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.
Oregon Real Estate Salesman Independent Contractor Agreement is a legal document that outlines the specific terms and conditions governing the relationship between a real estate salesperson and a real estate loan broker in the state of Oregon. This agreement serves to establish the roles, responsibilities, rights, and obligations of both parties involved in the real estate transaction process. Keywords related to this topic may include: 1. Oregon Real Estate Salesman: Refers to an individual licensed by the Oregon Real Estate Agency to engage in the buying, selling, or leasing of real estate properties on behalf of clients as an independent contractor. 2. Independent Contractor Agreement: A written contract that defines the working relationship between the real estate salesperson and the real estate loan broker, highlighting the level of autonomy, compensation structure, and other crucial aspects for both parties. 3. Real Estate Loan Broker: Denotes a licensed entity or individual in Oregon engaged in assisting clients in obtaining real estate loans, mortgages, or other forms of financing for property purchase or refinancing. 4. Terms and Conditions: A set of specific provisions within the agreement that outline the rights, obligations, and restrictions of the parties involved, covering aspects such as commission structure, termination clauses, confidentiality, non-compete agreements, and dispute resolution mechanisms. 5. Compensation Structure: This refers to the agreed-upon method of payment for the real estate salesperson's services, typically based on a commission structure where a percentage of the sales price or transaction value is paid as a commission. 6. Non-Compete Agreement: A contractual clause that limits the real estate salesperson from engaging in similar real estate brokerage activities with other competing loan brokers during or after the termination of the agreement. 7. Confidentiality: A provision that obliges both parties to maintain the confidentiality of sensitive client information, trade secrets, and other proprietary information obtained during the course of their business relationship. 8. Termination Clause: This section outlines the conditions under which either party can terminate the agreement, such as breach of contract, non-performance, bankruptcy, or violation of applicable laws and regulations. 9. Dispute Resolution: Specifies the preferred method for resolving conflicts, such as negotiation, mediation, or arbitration, to avoid litigation and reach a mutually acceptable resolution. 10. Additional Agreements: Depending on the specific circumstances, some Oregon Real Estate Salesman Independent Contractor Agreements may include additional provisions, such as requirements for obtaining errors and omissions insurance or compliance with state and federal real estate laws and regulations. Different types or variations of Oregon Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker can exist, depending on the specific terms negotiated between the parties and the unique requirements of their working relationship. However, the fundamental purpose and components mentioned above generally remain consistent across these agreements.Oregon Real Estate Salesman Independent Contractor Agreement is a legal document that outlines the specific terms and conditions governing the relationship between a real estate salesperson and a real estate loan broker in the state of Oregon. This agreement serves to establish the roles, responsibilities, rights, and obligations of both parties involved in the real estate transaction process. Keywords related to this topic may include: 1. Oregon Real Estate Salesman: Refers to an individual licensed by the Oregon Real Estate Agency to engage in the buying, selling, or leasing of real estate properties on behalf of clients as an independent contractor. 2. Independent Contractor Agreement: A written contract that defines the working relationship between the real estate salesperson and the real estate loan broker, highlighting the level of autonomy, compensation structure, and other crucial aspects for both parties. 3. Real Estate Loan Broker: Denotes a licensed entity or individual in Oregon engaged in assisting clients in obtaining real estate loans, mortgages, or other forms of financing for property purchase or refinancing. 4. Terms and Conditions: A set of specific provisions within the agreement that outline the rights, obligations, and restrictions of the parties involved, covering aspects such as commission structure, termination clauses, confidentiality, non-compete agreements, and dispute resolution mechanisms. 5. Compensation Structure: This refers to the agreed-upon method of payment for the real estate salesperson's services, typically based on a commission structure where a percentage of the sales price or transaction value is paid as a commission. 6. Non-Compete Agreement: A contractual clause that limits the real estate salesperson from engaging in similar real estate brokerage activities with other competing loan brokers during or after the termination of the agreement. 7. Confidentiality: A provision that obliges both parties to maintain the confidentiality of sensitive client information, trade secrets, and other proprietary information obtained during the course of their business relationship. 8. Termination Clause: This section outlines the conditions under which either party can terminate the agreement, such as breach of contract, non-performance, bankruptcy, or violation of applicable laws and regulations. 9. Dispute Resolution: Specifies the preferred method for resolving conflicts, such as negotiation, mediation, or arbitration, to avoid litigation and reach a mutually acceptable resolution. 10. Additional Agreements: Depending on the specific circumstances, some Oregon Real Estate Salesman Independent Contractor Agreements may include additional provisions, such as requirements for obtaining errors and omissions insurance or compliance with state and federal real estate laws and regulations. Different types or variations of Oregon Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker can exist, depending on the specific terms negotiated between the parties and the unique requirements of their working relationship. However, the fundamental purpose and components mentioned above generally remain consistent across these agreements.
