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.
Chicago Illinois Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires Keywords: Chicago, Illinois, agreement, self-employed, independent contractor, mobile tire repair service, truck, repair tires 1. Introduction to the Agreement in Chicago, Illinois: The Chicago, Illinois Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service establishes the terms and conditions between the self-employed independent contractor and the owner of a mobile tire repair service. This agreement outlines the responsibilities, rights, and obligations of both parties concerning the operation of the mobile tire repair truck and the repair of tires. 2. Role of the Self-Employed Independent Contractor: The self-employed independent contractor will act as the driver of the mobile tire repair truck and provide tire repair services to clients in Chicago, Illinois. This individual should possess relevant experience in tire repair and must be knowledgeable about the local market and clientele. 3. Responsibilities of the Self-Employed Independent Contractor: The contractor is responsible for the safe operation of the mobile tire repair truck, timely response to service requests, and efficient repair of tires. The contractor should maintain a professional appearance, adhere to applicable safety regulations, and uphold the highest standards of customer service. 4. Responsibilities of the Owner of the Mobile Tire Repair Service: The owner of the mobile tire repair service must ensure the truck is properly maintained, equipped with necessary tools and supplies, and holds the required permits and insurance coverage. The owner should handle administrative tasks such as scheduling appointments, managing client inquiries, and maintaining accurate records. 5. Compensation and Payment Terms: The agreement should clearly define the compensation structure for the self-employed independent contractor. This may include details on payment rates, commission structures, reimbursement for expenses incurred during service provision, and any incentives or bonuses based on performance. 6. Duration and Termination: The agreement should specify the duration of the contract and the conditions under which either party can terminate the agreement. It may include provisions related to notice periods, early termination penalties, and a mechanism for resolving disputes. Types of Chicago Illinois Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: 1. Exclusive Territory Agreement: This type of agreement may grant the self-employed independent contractor exclusive rights to provide tire repair services within a specific area in Chicago, Illinois. This ensures that the contractor has a designated service area to operate and prevents competition from other contractors. 2. Non-Exclusive Agreement: In contrast to the exclusive territory agreement, a non-exclusive agreement allows the self-employed independent contractor to work within multiple areas of Chicago, Illinois. This enables the contractor to serve a larger customer base and potentially expand their business. 3. Franchise Agreement: In some cases, the owner of the mobile tire repair service may offer the self-employed independent contractor the opportunity to operate as a franchisee. This agreement would outline the terms of the franchise and any additional obligations or benefits associated with operating under an established brand. It is essential to consult with legal professionals when drafting and entering into an agreement as it can vary in its specifics based on the unique circumstances and requirements of the Chicago, Illinois mobile tire repair service.Chicago Illinois Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires Keywords: Chicago, Illinois, agreement, self-employed, independent contractor, mobile tire repair service, truck, repair tires 1. Introduction to the Agreement in Chicago, Illinois: The Chicago, Illinois Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service establishes the terms and conditions between the self-employed independent contractor and the owner of a mobile tire repair service. This agreement outlines the responsibilities, rights, and obligations of both parties concerning the operation of the mobile tire repair truck and the repair of tires. 2. Role of the Self-Employed Independent Contractor: The self-employed independent contractor will act as the driver of the mobile tire repair truck and provide tire repair services to clients in Chicago, Illinois. This individual should possess relevant experience in tire repair and must be knowledgeable about the local market and clientele. 3. Responsibilities of the Self-Employed Independent Contractor: The contractor is responsible for the safe operation of the mobile tire repair truck, timely response to service requests, and efficient repair of tires. The contractor should maintain a professional appearance, adhere to applicable safety regulations, and uphold the highest standards of customer service. 4. Responsibilities of the Owner of the Mobile Tire Repair Service: The owner of the mobile tire repair service must ensure the truck is properly maintained, equipped with necessary tools and supplies, and holds the required permits and insurance coverage. The owner should handle administrative tasks such as scheduling appointments, managing client inquiries, and maintaining accurate records. 5. Compensation and Payment Terms: The agreement should clearly define the compensation structure for the self-employed independent contractor. This may include details on payment rates, commission structures, reimbursement for expenses incurred during service provision, and any incentives or bonuses based on performance. 6. Duration and Termination: The agreement should specify the duration of the contract and the conditions under which either party can terminate the agreement. It may include provisions related to notice periods, early termination penalties, and a mechanism for resolving disputes. Types of Chicago Illinois Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: 1. Exclusive Territory Agreement: This type of agreement may grant the self-employed independent contractor exclusive rights to provide tire repair services within a specific area in Chicago, Illinois. This ensures that the contractor has a designated service area to operate and prevents competition from other contractors. 2. Non-Exclusive Agreement: In contrast to the exclusive territory agreement, a non-exclusive agreement allows the self-employed independent contractor to work within multiple areas of Chicago, Illinois. This enables the contractor to serve a larger customer base and potentially expand their business. 3. Franchise Agreement: In some cases, the owner of the mobile tire repair service may offer the self-employed independent contractor the opportunity to operate as a franchisee. This agreement would outline the terms of the franchise and any additional obligations or benefits associated with operating under an established brand. It is essential to consult with legal professionals when drafting and entering into an agreement as it can vary in its specifics based on the unique circumstances and requirements of the Chicago, Illinois mobile tire repair service.
