The Driver as an Independent Contractor Sample Clauses

The Driver as an Independent Contractor. In May 2016 a new Dutch Act came into effect: the Assessment of Employment Relationships (Deregulation) Act (In Dutch: Wet DBA). This Act determines whether the contract that has been concluded between the contracting parties should be qualified as an employment contract or an employment relationship, and thus if there is an obligation to deduct payroll taxes. The Trustee has to assess whether the execution of the assignment (driving a predetermined tour and delivering parcels) can be seen as an employment service or not. This assessment can be done by answering the following set of questions, as published on the website of the Dutch Tax Authority:  Does the self-employed person have the obligation to fulfill the job personally?  Is there an authority relationship between the Trustee and the self-employed?  Does the self-employed receive salary? In case of doubt concerning the qualification of the relationship between the Trustee and the Driver, the Trustee can use model agreements that have been made available by the Tax Authorities. However, when the outcome of the questions state that the relationship between both parties resembles an employment contract, it is not possible for the Trustee to employ the Driver on a self-employed basis. If the Driver is employed on a self-employed basis by the Trustee and the Dutch Tax Authority considers that this qualification is incorrect, no penalties or additional charges shall be filed against the Trustee until 2020, due to the suspension of penalties, as the Assessment of Employment Relationships (Deregulation) Act generated a lot of imbalance amongst employers and independent contractors. The Dutch government is currently working on new legislation that presumably will enter into force on January 1, 2020. If the Trustee decides to enter into a relationship with a self-employed person, the Trustee is not obliged to insure the self-employed person for continued payment in case of illness, accrual of pension or the unemployment benefit, as these are responsibilities that belong to the independent contractor. The independent contractor can, however, voluntarily insure themselves. This could result in the independent contractor asking for a higher fee per hour due to his insurance costs.
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Related to The Driver as an Independent Contractor

  • INDEPENDENT CONTRACTOR AGREEMENT THIS CONTRACT is entered into this day of 1998, by and between the COUNTY OF SANTA XXXX, hereinafter called COUNTY, and’ XXXXXX SERVICES CORPORATION called CONTRACTOR. The parties agree as follows:

  • Status as Independent Contractor The Advisor shall perform its services as an independent contractor and not as an employee of the Company or affiliate thereof. It is expressly understood and agreed to by the parties that the Advisor shall have no authority to act for, represent or bind the Company or any affiliate thereof in any manner, except as may be expressly agreed to by the Company in writing. In rendering such services, the Advisor will be acting solely pursuant to a contractual relationship on an arm’s-length basis. This Agreement is not intended to create a fiduciary relationship between the parties and neither the Advisor nor any of the Advisor’s officers, directors or personnel will owe any fiduciary duty to the Company or any other person in connection with any of the matters contemplated by this Agreement.

  • Independent Contractor Relationship SELLER is an independent contractor in all its operations and activities hereunder. The employees used by SELLER to perform Work under this Contract shall be SELLER's employees exclusively without any relation whatsoever to LOCKHEED XXXXXX.

  • Independent Contractor Status The Sub-Adviser shall for all purposes hereof be deemed to be an independent contractor and shall, unless otherwise provided or authorized, have no authority to act for or represent the Trust or the Advisers in any way or otherwise be deemed an agent of the Fund or the Advisers.

  • Independent Contractor; No Partnership; No Agency; No Utility Services 15.1 Company and Developer shall be independent contractors. This Agreement shall not be interpreted or construed to create an association, joint venture, agency relationship, or partnership between the Parties or to impose any partnership obligation or partnership liability upon any Party. No Party shall have any right, power or authority to enter into any agreement or undertaking for, or act on behalf of, or to act as or be an agent or representative of, or to otherwise bind, the other Party. This Agreement is not an agreement to provide or take utility services of any kind, including, without limitation, interconnection or other electric transmission services.

  • Capacity/Independent Contractor 21. In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.

  • RELATIONSHIP OF THE PARTIES/INDEPENDENT CONTRACTOR 27.1 Each Party is an independent contractor, and has and hereby retains the right to exercise full control of and supervision over its own performance of its obligations under this Agreement and retains full control over the employment, direction, compensation and discharge of its employees assisting in the performance of such obligations. Each Party and each Party's contractor(s) shall be solely responsible for all matters relating to payment of such employees, including the withholding or payment of all applicable federal, state and local income taxes, social security taxes and other payroll taxes with respect to its employees, as well as any taxes, contributions or other obligations imposed by applicable state unemployment or workers' compensation acts and all other regulations governing such matters. Each Party has sole authority and responsibility to hire, fire and otherwise control its employees.

  • Engagement of Contractor 1.01 The Authority hereby engages the Contractor and the Contractor agrees to perform the services as set forth in Exhibit A which is herein incorporated by reference.

  • Independent Contractor The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract.

  • Consulting Contract – Follow-On Work ‌ No person, firm, subsidiary or subcontractor of a firm that has been awarded a consulting services contract or a contract which includes a consulting component may be awarded a Contract for the performance of services, the purchase of goods or supplies, or the provision of any other related action which arises from or can reasonably be deemed an end-product of work performed under the initial consulting to consulting-related Contract.

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