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.
Puerto Rico Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker A Puerto Rico Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding agreement between a real estate salesperson and a loan broker in Puerto Rico. This agreement outlines the terms and conditions under which the salesperson will operate as an independent contractor and provide services related to real estate sales and loan brokerage. This agreement typically includes various clauses and provisions to protect the interests of both parties involved. It covers important details such as the duration of the agreement, compensation structure, responsibilities and duties of the salesperson, confidentiality and non-disclosure obligations, termination clauses, and dispute resolution mechanisms. In Puerto Rico, there may be different types of Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers. Some common variations may include: 1. Exclusive Agreement: This type of agreement grants the salesperson exclusive rights to represent the loan broker in specific real estate sales and loan transactions. The salesperson is solely responsible for bringing in clients and completing the transactions under the loan broker's umbrella. 2. Non-Exclusive Agreement: In a non-exclusive agreement, the salesperson is not restricted to working exclusively with the loan broker. They are free to engage in real estate sales and loan brokerage services with other brokers or clients, as long as there is no conflict of interest. 3. Commission-Based Agreement: This type of agreement establishes that the salesperson's compensation will be solely based on a percentage of the commissions earned from successful real estate sales and loan transactions. The specific commission rate and payment terms are typically outlined in detail within the contract. 4. Referral Agreement: A referral agreement may exist between a real estate salesperson and a loan broker where the salesperson refers potential clients to the loan broker in exchange for referral fees or commissions. This type of agreement sets out the terms governing the referral relationship and the compensation to be paid to the salesperson. The purpose of having a detailed Puerto Rico Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is to ensure a clear understanding of the working relationship, protect the rights and interests of both parties, and provide a framework for resolving any potential disputes that may arise during the course of their business association.Puerto Rico Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker A Puerto Rico Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding agreement between a real estate salesperson and a loan broker in Puerto Rico. This agreement outlines the terms and conditions under which the salesperson will operate as an independent contractor and provide services related to real estate sales and loan brokerage. This agreement typically includes various clauses and provisions to protect the interests of both parties involved. It covers important details such as the duration of the agreement, compensation structure, responsibilities and duties of the salesperson, confidentiality and non-disclosure obligations, termination clauses, and dispute resolution mechanisms. In Puerto Rico, there may be different types of Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers. Some common variations may include: 1. Exclusive Agreement: This type of agreement grants the salesperson exclusive rights to represent the loan broker in specific real estate sales and loan transactions. The salesperson is solely responsible for bringing in clients and completing the transactions under the loan broker's umbrella. 2. Non-Exclusive Agreement: In a non-exclusive agreement, the salesperson is not restricted to working exclusively with the loan broker. They are free to engage in real estate sales and loan brokerage services with other brokers or clients, as long as there is no conflict of interest. 3. Commission-Based Agreement: This type of agreement establishes that the salesperson's compensation will be solely based on a percentage of the commissions earned from successful real estate sales and loan transactions. The specific commission rate and payment terms are typically outlined in detail within the contract. 4. Referral Agreement: A referral agreement may exist between a real estate salesperson and a loan broker where the salesperson refers potential clients to the loan broker in exchange for referral fees or commissions. This type of agreement sets out the terms governing the referral relationship and the compensation to be paid to the salesperson. The purpose of having a detailed Puerto Rico Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is to ensure a clear understanding of the working relationship, protect the rights and interests of both parties, and provide a framework for resolving any potential disputes that may arise during the course of their business association.
