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. The traditional tests to determine whether a worker is an employee or independent contractor involve the concept of control. The Internal Revenue Service (IRS) developed 20 factors used to determine whether a worker is an independent contractor under the common law. A "yes" answer to any of these questions would be evidence of an employer-employee relationship.
" Does the principal provide instructions to the worker about when, where, and how he or she is to perform the work?
" Does the principal provide training to the worker?
" Are the services provided by the worker integrated into the principal's business operations?
" Must the services be rendered personally by the worker?
" Does the principal hire, supervise and pay assistants to the worker?
" Is there a continuing relationship between the principal and the worker?
" Does the principal set the work hours and schedule?
" Does the worker devote substantially full time to the business of the principal?
" Is the work performed on the principal's premises?
" Is the worker required to perform the services in an order or sequence set by the principal?
" Is the worker required to submit oral or written reports to the principal?
" Is the worker paid by the hour, week, or month?
" Does the principal have the right to discharge the worker at will?
" Can the worker terminate his or her relationship with the principal any time he or she wishes without incurring liability to the principal?
" Does the principal pay the business or traveling expenses of the worker?
A "yes" answer to any of these questions would be evidence of an independent contractor relationship.
" Does the worker furnish significant tools, materials and equipment?
" Does the worker have a significant investment in facilities?
" Can the worker realize a profit or loss as a result of his or her services?
" Does the worker provide services for more than one firm at a time\
" Does the worker make his or her services available to the general public?
Santa Clara California Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory Description: Santa Clara, located in the heart of California's Silicon Valley, is a vibrant city known for its thriving business community and high-tech industry. With its pleasant climate throughout the year, the city experiences occasional snowfall during the winter months. To cater to the needs of businesses and residents, we offer snow removal services provided by professional contractors. Our Santa Clara California Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory is a mutually beneficial agreement designed to drive sales and expand our snow removal services across the city. As an independent contractor, your role would be to represent our company, attract new clients, and secure contracts for snow removal services within an assigned exclusive territory in Santa Clara. Our contract offers several types of agreements, each tailored to meet specific requirements and maximize sales potential. They include: 1. Territory-Based Contract: Under this type of agreement, you will be assigned an exclusive territory within Santa Clara, ensuring no other sales representatives can operate in that area. This exclusive territory grants you the opportunity to focus on building relationships, meeting potential clients, and targeting businesses seeking snow removal services within the designated area. 2. Incentive-Based Contract: Incentive-based contracts provide you with additional motivation to excel in your sales performance. Alongside the agreed-upon commission for each secured contract, extra incentives and bonuses will be offered based on specified sales targets achieved. This type of contract fosters both healthy competition among sales representatives and rewards for outstanding achievement. 3. Subcontracting Contract: For sales representatives who aim to expand their business ventures and incorporate their own team, our subcontracting contract provides the flexibility to hire additional sales agents under their supervision. This contract allows you to build and manage your team, further expanding the reach and sales potential within your exclusive territory. 4. Seasonal Contract: Given that snowfall is intermittent in Santa Clara, our seasonal contract is designed for contractors who exclusively operate their snow removal services during winter months. This contract option enables sales representatives to focus solely on selling snow removal services during winter, providing flexibility to pursue other business opportunities or interests during the remainder of the year. Our Santa Clara California Contract with Sales Representative as Independent Contractor to Sell Snow Removal Services in Exclusive Territory is a rare opportunity to leverage Santa Clara's unique weather conditions, establish a solid client base, and generate substantial income through the sales of snow removal services. Join our team, and together, let's ensure businesses and residents of Santa Clara are well-prepared and snow-free throughout the winter months.
