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.
An Oakland Michigan Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a written contract that outlines the terms and conditions of the relationship between a real estate salesman and a real estate loan broker. This agreement establishes the rights, responsibilities, and obligations of both parties involved in the transaction. Keywords: Oakland Michigan, real estate salesman, independent contractor agreement, real estate loan broker, terms and conditions, relationship, rights, responsibilities, obligations, transaction. There are various types of Oakland Michigan Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers, including: 1. Exclusive Agreement: This type of agreement grants the real estate loan broker exclusivity to the services of the real estate salesman within a specific geographic area or for a defined period. The real estate salesman can only work with the designated loan broker during the agreed-upon period or within the specified area. 2. Non-Exclusive Agreement: Unlike an exclusive agreement, a non-exclusive agreement allows the real estate salesman to work with multiple real estate loan brokers simultaneously. This gives the salesman the freedom to seek opportunities with other brokers as well. 3. Commission Structure Agreement: This type of agreement outlines the commission structure and payment terms between the real estate salesman and the loan broker. It specifies the percentage or flat fee that the salesman will receive for each successful real estate transaction facilitated by their efforts. 4. Termination Agreement: A termination agreement is used when either party wishes to end the relationship before the agreed-upon term or without breaching the contract's terms. It details the conditions under which the agreement can be terminated, including notice periods and any potential penalties or consequences. 5. Confidentiality Agreement: This agreement ensures that both the real estate loan broker and the real estate salesman maintain the confidentiality of sensitive information shared during the course of their partnership. It prohibits the disclosure of confidential information to third parties without written consent. 6. Non-Compete Agreement: A non-compete agreement restricts the real estate salesman from engaging in similar real estate activities with competitors or within a specific geographical area during or after the term of the agreement. This helps the loan broker protect their business interests and maintain a competitive advantage. In conclusion, an Oakland Michigan Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial legal document that establishes the working relationship between the parties involved. Depending on the specific needs and requirements, different types of agreements can be created to suit the unique circumstances of the real estate industry in Oakland, Michigan.An Oakland Michigan Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a written contract that outlines the terms and conditions of the relationship between a real estate salesman and a real estate loan broker. This agreement establishes the rights, responsibilities, and obligations of both parties involved in the transaction. Keywords: Oakland Michigan, real estate salesman, independent contractor agreement, real estate loan broker, terms and conditions, relationship, rights, responsibilities, obligations, transaction. There are various types of Oakland Michigan Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers, including: 1. Exclusive Agreement: This type of agreement grants the real estate loan broker exclusivity to the services of the real estate salesman within a specific geographic area or for a defined period. The real estate salesman can only work with the designated loan broker during the agreed-upon period or within the specified area. 2. Non-Exclusive Agreement: Unlike an exclusive agreement, a non-exclusive agreement allows the real estate salesman to work with multiple real estate loan brokers simultaneously. This gives the salesman the freedom to seek opportunities with other brokers as well. 3. Commission Structure Agreement: This type of agreement outlines the commission structure and payment terms between the real estate salesman and the loan broker. It specifies the percentage or flat fee that the salesman will receive for each successful real estate transaction facilitated by their efforts. 4. Termination Agreement: A termination agreement is used when either party wishes to end the relationship before the agreed-upon term or without breaching the contract's terms. It details the conditions under which the agreement can be terminated, including notice periods and any potential penalties or consequences. 5. Confidentiality Agreement: This agreement ensures that both the real estate loan broker and the real estate salesman maintain the confidentiality of sensitive information shared during the course of their partnership. It prohibits the disclosure of confidential information to third parties without written consent. 6. Non-Compete Agreement: A non-compete agreement restricts the real estate salesman from engaging in similar real estate activities with competitors or within a specific geographical area during or after the term of the agreement. This helps the loan broker protect their business interests and maintain a competitive advantage. In conclusion, an Oakland Michigan Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a crucial legal document that establishes the working relationship between the parties involved. Depending on the specific needs and requirements, different types of agreements can be created to suit the unique circumstances of the real estate industry in Oakland, Michigan.
