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.
Rhode Island Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that outlines the contractual relationship between a real estate salesperson and a real estate loan broker. This agreement sets forth the terms and conditions under which the salesperson works as an independent contractor for the broker. Keywords: Rhode Island, real estate, salesperson, independent contractor agreement, real estate loan broker. This agreement typically includes several key provisions to ensure clarity and protect the interests of all parties involved. Some of these provisions may include: 1. Parties: Clearly identifies the parties to the agreement, including the salesperson and the loan broker. 2. Purpose: States the purpose of the agreement, which is to establish the independent contractor relationship between the salesperson and the broker. 3. Term and Termination: Outlines the duration of the agreement and the circumstances under which either party can terminate it. 4. Independent Contractor Status: Specifies that the salesperson is an independent contractor and not an employee of the broker. This provision clarifies the salesperson's obligations and responsibilities as an independent business entity. 5. Commission and Compensation: Details the payment structure for the salesperson, usually based on commissions earned from real estate transactions. This section may outline how and when the salesperson will receive payment for their services. 6. Non-Compete and Confidentiality: Includes provisions that restrict the salesperson from engaging in certain activities that may compete with the broker's business or disclose confidential information. 7. Duties and Obligations: Describes the specific responsibilities of the salesperson, such as marketing properties, negotiating sales, and maintaining proper licensure. 8. Indemnification and Liability: Addresses the liability of each party and the responsibility to indemnify the other party for any claims or damages arising out of their actions. Types of Rhode Island Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Broker may vary depending on the specific terms and conditions agreed upon by the salesperson and the broker. Examples of such agreements may include: 1. Exclusive Sales Agreement: This type of agreement grants the salesperson exclusive rights to represent the broker in a particular geographical area or for specific types of real estate transactions. 2. Non-Exclusive Sales Agreement: This agreement allows the salesperson to work with other brokers or engage in independent real estate activities simultaneously. 3. Referral Agreement: In this agreement, the salesperson agrees to refer potential clients to the broker in exchange for a referral fee or commission. Remember, it is crucial to consult with legal professionals or real estate experts to ensure that the agreement complies with Rhode Island law and adequately protects the interests of both parties involved in the real estate sales process.Rhode Island Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document that outlines the contractual relationship between a real estate salesperson and a real estate loan broker. This agreement sets forth the terms and conditions under which the salesperson works as an independent contractor for the broker. Keywords: Rhode Island, real estate, salesperson, independent contractor agreement, real estate loan broker. This agreement typically includes several key provisions to ensure clarity and protect the interests of all parties involved. Some of these provisions may include: 1. Parties: Clearly identifies the parties to the agreement, including the salesperson and the loan broker. 2. Purpose: States the purpose of the agreement, which is to establish the independent contractor relationship between the salesperson and the broker. 3. Term and Termination: Outlines the duration of the agreement and the circumstances under which either party can terminate it. 4. Independent Contractor Status: Specifies that the salesperson is an independent contractor and not an employee of the broker. This provision clarifies the salesperson's obligations and responsibilities as an independent business entity. 5. Commission and Compensation: Details the payment structure for the salesperson, usually based on commissions earned from real estate transactions. This section may outline how and when the salesperson will receive payment for their services. 6. Non-Compete and Confidentiality: Includes provisions that restrict the salesperson from engaging in certain activities that may compete with the broker's business or disclose confidential information. 7. Duties and Obligations: Describes the specific responsibilities of the salesperson, such as marketing properties, negotiating sales, and maintaining proper licensure. 8. Indemnification and Liability: Addresses the liability of each party and the responsibility to indemnify the other party for any claims or damages arising out of their actions. Types of Rhode Island Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Broker may vary depending on the specific terms and conditions agreed upon by the salesperson and the broker. Examples of such agreements may include: 1. Exclusive Sales Agreement: This type of agreement grants the salesperson exclusive rights to represent the broker in a particular geographical area or for specific types of real estate transactions. 2. Non-Exclusive Sales Agreement: This agreement allows the salesperson to work with other brokers or engage in independent real estate activities simultaneously. 3. Referral Agreement: In this agreement, the salesperson agrees to refer potential clients to the broker in exchange for a referral fee or commission. Remember, it is crucial to consult with legal professionals or real estate experts to ensure that the agreement complies with Rhode Island law and adequately protects the interests of both parties involved in the real estate sales process.
