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.
The Allegheny Pennsylvania Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck and Repair Tires is a legally-binding contract that outlines the terms of the relationship between a self-employed independent contractor and the owner of a mobile tire repair service. This agreement is specifically designed for individuals operating in the Allegheny, Pennsylvania area and is applicable to those engaged in the mobile tire repair business. Key elements typically included in this type of agreement are: 1. Parties Involved: Clearly identify the parties involved in the agreement, including their full legal names, addresses, and contact information. 2. Scope of Services: Define the specific services that the independent contractor is responsible for, such as driving the mobile tire repair truck to customer locations and performing tire repairs. Other services or additional responsibilities may be listed as well. 3. Schedule and Availability: Specify the contractor's work schedule, including the days and hours they will be available for service. It can also address the possibility of on-call or emergency situations. 4. Compensation: Outline the agreed-upon compensation structure, which may include hourly rates, commission percentages, or flat fees per service. Additionally, address reimbursement arrangements for any expenses incurred while performing the job, such as fuel costs or tire supplies. 5. Equipment and Supplies: Detail the equipment, tools, and supplies that the owner of the mobile tire repair service will provide to the independent contractor. This can include the tire repair truck, spare tires, tire repair kits, and any additional items required to efficiently carry out repairs. 6. Insurance and Liability: Address insurance requirements for both parties, ensuring that each carries adequate coverage for their respective roles. Specify the party responsible for any damages or injuries that may occur during the course of work. 7. Term and Termination: Determine the length of the agreement and the process for termination, including any notice period required by either party. It may also elaborate on the circumstances under which the contract can be terminated, such as a violation of terms or unsatisfactory performance. 8. Confidentiality and Non-Compete: Protect sensitive information of the mobile tire repair service by including clauses regarding confidentiality and non-compete agreements. This ensures that the independent contractor does not disclose proprietary information or compete with the owner's business while the agreement is active or even after its termination. It's important to note that the specific types of Allegheny Pennsylvania Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires can vary based on the unique arrangements between parties. Other variations may include agreements for additional services like tire sales, roadside assistance, or mobile tire installation. Remember to consult with legal professionals with expertise in Pennsylvania laws and regulations to ensure compliance and alignment with local guidelines when drafting or executing any contract.The Allegheny Pennsylvania Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck and Repair Tires is a legally-binding contract that outlines the terms of the relationship between a self-employed independent contractor and the owner of a mobile tire repair service. This agreement is specifically designed for individuals operating in the Allegheny, Pennsylvania area and is applicable to those engaged in the mobile tire repair business. Key elements typically included in this type of agreement are: 1. Parties Involved: Clearly identify the parties involved in the agreement, including their full legal names, addresses, and contact information. 2. Scope of Services: Define the specific services that the independent contractor is responsible for, such as driving the mobile tire repair truck to customer locations and performing tire repairs. Other services or additional responsibilities may be listed as well. 3. Schedule and Availability: Specify the contractor's work schedule, including the days and hours they will be available for service. It can also address the possibility of on-call or emergency situations. 4. Compensation: Outline the agreed-upon compensation structure, which may include hourly rates, commission percentages, or flat fees per service. Additionally, address reimbursement arrangements for any expenses incurred while performing the job, such as fuel costs or tire supplies. 5. Equipment and Supplies: Detail the equipment, tools, and supplies that the owner of the mobile tire repair service will provide to the independent contractor. This can include the tire repair truck, spare tires, tire repair kits, and any additional items required to efficiently carry out repairs. 6. Insurance and Liability: Address insurance requirements for both parties, ensuring that each carries adequate coverage for their respective roles. Specify the party responsible for any damages or injuries that may occur during the course of work. 7. Term and Termination: Determine the length of the agreement and the process for termination, including any notice period required by either party. It may also elaborate on the circumstances under which the contract can be terminated, such as a violation of terms or unsatisfactory performance. 8. Confidentiality and Non-Compete: Protect sensitive information of the mobile tire repair service by including clauses regarding confidentiality and non-compete agreements. This ensures that the independent contractor does not disclose proprietary information or compete with the owner's business while the agreement is active or even after its termination. It's important to note that the specific types of Allegheny Pennsylvania Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires can vary based on the unique arrangements between parties. Other variations may include agreements for additional services like tire sales, roadside assistance, or mobile tire installation. Remember to consult with legal professionals with expertise in Pennsylvania laws and regulations to ensure compliance and alignment with local guidelines when drafting or executing any contract.
