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 Cuyahoga Ohio Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legally binding document that outlines the responsibilities and rights of both parties involved in the arrangement of driving the mobile tire repair truck and repairing tires. In this agreement, the self-employed independent contractor agrees to provide their services as a mobile tire repair technician to the owner of the mobile tire repair service. The contractor is responsible for driving the mobile tire repair truck to various locations to provide tire repair and replacement services. The agreement further defines the terms and conditions of the contractor's employment, including compensation, working hours, insurance coverage, and non-compete clauses. It also includes provisions regarding equipment maintenance and repairs, liability for damages, and termination of the agreement. Keywords: Cuyahoga Ohio, Agreement, Self-Employed Independent Contractor, Owner, Mobile Tire Repair Service, Drive, Repair Tires, Responsibilities, Rights, Mobile Tire Repair Truck, Compensation, Working hours, Insurance coverage, Non-compete clauses, Equipment maintenance, Repairs, Liability, Termination. Different types of Cuyahoga Ohio Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires may include variations to accommodate specific circumstances, such as: 1. Cuyahoga Ohio Agreement for Exclusive Service: This type of agreement may grant exclusivity to the contractor, limiting the owner's ability to engage other independent contractors for tire repair services, thereby securing a consistent stream of work for the contractor. 2. Cuyahoga Ohio Agreement for Part-Time Services: In instances where the contractor can only commit to part-time availability, this agreement may establish specific working hours, compensation, and expectations aligned with the part-time nature of the contractor's involvement. 3. Cuyahoga Ohio Agreement with Equipment Provision: If the owner of the mobile tire repair service provides the contractor with the necessary tools and equipment to perform the tire repair services, this agreement may include additional clauses detailing the conditions of equipment usage, maintenance responsibilities, and ownership. 4. Cuyahoga Ohio Agreement with Non-Compete Clause: In certain cases, the owner may require a non-compete clause to prevent the contractor from offering similar tire repair services within a specified geographic area for a specified period, protecting the owner's business interests. It is important to tailor the agreement to suit the specific needs and circumstances of the parties involved, seeking professional legal advice to ensure compliance with local laws and regulations.The Cuyahoga Ohio Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is a legally binding document that outlines the responsibilities and rights of both parties involved in the arrangement of driving the mobile tire repair truck and repairing tires. In this agreement, the self-employed independent contractor agrees to provide their services as a mobile tire repair technician to the owner of the mobile tire repair service. The contractor is responsible for driving the mobile tire repair truck to various locations to provide tire repair and replacement services. The agreement further defines the terms and conditions of the contractor's employment, including compensation, working hours, insurance coverage, and non-compete clauses. It also includes provisions regarding equipment maintenance and repairs, liability for damages, and termination of the agreement. Keywords: Cuyahoga Ohio, Agreement, Self-Employed Independent Contractor, Owner, Mobile Tire Repair Service, Drive, Repair Tires, Responsibilities, Rights, Mobile Tire Repair Truck, Compensation, Working hours, Insurance coverage, Non-compete clauses, Equipment maintenance, Repairs, Liability, Termination. Different types of Cuyahoga Ohio Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires may include variations to accommodate specific circumstances, such as: 1. Cuyahoga Ohio Agreement for Exclusive Service: This type of agreement may grant exclusivity to the contractor, limiting the owner's ability to engage other independent contractors for tire repair services, thereby securing a consistent stream of work for the contractor. 2. Cuyahoga Ohio Agreement for Part-Time Services: In instances where the contractor can only commit to part-time availability, this agreement may establish specific working hours, compensation, and expectations aligned with the part-time nature of the contractor's involvement. 3. Cuyahoga Ohio Agreement with Equipment Provision: If the owner of the mobile tire repair service provides the contractor with the necessary tools and equipment to perform the tire repair services, this agreement may include additional clauses detailing the conditions of equipment usage, maintenance responsibilities, and ownership. 4. Cuyahoga Ohio Agreement with Non-Compete Clause: In certain cases, the owner may require a non-compete clause to prevent the contractor from offering similar tire repair services within a specified geographic area for a specified period, protecting the owner's business interests. It is important to tailor the agreement to suit the specific needs and circumstances of the parties involved, seeking professional legal advice to ensure compliance with local laws and regulations.
