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.
Also, an independent contractor is more likely to be subject to the risk of taking a profit or loss in the work performed. An employee is generally paid on an hourly, salary, or commission basis, whereas an independent contractor is ordinarily paid an agreed amount, or according to an agreed formula, for a given job.
Title: Tennessee Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service: Detailed Description for Driving and Repairing Tires Introduction: In Tennessee, the agreement between a self-employed independent contractor and the owner of a mobile tire repair service is a crucial document outlining the terms and conditions for driving the mobile tire repair truck and providing tire repair services. This comprehensive agreement ensures a clear understanding between the parties involved. This content will outline the key components and relevant keywords of such an agreement. 1. Agreement Purpose: The Tennessee Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service encompasses the engagement for the purpose of providing mobile tire repair services to customers in various locations within Tennessee. 2. Responsibilities: The agreement defines the roles and responsibilities of the independent contractor, including the requirements to drive the mobile tire repair truck safely, ensure adequate vehicle maintenance, and provide prompt and efficient tire repair services to clients. 3. Contractor Obligations: Keywords: self-employment, mobile tire repair service, repair truck a. Licensing: The contractor should possess a valid driver's license and appropriate certifications for conducting tire repairs, in adherence to Tennessee state laws and regulations. b. Vehicle Operation: The contractor must operate the mobile tire repair truck safely, following traffic rules and maintaining a professional appearance when representing the owner's business. c. Scheduling and Availability: The contractor should provide availability details and adhere to agreed-upon working hours to meet clients' needs efficiently. d. Customer Service: Displaying professionalism, excellent communication, and offering exceptional customer service while interacting with clients. 4. Owner Obligations: Keywords: mobile tire repair service, owner, repair truck a. Vehicle Maintenance: The owner must regularly maintain the mobile tire repair truck, ensuring it is in good working condition, properly equipped, and stocked with necessary tire repair tools and supplies. b. Insurance: Providing appropriate insurance coverage for the mobile tire repair truck, including auto liability, property damage, and worker's compensation coverage, as required by Tennessee law. c. Compensation and Payment Terms: Determining the compensation structure, such as a percentage of service fees or a flat fee, along with the agreed-upon payment schedule. d. Support and Training: Providing the necessary guidance, training, and operational support to the contractor to ensure proper execution of services. 5. Confidentiality and Non-Compete: The agreement may include clauses regarding the protection of confidential information and non-compete agreements, stating that contractors will not operate similar mobile tire repair services within a specified geographic area during or after the agreement. 6. Termination and Dispute Resolution: Keywords: termination, dispute resolution, agreement ending The agreement should outline conditions for termination by either party and the process for resolving any conflicts, including mediation or arbitration, in compliance with Tennessee laws. In conclusion, the Tennessee Agreement Between Self-Employed Independent Contractor and Owner of Mobile Tire Repair Service is an essential document that defines the responsibilities, obligations, and rights of both the self-employed contractor and the mobile tire repair service owner. It ensures professionalism, efficiency, and a well-defined working relationship in providing tire repair services to Tennessee customers.
