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.
A Washington Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legal document that establishes the terms and conditions under which an independent contractor will drive the mobile tire repair truck and repair tires for the owner of the mobile tire repair service. This agreement is specific to Washington state and ensures that both parties are aware of their rights, responsibilities, and obligations. The agreement typically includes the following key elements: 1. Parties involved: Clearly identify the names and addresses of the self-employed independent contractor and the owner of the mobile tire repair service. 2. Scope of work: Describe in detail the specific tasks and responsibilities the contractor will undertake, including driving the mobile tire repair truck to clients' locations and conducting tire repairs. 3. Term and termination: Specify the duration of the agreement and the conditions under which either party can terminate it, such as non-performance, breach of contract, or mutual agreement. 4. Compensation: Outline the payment structure, including any fixed salary, hourly rates, commission, or other forms of compensation. Address how and when the contractor will be reimbursed for any expenses related to tire repairs, such as tire replacement or equipment maintenance costs. 5. Independent contractor status: State that the contractor is an independent contractor and not an employee, clarifying that they are responsible for their own taxes, insurance, and other legal obligations. 6. Confidentiality and non-compete clause: Include clauses that protect the owner's proprietary information and prevent the contractor from engaging in similar tire repair services within a specific geographical area for a certain period after the agreement ends. 7. Insurance and liability: Specify that the contractor must carry adequate insurance coverage for both personal injury and property damage to protect themselves and the owner from potential liabilities. 8. Dispute resolution: Establish a mechanism for resolving any disputes that may arise during the course of the agreement, such as mediation or arbitration. Additional types of Washington Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service may exist, depending on specific variations in the contracting arrangement. For example, there may be agreements related to subcontracting, vehicle ownership, or additional services offered by the mobile tire repair service. Keywords: Washington; agreement; self-employed; independent contractor; mobile tire repair service; drive; repair tires; legal document; terms and conditions; rights; responsibilities; obligations; scope of work; term; termination; compensation; independent contractor status; confidentiality; non-compete clause; insurance; liability; dispute resolution.A Washington Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legal document that establishes the terms and conditions under which an independent contractor will drive the mobile tire repair truck and repair tires for the owner of the mobile tire repair service. This agreement is specific to Washington state and ensures that both parties are aware of their rights, responsibilities, and obligations. The agreement typically includes the following key elements: 1. Parties involved: Clearly identify the names and addresses of the self-employed independent contractor and the owner of the mobile tire repair service. 2. Scope of work: Describe in detail the specific tasks and responsibilities the contractor will undertake, including driving the mobile tire repair truck to clients' locations and conducting tire repairs. 3. Term and termination: Specify the duration of the agreement and the conditions under which either party can terminate it, such as non-performance, breach of contract, or mutual agreement. 4. Compensation: Outline the payment structure, including any fixed salary, hourly rates, commission, or other forms of compensation. Address how and when the contractor will be reimbursed for any expenses related to tire repairs, such as tire replacement or equipment maintenance costs. 5. Independent contractor status: State that the contractor is an independent contractor and not an employee, clarifying that they are responsible for their own taxes, insurance, and other legal obligations. 6. Confidentiality and non-compete clause: Include clauses that protect the owner's proprietary information and prevent the contractor from engaging in similar tire repair services within a specific geographical area for a certain period after the agreement ends. 7. Insurance and liability: Specify that the contractor must carry adequate insurance coverage for both personal injury and property damage to protect themselves and the owner from potential liabilities. 8. Dispute resolution: Establish a mechanism for resolving any disputes that may arise during the course of the agreement, such as mediation or arbitration. Additional types of Washington Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service may exist, depending on specific variations in the contracting arrangement. For example, there may be agreements related to subcontracting, vehicle ownership, or additional services offered by the mobile tire repair service. Keywords: Washington; agreement; self-employed; independent contractor; mobile tire repair service; drive; repair tires; legal document; terms and conditions; rights; responsibilities; obligations; scope of work; term; termination; compensation; independent contractor status; confidentiality; non-compete clause; insurance; liability; dispute resolution.
