An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her 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. 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.
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.
Restrictions to prevent competition by a present or former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.
Oklahoma Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding contract established between a self-employed individual or company and a sales representative. This agreement outlines the terms and conditions under which the sales representative will operate and carry out their responsibilities on behalf of the self-employed entity. Keywords: Oklahoma, self-employed, independent contractor agreement, sales representative. This agreement serves as a crucial foundation to establish a clear understanding between the self-employed entity and the sales representative regarding their roles, obligations, compensation, and other vital aspects. It helps ensure a positive working relationship and protects the rights and interests of both parties involved. There can be various types of Oklahoma Self-Employed Independent Contractor Agreements with Sales Representatives, tailored to different industries or specific requirements. It is essential to customize the contract to fit the needs of the specific business and sales operations. Some variations may include: 1. Commission-Based Agreement: This type of contract primarily focuses on the sales representative's compensation, which is typically based on a commission structure. The agreement would detail the commission percentage, payment terms, and how the commission will be calculated. 2. Exclusive Sales Agreement: This contract outlines that the sales representative has exclusive rights to represent the self-employed entity within a designated territory or for a specific product or service. It establishes the terms of exclusivity and the responsibilities of both parties. 3. Non-Compete Agreement: In certain situations, a non-compete agreement may be incorporated to prevent the sales representative from engaging in similar sales activities with competitors during or after the contract period. This protects the self-employed entity's confidential information, trade secrets, and customer base. 4. Term Agreement: A term agreement specifies a predetermined period during which the self-employed entity engages the sales representative's services. It outlines the start and end dates of the agreement, as well as any provisions for renewal or termination. 5. Territory Agreement: This contract establishes a specific geographic area in which the sales representative will operate. It can define the boundaries and restrictions of the designated territory, allowing the sales representative to focus on that area exclusively. Regardless of the specific type, an Oklahoma Self-Employed Independent Contractor Agreement with Sales Representative should include key provisions like the scope of work, sales targets or quotas, confidentiality obligations, termination conditions, dispute resolution mechanisms, and any applicable state or federal laws governing the relationship. In summary, this type of agreement provides a comprehensive framework for the collaboration between self-employed entities and sales representatives, enabling them to work harmoniously while clarifying their rights, responsibilities, and compensation arrangements.Oklahoma Self-Employed Independent Contractor Agreement with Sales Representative is a legally binding contract established between a self-employed individual or company and a sales representative. This agreement outlines the terms and conditions under which the sales representative will operate and carry out their responsibilities on behalf of the self-employed entity. Keywords: Oklahoma, self-employed, independent contractor agreement, sales representative. This agreement serves as a crucial foundation to establish a clear understanding between the self-employed entity and the sales representative regarding their roles, obligations, compensation, and other vital aspects. It helps ensure a positive working relationship and protects the rights and interests of both parties involved. There can be various types of Oklahoma Self-Employed Independent Contractor Agreements with Sales Representatives, tailored to different industries or specific requirements. It is essential to customize the contract to fit the needs of the specific business and sales operations. Some variations may include: 1. Commission-Based Agreement: This type of contract primarily focuses on the sales representative's compensation, which is typically based on a commission structure. The agreement would detail the commission percentage, payment terms, and how the commission will be calculated. 2. Exclusive Sales Agreement: This contract outlines that the sales representative has exclusive rights to represent the self-employed entity within a designated territory or for a specific product or service. It establishes the terms of exclusivity and the responsibilities of both parties. 3. Non-Compete Agreement: In certain situations, a non-compete agreement may be incorporated to prevent the sales representative from engaging in similar sales activities with competitors during or after the contract period. This protects the self-employed entity's confidential information, trade secrets, and customer base. 4. Term Agreement: A term agreement specifies a predetermined period during which the self-employed entity engages the sales representative's services. It outlines the start and end dates of the agreement, as well as any provisions for renewal or termination. 5. Territory Agreement: This contract establishes a specific geographic area in which the sales representative will operate. It can define the boundaries and restrictions of the designated territory, allowing the sales representative to focus on that area exclusively. Regardless of the specific type, an Oklahoma Self-Employed Independent Contractor Agreement with Sales Representative should include key provisions like the scope of work, sales targets or quotas, confidentiality obligations, termination conditions, dispute resolution mechanisms, and any applicable state or federal laws governing the relationship. In summary, this type of agreement provides a comprehensive framework for the collaboration between self-employed entities and sales representatives, enabling them to work harmoniously while clarifying their rights, responsibilities, and compensation arrangements.
