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.
Travis Texas 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 legal document that outlines the terms and conditions governing the working relationship between a self-employed independent contractor and the owner of a mobile tire repair service in Travis, Texas. The agreement specifically focuses on the contractor's role in driving the mobile tire repair truck and conducting tire repairs. Keywords: Travis Texas Agreement, Self-Employed Independent Contractor, Owner of Mobile Tire Repair Service, Mobile Tire Repair Truck, Repair Tires, legal document, terms and conditions, working relationship, contractor's role, driving, tire repairs, Travis Texas. Different types of Travis Texas Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires may include: 1. Exclusive Contract: This type of agreement ensures that the contractor exclusively works for the owner of the mobile tire repair service, prohibiting them from providing similar services to any other competitor in the area. 2. Non-Exclusive Contract: In contrast to an exclusive contract, a non-exclusive agreement allows the contractor to work for other mobile tire repair services or engage in other related activities, as long as it does not conflict with the owner's business interests. 3. Part-Time Contract: This type of agreement outlines the specific working hours and days during which the contractor agrees to provide their services, accommodating their availability for other job commitments. 4. Performance-based Contract: A performance-based agreement sets specific targets or goals for the contractor to achieve in terms of tire repairs completed or time spent on the job, with corresponding rewards or incentives if these targets are met or exceeded. 5. Trial Period Contract: Often used when first engaging a new contractor, this contract type specifies a trial period during which both parties can assess the relationship and determine if it is beneficial to continue the partnership on a long-term basis. Note: The different types of Travis Texas agreements may have variations in terms and clauses, tailored to the specific needs and preferences of the contracting parties. It is always recommended consulting with a legal professional to ensure compliance with local laws and regulations.Travis Texas 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 legal document that outlines the terms and conditions governing the working relationship between a self-employed independent contractor and the owner of a mobile tire repair service in Travis, Texas. The agreement specifically focuses on the contractor's role in driving the mobile tire repair truck and conducting tire repairs. Keywords: Travis Texas Agreement, Self-Employed Independent Contractor, Owner of Mobile Tire Repair Service, Mobile Tire Repair Truck, Repair Tires, legal document, terms and conditions, working relationship, contractor's role, driving, tire repairs, Travis Texas. Different types of Travis Texas Agreements Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service to Drive the Mobile Tire Repair Truck, and Repair Tires may include: 1. Exclusive Contract: This type of agreement ensures that the contractor exclusively works for the owner of the mobile tire repair service, prohibiting them from providing similar services to any other competitor in the area. 2. Non-Exclusive Contract: In contrast to an exclusive contract, a non-exclusive agreement allows the contractor to work for other mobile tire repair services or engage in other related activities, as long as it does not conflict with the owner's business interests. 3. Part-Time Contract: This type of agreement outlines the specific working hours and days during which the contractor agrees to provide their services, accommodating their availability for other job commitments. 4. Performance-based Contract: A performance-based agreement sets specific targets or goals for the contractor to achieve in terms of tire repairs completed or time spent on the job, with corresponding rewards or incentives if these targets are met or exceeded. 5. Trial Period Contract: Often used when first engaging a new contractor, this contract type specifies a trial period during which both parties can assess the relationship and determine if it is beneficial to continue the partnership on a long-term basis. Note: The different types of Travis Texas agreements may have variations in terms and clauses, tailored to the specific needs and preferences of the contracting parties. It is always recommended consulting with a legal professional to ensure compliance with local laws and regulations.
