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.
A Santa Clara California Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legally binding document between a real estate salesperson and a loan broker who operates within Santa Clara, California. This agreement outlines the terms and conditions under which the real estate salesperson will provide services to the real estate loan broker as an independent contractor. Keywords: Santa Clara California, real estate salesman, independent contractor agreement, real estate loan broker, terms and conditions, services, independent contractor. This agreement typically includes the following key provisions: 1. Parties: Identifies the parties involved in the agreement — the real estate salesperson and the real estate loan broker. 2. Independent Contractor Relationship: Establishes that the real estate salesperson will be an independent contractor and not an employee of the loan broker. It clarifies that the salesperson will not be entitled to employee benefits or worker's compensation. 3. Scope of Services: Defines the specific services the real estate salesperson will provide, such as marketing properties, showing houses, negotiating deals, assisting with loan applications, and other related tasks. 4. Compensation: Describes the payment structure for the real estate salesperson, including commissions, bonuses, or other agreed-upon forms of compensation, as well as the timeframe for payment. 5. Expenses: Outlines whether the salesperson will be reimbursed for any authorized business expenses incurred while performing their duties and any associated documentation requirements. 6. Non-Competition Clause: May include a provision restricting the real estate salesperson from engaging in similar activities with competing loan brokers during the term of the agreement. 7. Term and Termination: Specifies the duration of the agreement and the conditions under which either party can terminate it, including notice periods and any applicable penalties. 8. Confidentiality and Non-Disclosure: Addresses the confidentiality of any proprietary or sensitive information shared between the parties during the course of their relationship. 9. Governing Law: Determines the state laws and jurisdiction that will apply to the agreement. 10. Severability: In the event that any provision of the contract is found to be unenforceable, this provision ensures that the remaining provisions remain valid. Different types of Santa Clara California Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may vary based on specific clauses, additional terms, or supplementary agreements tailored to suit the unique needs of the parties involved.A Santa Clara California Real Estate Salesman Independent Contractor Agreement with a Real Estate Loan Broker is a legally binding document between a real estate salesperson and a loan broker who operates within Santa Clara, California. This agreement outlines the terms and conditions under which the real estate salesperson will provide services to the real estate loan broker as an independent contractor. Keywords: Santa Clara California, real estate salesman, independent contractor agreement, real estate loan broker, terms and conditions, services, independent contractor. This agreement typically includes the following key provisions: 1. Parties: Identifies the parties involved in the agreement — the real estate salesperson and the real estate loan broker. 2. Independent Contractor Relationship: Establishes that the real estate salesperson will be an independent contractor and not an employee of the loan broker. It clarifies that the salesperson will not be entitled to employee benefits or worker's compensation. 3. Scope of Services: Defines the specific services the real estate salesperson will provide, such as marketing properties, showing houses, negotiating deals, assisting with loan applications, and other related tasks. 4. Compensation: Describes the payment structure for the real estate salesperson, including commissions, bonuses, or other agreed-upon forms of compensation, as well as the timeframe for payment. 5. Expenses: Outlines whether the salesperson will be reimbursed for any authorized business expenses incurred while performing their duties and any associated documentation requirements. 6. Non-Competition Clause: May include a provision restricting the real estate salesperson from engaging in similar activities with competing loan brokers during the term of the agreement. 7. Term and Termination: Specifies the duration of the agreement and the conditions under which either party can terminate it, including notice periods and any applicable penalties. 8. Confidentiality and Non-Disclosure: Addresses the confidentiality of any proprietary or sensitive information shared between the parties during the course of their relationship. 9. Governing Law: Determines the state laws and jurisdiction that will apply to the agreement. 10. Severability: In the event that any provision of the contract is found to be unenforceable, this provision ensures that the remaining provisions remain valid. Different types of Santa Clara California Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may vary based on specific clauses, additional terms, or supplementary agreements tailored to suit the unique needs of the parties involved.
