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: Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service Keywords: Virginia, Agreement, Self-Employed, Independent Contractor, Mobile Tire Repair Service, Repair Truck, Repair Tires 1. Introduction In the state of Virginia, a comprehensive agreement exists between a self-employed independent contractor and an owner of a mobile tire repair service. This legal document establishes the terms and conditions under which the independent contractor will operate the mobile tire repair truck and provide tire repair services. 2. Terms and Conditions a. Agreement Purpose: The agreement outlines the purpose of the contract, granting the independent contractor the right to drive the mobile tire repair truck and offer tire repair services within a specified geographical area in Virginia. b. Contractor Responsibilities: The document details the contractor's obligations, which include providing mobile tire repair services promptly, maintaining the truck, ensuring proper licensing and insurance, and adhering to all applicable laws and regulations. c. Owner's Responsibilities: The owner of the mobile tire repair service is responsible for maintaining the truck's general maintenance and upkeep, acquiring relevant permits and licenses, providing necessary tools and equipment, and setting clear expectations for the contractor's performance. d. Compensation: The agreement specifies the agreed-upon payment terms, whether it is a fixed salary, commission-based, or a combination thereof. It also outlines the frequency and method of payment, ensuring transparency in the compensation process. e. Duration and Termination: The contract defines the duration of the agreement, whether it is a fixed term or an ongoing arrangement. It also outlines the circumstances under which either party can terminate the agreement, including breach of contract, non-performance, or violation of any relevant state or federal laws. f. Confidentiality and Non-Disclosure: To protect proprietary information and trade secrets, the agreement includes clauses regarding confidentiality and non-disclosure, ensuring that all parties involved maintain confidentiality of sensitive business information. g. Dispute Resolution: In case of any disputes or disagreements, the document establishes a mechanism for dispute resolution, such as mediation or arbitration, to be conducted in accordance with the laws of Virginia. h. Governing Law: The agreement identifies Virginia state laws as the governing law for any legal matters arising from the agreement, ensuring compliance with local regulations. i. Independent Contractor Status: It is essential to clarify the independent contractor status to avoid any misunderstanding regarding employment relationships. The agreement stipulates that the contractor is not an employee but an independent business entity. Different Types: 1. Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service — Full-Time Employment: This type of agreement establishes a full-time arrangement, specifying the contractor's responsibilities and the owner's obligations for a fixed duration or ongoing basis. 2. Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service — Part-Time Employment: This agreement sets the terms and conditions for a part-time employment arrangement, ensuring flexibility in scheduling and workload. 3. Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service — Commission-Based Agreement: This document outlines an agreement where the independent contractor is compensated based on a percentage or commission basis for every tire repair service completed. Note: The specific variation of the agreement may differ based on the parties involved and their unique requirements. It is crucial to consult legal professionals and customize the agreement to suit individual circumstances.Title: Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service Keywords: Virginia, Agreement, Self-Employed, Independent Contractor, Mobile Tire Repair Service, Repair Truck, Repair Tires 1. Introduction In the state of Virginia, a comprehensive agreement exists between a self-employed independent contractor and an owner of a mobile tire repair service. This legal document establishes the terms and conditions under which the independent contractor will operate the mobile tire repair truck and provide tire repair services. 2. Terms and Conditions a. Agreement Purpose: The agreement outlines the purpose of the contract, granting the independent contractor the right to drive the mobile tire repair truck and offer tire repair services within a specified geographical area in Virginia. b. Contractor Responsibilities: The document details the contractor's obligations, which include providing mobile tire repair services promptly, maintaining the truck, ensuring proper licensing and insurance, and adhering to all applicable laws and regulations. c. Owner's Responsibilities: The owner of the mobile tire repair service is responsible for maintaining the truck's general maintenance and upkeep, acquiring relevant permits and licenses, providing necessary tools and equipment, and setting clear expectations for the contractor's performance. d. Compensation: The agreement specifies the agreed-upon payment terms, whether it is a fixed salary, commission-based, or a combination thereof. It also outlines the frequency and method of payment, ensuring transparency in the compensation process. e. Duration and Termination: The contract defines the duration of the agreement, whether it is a fixed term or an ongoing arrangement. It also outlines the circumstances under which either party can terminate the agreement, including breach of contract, non-performance, or violation of any relevant state or federal laws. f. Confidentiality and Non-Disclosure: To protect proprietary information and trade secrets, the agreement includes clauses regarding confidentiality and non-disclosure, ensuring that all parties involved maintain confidentiality of sensitive business information. g. Dispute Resolution: In case of any disputes or disagreements, the document establishes a mechanism for dispute resolution, such as mediation or arbitration, to be conducted in accordance with the laws of Virginia. h. Governing Law: The agreement identifies Virginia state laws as the governing law for any legal matters arising from the agreement, ensuring compliance with local regulations. i. Independent Contractor Status: It is essential to clarify the independent contractor status to avoid any misunderstanding regarding employment relationships. The agreement stipulates that the contractor is not an employee but an independent business entity. Different Types: 1. Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service — Full-Time Employment: This type of agreement establishes a full-time arrangement, specifying the contractor's responsibilities and the owner's obligations for a fixed duration or ongoing basis. 2. Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service — Part-Time Employment: This agreement sets the terms and conditions for a part-time employment arrangement, ensuring flexibility in scheduling and workload. 3. Virginia Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service — Commission-Based Agreement: This document outlines an agreement where the independent contractor is compensated based on a percentage or commission basis for every tire repair service completed. Note: The specific variation of the agreement may differ based on the parties involved and their unique requirements. It is crucial to consult legal professionals and customize the agreement to suit individual circumstances.
