Although no definite rule exists for determining whether one is an independent contractor or employee, the main issue is the basic issue of control. The general test of what constitutes an independent contractor relationship involves which party has the right to direct what is to be done, and how and when. Another important test involves method of payment of the contractor.
An independent contractor is not an agent of the person he is contracting with. The main way to tell an independent contractor from an agent is the degree of control or supervision that the purported principal has over the agent or independent contractor. If there is no significant supervision over the contractor, there is no agency or liability for the actions of the independent contractor. An agent or an employee is different from an independent contractor. A principal or employer has control over an agent or employee, but not over an independent contractor. A principal or employer does not have control over the work performance of an independent contractor. A principal or employer is not bound by the actions of an independent contractor.
A Tennessee Self-Employed Independent Contractor Agreement is a legal contract between an owner/operator truck driver and a common carrier company or organization. It establishes the terms and conditions under which the owner/operator operates their trucking business and provides shipping services to the common carrier. The agreement typically contains several key provisions, such as: 1. Parties Involved: It identifies the owner/operator truck driver and the common carrier company or organization entering into the agreement. 2. Scope of Services: It outlines the services that the owner/operator will provide, including the type of goods or materials to be transported, designated routes, and any specific instructions or requirements provided by the carrier. 3. Independent Contractor Relationship: It establishes that the owner/operator is an independent contractor, emphasizing that they are not an employee of the common carrier and are responsible for their own taxes, insurance, and other business-related expenses. This provision helps protect the common carrier from potential legal liabilities. 4. Duration and Termination: It specifies the term of the agreement, whether it is a fixed term or ongoing relationship, and the conditions under which either party can terminate the agreement. 5. Compensation: It outlines how the owner/operator will be paid for their services, including the rate or rates to be applied, the frequency of payment, and any additional compensation for specific services or circumstances, such as wait times or additional stops. 6. Insurance and Liability: It may require the owner/operator to maintain specific insurance coverage, such as commercial auto liability insurance, cargo insurance, and worker's compensation insurance, to protect both parties from potential losses or damages. 7. Maintenance and Repairs: It establishes the responsibility for maintaining and repairing the truck, including routine maintenance, repairs, and any associated costs. It may require the owner/operator to present proof of regular vehicle inspections and maintenance records. 8. Compliance with Laws and Regulations: It stipulates that the owner/operator must comply with all applicable federal, state, and local laws, regulations, and requirements related to operating a trucking business, including maintaining necessary licenses, permits, and certifications. Different types of Tennessee Self-Employed Independent Contractor Agreements may exist depending on various factors, such as the specific industry or nature of the trucking services provided. Some common variations may include agreements for specialized carriers (e.g., hazardous materials' transportation), contractual arrangements for short-term or seasonal hauls, or agreements for specific types of freight (e.g., refrigerated goods or oversized cargo). It is important for both parties to thoroughly review the agreement and consult legal professionals specializing in transportation law to ensure that all terms are fair, compliant, and protect their respective interests.A Tennessee Self-Employed Independent Contractor Agreement is a legal contract between an owner/operator truck driver and a common carrier company or organization. It establishes the terms and conditions under which the owner/operator operates their trucking business and provides shipping services to the common carrier. The agreement typically contains several key provisions, such as: 1. Parties Involved: It identifies the owner/operator truck driver and the common carrier company or organization entering into the agreement. 2. Scope of Services: It outlines the services that the owner/operator will provide, including the type of goods or materials to be transported, designated routes, and any specific instructions or requirements provided by the carrier. 3. Independent Contractor Relationship: It establishes that the owner/operator is an independent contractor, emphasizing that they are not an employee of the common carrier and are responsible for their own taxes, insurance, and other business-related expenses. This provision helps protect the common carrier from potential legal liabilities. 4. Duration and Termination: It specifies the term of the agreement, whether it is a fixed term or ongoing relationship, and the conditions under which either party can terminate the agreement. 5. Compensation: It outlines how the owner/operator will be paid for their services, including the rate or rates to be applied, the frequency of payment, and any additional compensation for specific services or circumstances, such as wait times or additional stops. 6. Insurance and Liability: It may require the owner/operator to maintain specific insurance coverage, such as commercial auto liability insurance, cargo insurance, and worker's compensation insurance, to protect both parties from potential losses or damages. 7. Maintenance and Repairs: It establishes the responsibility for maintaining and repairing the truck, including routine maintenance, repairs, and any associated costs. It may require the owner/operator to present proof of regular vehicle inspections and maintenance records. 8. Compliance with Laws and Regulations: It stipulates that the owner/operator must comply with all applicable federal, state, and local laws, regulations, and requirements related to operating a trucking business, including maintaining necessary licenses, permits, and certifications. Different types of Tennessee Self-Employed Independent Contractor Agreements may exist depending on various factors, such as the specific industry or nature of the trucking services provided. Some common variations may include agreements for specialized carriers (e.g., hazardous materials' transportation), contractual arrangements for short-term or seasonal hauls, or agreements for specific types of freight (e.g., refrigerated goods or oversized cargo). It is important for both parties to thoroughly review the agreement and consult legal professionals specializing in transportation law to ensure that all terms are fair, compliant, and protect their respective interests.
