An independent contractor is a person or business who performs services for another person pursuant to an agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays his/her 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. 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.
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.
Restrictions to prevent competition by a present or former employee are held valid when they are reasonable and necessary to protect the interests of the employer. For example, a provision in an employment contract which prohibited an employee for two years from calling on any customer of the employer called on by the employee during the last six months of employment would generally be valid. Courts will closely examine covenants not to compete signed by individuals in order to make sure that they are not unreasonable as to time or geographical area.
Bexar Texas Self-Employed Independent Contractor Agreement with Sales Representative is a legal contract that outlines the terms and conditions between a company or an individual and a sales representative operating as an independent contractor. This agreement ensures that both parties are protected and have a clear understanding of their rights and obligations. Key terms included in the Bexar Texas Self-Employed Independent Contractor Agreement with Sales Representative may cover areas such as the scope of work, compensation structure, duration of the agreement, termination conditions, confidentiality, intellectual property rights, non-compete clauses, and dispute resolution mechanisms. Depending on the nature of the sales role or industry, there might be different types or variations of the Bexar Texas Self-Employed Independent Contractor Agreement with Sales Representative. The specific names of these agreements can vary, but a few common types are: 1. Commission-based Agreement: This type of agreement establishes the sales representative's compensation structure based on a percentage or fixed amount of sales achieved. The agreement may also include details about the frequency of commission payments. 2. Exclusive Distribution Agreement: In this type of agreement, the sales representative is granted exclusive rights to sell or distribute specific products or services within a defined territory. This agreement may include provisions related to minimum sales targets and marketing support. 3. Non-Exclusive Reseller Agreement: This type of agreement allows the sales representative to resell products or services on a non-exclusive basis. The agreement may outline pricing, marketing support, and any restrictions on the sales representative's activities. 4. Territory Agreement: This agreement defines the specific geographical area or market segment in which the sales representative operates. It may include provisions related to territorial restrictions, sales targets, and market development activities. 5. Sales Agency Agreement: In this type of agreement, the sales representative acts as an agent on behalf of the company. The agreement may include provisions related to the sales representative's authority, responsibilities, and obligations as an agent. It is important to consult with legal professionals who are experienced in Bexar Texas laws in order to tailor the Bexar Texas Self-Employed Independent Contractor Agreement with Sales Representative to fit the specific needs and requirements of the parties involved.Bexar Texas Self-Employed Independent Contractor Agreement with Sales Representative is a legal contract that outlines the terms and conditions between a company or an individual and a sales representative operating as an independent contractor. This agreement ensures that both parties are protected and have a clear understanding of their rights and obligations. Key terms included in the Bexar Texas Self-Employed Independent Contractor Agreement with Sales Representative may cover areas such as the scope of work, compensation structure, duration of the agreement, termination conditions, confidentiality, intellectual property rights, non-compete clauses, and dispute resolution mechanisms. Depending on the nature of the sales role or industry, there might be different types or variations of the Bexar Texas Self-Employed Independent Contractor Agreement with Sales Representative. The specific names of these agreements can vary, but a few common types are: 1. Commission-based Agreement: This type of agreement establishes the sales representative's compensation structure based on a percentage or fixed amount of sales achieved. The agreement may also include details about the frequency of commission payments. 2. Exclusive Distribution Agreement: In this type of agreement, the sales representative is granted exclusive rights to sell or distribute specific products or services within a defined territory. This agreement may include provisions related to minimum sales targets and marketing support. 3. Non-Exclusive Reseller Agreement: This type of agreement allows the sales representative to resell products or services on a non-exclusive basis. The agreement may outline pricing, marketing support, and any restrictions on the sales representative's activities. 4. Territory Agreement: This agreement defines the specific geographical area or market segment in which the sales representative operates. It may include provisions related to territorial restrictions, sales targets, and market development activities. 5. Sales Agency Agreement: In this type of agreement, the sales representative acts as an agent on behalf of the company. The agreement may include provisions related to the sales representative's authority, responsibilities, and obligations as an agent. It is important to consult with legal professionals who are experienced in Bexar Texas laws in order to tailor the Bexar Texas Self-Employed Independent Contractor Agreement with Sales Representative to fit the specific needs and requirements of the parties involved.
