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.
Title: Rhode Island Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service Introduction: In Rhode Island, the agreement between a self-employed independent contractor and the owner of a mobile tire repair service is a crucial legal document that outlines the terms and conditions of their professional relationship. This agreement aims to ensure clarity, protect the rights of both parties, and establish a mutually beneficial framework for the contractor to drive the mobile tire repair truck and efficiently repair tires. Below are some key points to be included in such an agreement: 1. Agreement Type: Primary Agreement, Subcontractor Agreement, Business Partnership Agreement, or Rental Agreement. 2. Definitions: Clearly describe the roles, responsibilities, and expectations of both the independent contractor and the owner of the mobile tire repair service. 3. Scope of Work: — Mobile Tire Repair Truck: Describe the specifics of the mobile tire repair truck to be used, including its make, model, registration, and any necessary insurance coverage. — Tire Repair Services: Specify the types of tire repairs that the contractor is authorized to perform (e.g., flat tire repair, tire rotation, tire replacement) and any limitations or restrictions, if applicable. 4. Term and Termination: — Agreement Duration: Specify the desired period for the agreement, whether it is a fixed term or an ongoing arrangement. — Termination Clause: Outline the conditions under which either party may terminate the agreement and the required notice period, if any. 5. Compensation: — Payment Terms: Clearly state the agreed-upon payment structure, whether it is an hourly rate, a flat fee per tire repair, or any other arrangement. — Reimbursement: Clarify any expenses that the owner will reimburse the independent contractor for (e.g., fuel, tire repair supplies). 6. Insurance and Liability: — Insurance Coverage: Establish the minimum insurance requirements for both parties, including liability insurance, worker's compensation, and auto insurance. — Indemnification: Define the liability responsibilities of each party and indemnify the non-negligent party against any claims, damages, or losses arising from the contractor's work. 7. Confidentiality and Non-Compete: — Confidentiality: Ensure that the contractor treats all business-related information as confidential and establishes the consequences of breaching this obligation. — Non-Compete Clause: Address any restrictions on the contractor's ability to offer similar services in a designated geographic area, both during the agreement term and after its termination. 8. Miscellaneous: — Governing Law: State that the agreement shall be governed and interpreted under the laws of Rhode Island. — Entire Agreement and Amendments: Specify that the written agreement constitutes the entire understanding between the parties and any amendments must be in writing and signed by both parties. Types of Rhode Island Agreements: 1. Rhode Island Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service (Primary Agreement) 2. Rhode Island Subcontractor Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service 3. Rhode Island Business Partnership Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service 4. Rhode Island Rental Agreement for Mobile Tire Repair Truck Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service Keywords: Rhode Island, agreement, self-employed, independent contractor, mobile tire repair service, drive, repair tires, mobile tire repair truck, primary agreement, subcontractor agreement, business partnership agreement, rental agreement.Title: Rhode Island Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service Introduction: In Rhode Island, the agreement between a self-employed independent contractor and the owner of a mobile tire repair service is a crucial legal document that outlines the terms and conditions of their professional relationship. This agreement aims to ensure clarity, protect the rights of both parties, and establish a mutually beneficial framework for the contractor to drive the mobile tire repair truck and efficiently repair tires. Below are some key points to be included in such an agreement: 1. Agreement Type: Primary Agreement, Subcontractor Agreement, Business Partnership Agreement, or Rental Agreement. 2. Definitions: Clearly describe the roles, responsibilities, and expectations of both the independent contractor and the owner of the mobile tire repair service. 3. Scope of Work: — Mobile Tire Repair Truck: Describe the specifics of the mobile tire repair truck to be used, including its make, model, registration, and any necessary insurance coverage. — Tire Repair Services: Specify the types of tire repairs that the contractor is authorized to perform (e.g., flat tire repair, tire rotation, tire replacement) and any limitations or restrictions, if applicable. 4. Term and Termination: — Agreement Duration: Specify the desired period for the agreement, whether it is a fixed term or an ongoing arrangement. — Termination Clause: Outline the conditions under which either party may terminate the agreement and the required notice period, if any. 5. Compensation: — Payment Terms: Clearly state the agreed-upon payment structure, whether it is an hourly rate, a flat fee per tire repair, or any other arrangement. — Reimbursement: Clarify any expenses that the owner will reimburse the independent contractor for (e.g., fuel, tire repair supplies). 6. Insurance and Liability: — Insurance Coverage: Establish the minimum insurance requirements for both parties, including liability insurance, worker's compensation, and auto insurance. — Indemnification: Define the liability responsibilities of each party and indemnify the non-negligent party against any claims, damages, or losses arising from the contractor's work. 7. Confidentiality and Non-Compete: — Confidentiality: Ensure that the contractor treats all business-related information as confidential and establishes the consequences of breaching this obligation. — Non-Compete Clause: Address any restrictions on the contractor's ability to offer similar services in a designated geographic area, both during the agreement term and after its termination. 8. Miscellaneous: — Governing Law: State that the agreement shall be governed and interpreted under the laws of Rhode Island. — Entire Agreement and Amendments: Specify that the written agreement constitutes the entire understanding between the parties and any amendments must be in writing and signed by both parties. Types of Rhode Island Agreements: 1. Rhode Island Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service (Primary Agreement) 2. Rhode Island Subcontractor Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service 3. Rhode Island Business Partnership Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service 4. Rhode Island Rental Agreement for Mobile Tire Repair Truck Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service Keywords: Rhode Island, agreement, self-employed, independent contractor, mobile tire repair service, drive, repair tires, mobile tire repair truck, primary agreement, subcontractor agreement, business partnership agreement, rental agreement.
