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 New Mexico Contract for Specific Period of Time between Veterinarian and Assistant who is also a Licensed Veterinarian is a legally binding agreement that outlines the terms and conditions of employment between the two parties. This type of contract is typically used in veterinary clinics or hospitals where a licensed veterinarian hires an assistant who is also a licensed veterinarian. Keywords: New Mexico, contract, specific period of time, veterinarian, assistant, licensed veterinarian Types of New Mexico Contracts for Specific Period of Time between Veterinarian and Assistant who is also a Licensed Veterinarian: 1. Employment Contract: This type of contract outlines the terms of employment between the veterinarian and the assistant for a specific period of time. It includes details such as job responsibilities, working hours, compensation, and any additional benefits provided. 2. Non-Compete Agreement: In some cases, a veterinarian may require an assistant to sign a non-compete agreement, which restricts the assistant from working in a similar veterinary practice within a specified geographical area for a certain period of time after the contract ends. 3. Confidentiality Agreement: A confidentiality agreement may be included in the contract to protect sensitive information and trade secrets shared between the veterinarian and assistant during their employment. It ensures that both parties maintain confidentiality and do not disclose any confidential information to third parties. 4. Termination Clause: This clause states the conditions under which either party can terminate the contract before the agreed-upon period of time. It may outline grounds for termination such as breach of contract, non-performance, or other justifiable reasons. 5. Compensation and Benefits: The contract should clearly outline the compensation structure, whether it is a fixed salary, hourly wage, or performance-based. It may also specify any additional benefits such as health insurance, vacation days, sick leave, or continuing education opportunities. 6. Duties and Responsibilities: This section defines the specific roles and responsibilities of the assistant veterinarian, which may include assisting in surgeries or procedures, administering medicine, providing medical care to animals, maintaining records, and handling client communications. 7. Work Schedule and Hours: The contract should specify the working hours and days the assistant veterinarian is required to be present at the clinic or hospital. It may also include provisions for overtime, on-call duties, or weekend shifts. 8. Dispute Resolution: In the event of a dispute between the veterinarian and assistant, the contract may include a clause specifying the method of dispute resolution, such as mediation or arbitration, to avoid litigation. It is important for both the veterinarian and assistant to carefully review and negotiate all terms of the contract before signing to ensure mutual understanding and compliance with applicable laws and regulations. It is recommended to seek legal advice when drafting or reviewing a contract.
