This factor is the flip side of the number 19 above. The key idea is that if the work force can go from the relationship at any time without taking responsibility, then the work force is probably a worker. On the other hand, the actions of independent contractors are limited by the terms of the contract. Therapists who contract with organizations and work on the sites of these organizations generally use forms or other documents provided by organizations. According to the tripartite theory of factors, the use of such materials could constitute evidence of control. But the organization can also assert that the use of such materials is part of a long industrial practice or that it was useful for the therapist, in the circumstances, to use such materials. The reasonable approach is potentially good, as municipal citizens often look at agencies and community centres for help on mental health issues. Moreover, the existence of public resources for such services would tend to support the adequacy of such an approach. The relationships of independent contractors can be complex, both in terms of settlement and management. An organization`s understanding of these 20 factors, as well as a licensee`s understanding of these factors, will contribute for a long time to keeping the mental health profession in a straight and narrow line.
Consider hiring a lawyer to verify or establish your independent contract contract, especially with respect to restrictive agreements. If you`re using a template like the download sample below, check it carefully to make sure no additions or changes are needed. Article «V. Clothing/Clothing» requires us to define whether the company requires the massage therapist to wear a uniform If so, check the first control box instruction in this section and describe the clothing the company expects the massage therapist to wear during working hours, or quote an institution with this information represented in this section. If the massage therapist should not wear a specific uniform or clothing, mark the second box at cost. In the sixth part of this document, we need to define the «payment method» that the company will use to compensate the massage therapist. That is, how many times the massage therapist can expect to pay for his or her benefits. You can activate the checkbox «Daily,» «Week,» «Bi-Week,» «Monthly» and «Other.» Note that the last selection of boxes contains an empty line in which a certain compensation plan can be declared more accurately if necessary. The following example indicates a monthly salary plan.
Some massage therapists will be forced to pay rent to the company to maintain the employment contract between the two. If this is a precondition for this working relationship, mark the first cot box in the seventh article («Location VII»). You must fill in the rental amount on the empty line after the dollar sign in this statement and report the physical address of the room rented by the massage therapist in the last three empty spaces. If the company does not require the massage therapist to pay the rent, activate the box attached to the «unpaid rent.» The eighth article will determine whether the company or massage therapist should pay for the devices and supplies used during working hours during the massage.