Status: The agreement clarifies the owner/operator's classification as an independent contractor rather than an employee of the common carrier. This section typically emphasizes that the owner/operator is responsible for their own taxes, insurance, and any other legal obligations. It may include provisions regarding liability and insurance coverage. 6. Compliance with Laws and Regulations: The agreement highlights the owner/operator's responsibility to comply with applicable federal, state, and local laws and regulations related to transporting goods, ensuring the vehicle's safety, and obtaining necessary licenses and permits. 7. Confidentiality: The agreement may include provisions to protect the carrier's confidential and proprietary information and restrict the owner/operator from disclosing such information to third parties. 8. Dispute Resolution: This section outlines the procedure for resolving disputes, including any mandatory arbitration or mediation clauses that the parties must go through before pursuing legal action. It is worth mentioning that there may be different variations or specific names for the Oklahoma Self-Employed Independent Contractor Agreement Between an Owner/Operator Truck Driver and Common Carrier Company or Organization, depending on the specific industry or sector. However, the basic elements mentioned above generally apply to such agreements.
