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.
Bronx, New York is a vibrant borough located in New York City. Known for its rich cultural diversity and historical significance, the Bronx is a thriving community with a mix of residential, commercial, and industrial areas. It is home to numerous parks, renowned landmarks, universities, museums, and a lively art scene. A Self-Employed Independent Contractor Agreement with a Sales Representative in the Bronx, New York is a legal document that outlines the terms and conditions between an individual or business entity seeking sales representation services and a self-employed sales representative operating in the Bronx area. This agreement establishes a professional relationship, defining the roles, responsibilities, expectations, and compensation structure for both parties involved. The Bronx offers a range of self-employed independent contractor agreement variations for sales representatives, including: 1. Commission-based Agreement: This type of agreement typically allows the sales representative to earn a specific percentage of the sales generated, often referred to as a commission. The percentage may vary based on the products or services being sold. 2. Exclusive Territory Agreement: In this agreement, the sales representative is given exclusive rights to sell a particular product or service within a defined territory in the Bronx. This ensures that there is no competition from other sales representatives within the assigned area. 3. Non-Exclusive Agreement: Contrary to the exclusive territory agreement, a non-exclusive agreement allows multiple sales representatives to sell the same product or service in the Bronx. This type of agreement can be beneficial for businesses looking to expand their reach and sales potential. 4. Retainer Agreement: A retainer agreement involves the sales representative being paid a fixed fee on a regular basis, regardless of the sales performance. This type of agreement is suitable for cases where the sales representative is expected to provide ongoing support, market analysis, or consultancy services in addition to generating sales. Regardless of the specific type of Bronx New York Self-Employed Independent Contractor Agreement with a Sales Representative, it is crucial to include key elements such as the duration of the agreement, termination clauses, confidentiality provisions, intellectual property rights, non-compete clauses, and dispute resolution procedures to protect the interests of both parties involved. Crafting a well-drafted Self-Employed Independent Contractor Agreement is important to ensure a clear and mutually beneficial working relationship between businesses or individuals seeking sales representation in the Bronx, New York, and the self-employed sales representatives themselves.Bronx, New York is a vibrant borough located in New York City. Known for its rich cultural diversity and historical significance, the Bronx is a thriving community with a mix of residential, commercial, and industrial areas. It is home to numerous parks, renowned landmarks, universities, museums, and a lively art scene. A Self-Employed Independent Contractor Agreement with a Sales Representative in the Bronx, New York is a legal document that outlines the terms and conditions between an individual or business entity seeking sales representation services and a self-employed sales representative operating in the Bronx area. This agreement establishes a professional relationship, defining the roles, responsibilities, expectations, and compensation structure for both parties involved. The Bronx offers a range of self-employed independent contractor agreement variations for sales representatives, including: 1. Commission-based Agreement: This type of agreement typically allows the sales representative to earn a specific percentage of the sales generated, often referred to as a commission. The percentage may vary based on the products or services being sold. 2. Exclusive Territory Agreement: In this agreement, the sales representative is given exclusive rights to sell a particular product or service within a defined territory in the Bronx. This ensures that there is no competition from other sales representatives within the assigned area. 3. Non-Exclusive Agreement: Contrary to the exclusive territory agreement, a non-exclusive agreement allows multiple sales representatives to sell the same product or service in the Bronx. This type of agreement can be beneficial for businesses looking to expand their reach and sales potential. 4. Retainer Agreement: A retainer agreement involves the sales representative being paid a fixed fee on a regular basis, regardless of the sales performance. This type of agreement is suitable for cases where the sales representative is expected to provide ongoing support, market analysis, or consultancy services in addition to generating sales. Regardless of the specific type of Bronx New York Self-Employed Independent Contractor Agreement with a Sales Representative, it is crucial to include key elements such as the duration of the agreement, termination clauses, confidentiality provisions, intellectual property rights, non-compete clauses, and dispute resolution procedures to protect the interests of both parties involved. Crafting a well-drafted Self-Employed Independent Contractor Agreement is important to ensure a clear and mutually beneficial working relationship between businesses or individuals seeking sales representation in the Bronx, New York, and the self-employed sales representatives themselves.
