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.
San Jose, California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker In the booming real estate market of San Jose, California, a Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker plays a crucial role in facilitating property transactions. This agreement outlines the terms and conditions under which a real estate salesperson operates as an independent contractor in collaboration with a real estate loan broker. The Independent Contractor Agreement establishes a legally binding relationship between the real estate salesman and the real estate loan broker. It specifies various clauses related to compensation, work responsibilities, duration of the agreement, non-disclosure agreements, and more. This agreement ensures clarity and transparency between both parties involved, protecting their interests. Keywords: San Jose, California, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker, property transactions, compensation, work responsibilities, duration, non-disclosure agreements, transparency, interests. Different types of San Jose, California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker may include: 1. Commission-based Agreement: This type of agreement outlines the commission structure, emphasizing the percentage or flat fee that the real estate salesperson will receive for each successful property transaction facilitated through the real estate loan broker. 2. Exclusive Agreement: An exclusive independent contractor agreement restricts the real estate salesperson from working with other competing real estate loan brokers. This provides the broker with the assurance that the salesperson will solely represent their services and interests while engaging in property transactions. 3. Non-exclusive Agreement: Conversely, a non-exclusive agreement allows the real estate salesperson to work with multiple real estate loan brokers simultaneously. This provides the salesperson with more flexibility and freedom to explore various opportunities in the market. 4. Limited Duration Agreement: This type of agreement sets a specific time period during which the real estate salesperson will operate as an independent contractor for the real estate loan broker. It may be a short-term agreement for a particular project or a longer-term agreement lasting several years. 5. Non-disclosure Agreement: In situations where sensitive information, such as client lists or trade secrets, are involved, a non-disclosure agreement may be included in the independent contractor agreement. This ensures the confidentiality and protection of proprietary information between the parties. 6. Termination Clause: This clause establishes specific conditions under which either party can terminate the agreement. It may include factors such as breach of contract, failure to meet contractual obligations, or other mutually agreed-upon grounds for termination. Keywords: commission-based agreement, exclusive agreement, non-exclusive agreement, limited duration agreement, non-disclosure agreement, termination clause.San Jose, California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker In the booming real estate market of San Jose, California, a Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker plays a crucial role in facilitating property transactions. This agreement outlines the terms and conditions under which a real estate salesperson operates as an independent contractor in collaboration with a real estate loan broker. The Independent Contractor Agreement establishes a legally binding relationship between the real estate salesman and the real estate loan broker. It specifies various clauses related to compensation, work responsibilities, duration of the agreement, non-disclosure agreements, and more. This agreement ensures clarity and transparency between both parties involved, protecting their interests. Keywords: San Jose, California, Real Estate Salesman, Independent Contractor Agreement, Real Estate Loan Broker, property transactions, compensation, work responsibilities, duration, non-disclosure agreements, transparency, interests. Different types of San Jose, California Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker may include: 1. Commission-based Agreement: This type of agreement outlines the commission structure, emphasizing the percentage or flat fee that the real estate salesperson will receive for each successful property transaction facilitated through the real estate loan broker. 2. Exclusive Agreement: An exclusive independent contractor agreement restricts the real estate salesperson from working with other competing real estate loan brokers. This provides the broker with the assurance that the salesperson will solely represent their services and interests while engaging in property transactions. 3. Non-exclusive Agreement: Conversely, a non-exclusive agreement allows the real estate salesperson to work with multiple real estate loan brokers simultaneously. This provides the salesperson with more flexibility and freedom to explore various opportunities in the market. 4. Limited Duration Agreement: This type of agreement sets a specific time period during which the real estate salesperson will operate as an independent contractor for the real estate loan broker. It may be a short-term agreement for a particular project or a longer-term agreement lasting several years. 5. Non-disclosure Agreement: In situations where sensitive information, such as client lists or trade secrets, are involved, a non-disclosure agreement may be included in the independent contractor agreement. This ensures the confidentiality and protection of proprietary information between the parties. 6. Termination Clause: This clause establishes specific conditions under which either party can terminate the agreement. It may include factors such as breach of contract, failure to meet contractual obligations, or other mutually agreed-upon grounds for termination. Keywords: commission-based agreement, exclusive agreement, non-exclusive agreement, limited duration agreement, non-disclosure agreement, termination clause.
