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.
Tennessee Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding contract entered into between a real estate salesman and a real estate loan broker in the state of Tennessee. This agreement outlines the terms and conditions of the relationship between the two parties, defining their roles, responsibilities, and compensation structure. Keywords: Tennessee, real estate, salesman, independent contractor agreement, real estate loan broker, contract, relationship, roles, responsibilities, compensation structure. There are different types of Tennessee Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers that can vary based on specific circumstances and requirements. Some common types include: 1. Exclusive Agreement: This type of agreement restricts the real estate salesman from representing other brokers or clients in the specified geographical area during the contract term. It establishes an exclusive relationship between the salesman and the loan broker. 2. Non-Exclusive Agreement: In contrast to the exclusive agreement, this type allows the real estate salesman to work with multiple brokers or clients simultaneously. It provides the salesman with more flexibility in terms of representation. 3. Commission Structure Agreement: This agreement determines the commission structure for the real estate salesman, specifying the percentage or amount they will receive for each successful loan transaction or real estate sale. The terms of payment, such as frequency and method, are also detailed in this agreement. 4. Termination Agreement: This type of agreement outlines the circumstances under which either party can terminate the contract before its natural expiration date. It usually includes provisions for notice period and potential penalties for early termination. 5. Confidentiality Agreement: This agreement ensures that both parties maintain the confidentiality of any proprietary or sensitive information shared during the contract period. It prohibits the disclosure of such information to any third party without prior consent. 6. Independent Contractor Agreement: This agreement establishes the independent contractor status of the real estate salesman, emphasizing that they are not employees of the loan broker. It outlines the responsibilities and obligations of both parties, and any relevant legal and tax considerations. Overall, the Tennessee Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial document that safeguards the interests of both parties involved, providing clarity and legal protection throughout their professional relationship in the real estate industry.Tennessee Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding contract entered into between a real estate salesman and a real estate loan broker in the state of Tennessee. This agreement outlines the terms and conditions of the relationship between the two parties, defining their roles, responsibilities, and compensation structure. Keywords: Tennessee, real estate, salesman, independent contractor agreement, real estate loan broker, contract, relationship, roles, responsibilities, compensation structure. There are different types of Tennessee Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers that can vary based on specific circumstances and requirements. Some common types include: 1. Exclusive Agreement: This type of agreement restricts the real estate salesman from representing other brokers or clients in the specified geographical area during the contract term. It establishes an exclusive relationship between the salesman and the loan broker. 2. Non-Exclusive Agreement: In contrast to the exclusive agreement, this type allows the real estate salesman to work with multiple brokers or clients simultaneously. It provides the salesman with more flexibility in terms of representation. 3. Commission Structure Agreement: This agreement determines the commission structure for the real estate salesman, specifying the percentage or amount they will receive for each successful loan transaction or real estate sale. The terms of payment, such as frequency and method, are also detailed in this agreement. 4. Termination Agreement: This type of agreement outlines the circumstances under which either party can terminate the contract before its natural expiration date. It usually includes provisions for notice period and potential penalties for early termination. 5. Confidentiality Agreement: This agreement ensures that both parties maintain the confidentiality of any proprietary or sensitive information shared during the contract period. It prohibits the disclosure of such information to any third party without prior consent. 6. Independent Contractor Agreement: This agreement establishes the independent contractor status of the real estate salesman, emphasizing that they are not employees of the loan broker. It outlines the responsibilities and obligations of both parties, and any relevant legal and tax considerations. Overall, the Tennessee Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial document that safeguards the interests of both parties involved, providing clarity and legal protection throughout their professional relationship in the real estate industry.
