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An independent contractor is a person who provides services to a company but is not an employee of that company. These are two categories someone could fall into when they start working. In real estate, agents are usually considered independent contractors working under the owner of the agency they are affiliated with.
How do I create an Independent Contractor Agreement?State the location.Describe the type of service required.Provide the contractor's and client's details.Outline compensation details.State the agreement's terms.Include any additional clauses.State the signing details.
AN insurance agent is not an employee of an insurance company. While there may be some traits in the relationship between the agent and the insurance company that might appear to reflect an employer-employee relationship, the Supreme Court (SC) held in Tongko v The Manufacturers Life Insurance Co.
There are two essential characteristics that distinguish employees from agents. First, an employee must be a human being as compared to artificial or electronic agent. Second, an employer has more control over an employee than over an agent. An agent typically has its own facilities and is independent.
DUTIES OF AGENTDuties to follow Instructions or Customs:Duty of reasonable care and skill.DUTY TO AVOID CONFLICT OF INTEREST.Duty not to make secret profit:Duty to remit sums.Duty to maintain Accounts:Duty not to delegate.
Ten Tips for Making Solid Business Agreements and ContractsGet it in writing.Keep it simple.Deal with the right person.Identify each party correctly.Spell out all of the details.Specify payment obligations.Agree on circumstances that terminate the contract.Agree on a way to resolve disputes.More items...
A sales agent is an independent contractor. They earn a percentage of what they sell or a commission based on sales. It is in the best interest of the sales agent to get the highest amount possible because the sales agent's pay is directly related to how much they sell for the client.
Here are some steps you may use to guide you when you write an employment contract:Title the employment contract.Identify the parties.List the term and conditions.Outline the job responsibilities.Include compensation details.Use specific contract terms.Consult with an employment lawyer.Employment.More items...?
In fact, by definition, 2026 an independent contractor is an agent in the broad sense of the term in undertaking, at the request of another, to do something for the other. As a general rule the line of demarcation between an independent contractor and a servant is not clearly drawn.1.
Agents and independent contractors sell products or provide services within different legal boundaries. Agents are employees, while independent contractors are self-employed; this difference affects how services are performed.