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.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. 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.
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 Guam Contract for Specific Period of Time between a Veterinarian and an Assistant who is also a Licensed Veterinarian is a legally binding agreement that outlines the terms and conditions of the working relationship between the two parties. This type of contract is typically used when a veterinarian requires additional assistance and hires another licensed veterinarian on a temporary basis to support their practice. Here are several key elements that should be included in a detailed description of this contract: 1. Introduction and Parties Involved: Clearly state the names and contact information of the veterinarian and the assistant, along with any relevant license numbers or certifications. 2. Purpose of the Contract: Explain the reason for entering into this agreement, such as the need for temporary assistance due to increased workload, vacation coverage, maternity/paternity leave, or any other specific reason. 3. Contract Period: Specify the specific duration of the contract, including the start and end dates. This can range from a few weeks to several months, depending on the specific circumstances. 4. Scope of Work: Clearly define the duties, responsibilities, and expectations of the assistant veterinarian during their employment. This could include performing medical procedures, assisting with surgeries, diagnosing and treating animals, and providing general support to the primary veterinarian. 5. Compensation: Outline the compensation structure, including the assistant veterinarian's salary, payment frequency, and any additional benefits they may receive. It is important to specify whether the assistant will be paid on an hourly, weekly, or monthly basis. 6. Termination Clause: Establish the conditions under which the contract can be terminated by either party. This could include breach of contract, non-performance, voluntary resignation, or any other relevant circumstances. 7. Confidentiality and Non-Disclosure: Include clauses that protect the privacy of the veterinarian's clients and any proprietary information shared during the course of employment. 8. Indemnification: Specify that the assistant veterinarian will be responsible for any damages or liabilities resulting from their actions during their employment. 9. Governing Law and Jurisdiction: Indicate which laws will govern the contract and where any legal disputes will be resolved. Different types of Guam Contracts for Specific Period of Time between Veterinarians and Assistant Veterinarians can include variations based on the length of the contract, specific veterinary services required, and other unique conditions. Additionally, the contract may include provisions for the possibility of extending the agreement or converting it into a permanent employment contract if required. By incorporating relevant keywords such as "contract for specific period of time," "licensed veterinarian," and "Guam," this comprehensive description provides a clear understanding of the purpose and content of this type of contract.
