An independent contractor is a person or business who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. No one factor is controlling, and the characterization of the relationship by the parties is also not controlling.
One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees. Whether or not such control was exercised is not the determining factor, it is the right to control which is key.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Also, an independent contractor is more likely to be subject to the risk of taking a profit or loss in the work performed. An employee is generally paid on an hourly, salary, or commission basis, whereas an independent contractor is ordinarily paid an agreed amount, or according to an agreed formula, for a given job.
An Oklahoma Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck and Repair Tires is a legally binding document that outlines the responsibilities, terms, and conditions between the owner of a mobile tire repair service and a self-employed independent contractor who will drive the repair truck and provide tire repair services. This agreement is designed to protect both parties involved and ensures a clear understanding of the expectations and obligations. It is important to note that there may be different types of agreements in Oklahoma that fall under this category, such as: 1. Full-Time Mobile Tire Repair Agreement: This type of agreement is tailored for independent contractors who will be fully dedicated to the mobile tire repair service. The contract will typically outline the contractor's work hours, responsibilities, compensation structure, liability insurance requirements, and any additional terms specific to full-time employment. 2. Part-Time Mobile Tire Repair Agreement: For individuals who wish to provide their services on a part-time basis, a part-time agreement can be established. This type of agreement will define the contractor's availability, agreed working hours, compensation structure, and any other terms relevant to part-time employment. 3. Limited Service Area Agreement: In certain cases, the scope of a mobile tire repair service may be limited to a specific area or region. This agreement will outline the boundaries within which the independent contractor will be allowed to operate and provide services. It may also include provisions on exclusivity, prohibiting the contractor from providing services within the designated area for competing businesses. The agreement will generally cover the following key areas: 1. Parties Involved: Clearly state the legal names and addresses of both the owner of the mobile tire repair service and the self-employed independent contractor. 2. Term and Termination: Specify the duration of the agreement and the conditions under which it can be terminated by either party, including notice periods and reasons for termination. 3. Scope of Work: Detail the responsibilities of the independent contractor, including driving the tire repair truck, providing mobile tire repair services, and any additional tasks required by the owner. 4. Compensation and Expenses: Outline how the contractor will be compensated, whether it is based on an hourly rate, per job, or a commission structure. Additionally, address any expense reimbursement procedures, such as fuel costs or vehicle maintenance, and how they will be handled. 5. Insurance and Liability: Clarify the insurance requirements for the contractor, including auto liability insurance coverage, to protect both parties from any potential accidents or damages that may occur during the course of providing tire repair services. 6. Confidentiality and Non-Compete: Include provisions to protect the owner's confidential information and trade secrets, as well as any non-compete clauses that set limitations on the contractor from engaging in similar business activities within a specified timeframe or geographical area after the agreement's termination. 7. Dispute Resolution: Specify the method of resolving disputes or disagreements, such as mediation or arbitration, to avoid unnecessary legal actions. It is crucial to consult legal professionals to ensure the agreement complies with Oklahoma state laws and to customize it to meet the specific needs of the mobile tire repair service and the independent contractor involved.An Oklahoma Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck and Repair Tires is a legally binding document that outlines the responsibilities, terms, and conditions between the owner of a mobile tire repair service and a self-employed independent contractor who will drive the repair truck and provide tire repair services. This agreement is designed to protect both parties involved and ensures a clear understanding of the expectations and obligations. It is important to note that there may be different types of agreements in Oklahoma that fall under this category, such as: 1. Full-Time Mobile Tire Repair Agreement: This type of agreement is tailored for independent contractors who will be fully dedicated to the mobile tire repair service. The contract will typically outline the contractor's work hours, responsibilities, compensation structure, liability insurance requirements, and any additional terms specific to full-time employment. 2. Part-Time Mobile Tire Repair Agreement: For individuals who wish to provide their services on a part-time basis, a part-time agreement can be established. This type of agreement will define the contractor's availability, agreed working hours, compensation structure, and any other terms relevant to part-time employment. 3. Limited Service Area Agreement: In certain cases, the scope of a mobile tire repair service may be limited to a specific area or region. This agreement will outline the boundaries within which the independent contractor will be allowed to operate and provide services. It may also include provisions on exclusivity, prohibiting the contractor from providing services within the designated area for competing businesses. The agreement will generally cover the following key areas: 1. Parties Involved: Clearly state the legal names and addresses of both the owner of the mobile tire repair service and the self-employed independent contractor. 2. Term and Termination: Specify the duration of the agreement and the conditions under which it can be terminated by either party, including notice periods and reasons for termination. 3. Scope of Work: Detail the responsibilities of the independent contractor, including driving the tire repair truck, providing mobile tire repair services, and any additional tasks required by the owner. 4. Compensation and Expenses: Outline how the contractor will be compensated, whether it is based on an hourly rate, per job, or a commission structure. Additionally, address any expense reimbursement procedures, such as fuel costs or vehicle maintenance, and how they will be handled. 5. Insurance and Liability: Clarify the insurance requirements for the contractor, including auto liability insurance coverage, to protect both parties from any potential accidents or damages that may occur during the course of providing tire repair services. 6. Confidentiality and Non-Compete: Include provisions to protect the owner's confidential information and trade secrets, as well as any non-compete clauses that set limitations on the contractor from engaging in similar business activities within a specified timeframe or geographical area after the agreement's termination. 7. Dispute Resolution: Specify the method of resolving disputes or disagreements, such as mediation or arbitration, to avoid unnecessary legal actions. It is crucial to consult legal professionals to ensure the agreement complies with Oklahoma state laws and to customize it to meet the specific needs of the mobile tire repair service and the independent contractor involved.
