If your personal assistant is an independent contractor , you aren’t responsible for any form of federal and state tax withholding. This will also indicate the salary for your virtual assistant. The agreement shall address the employment or independent contractor relationship terms, including without limitation supervision, duties, compensation, and termination.
The same rules do not apply. The Licensed Selling Assistant will take all under the Primary Associate’s name and market all as such. Employers must provide workers and employees with a written statement of their main terms and conditions of employment and this is often known as a Standard Form Section One Statement. IN WITNESS WHEREOF, the parties hereto, after reading this entire Agreement , have executed this. To support a worker being considered an independent contractor, courts analyze the nature and extent of the worker’s investment in equipment and materials relative to that of the employer.
For example, this agreement can be used when a contractor is hired to do repairs or perform renovations at a private residence or business location. PERSONAL ASSISTANTS: Associate-Licensee may make use of a personal assistant , provided the following requirements are satisfied. In the age of the internet, many businesses and individuals are choosing to utilize online assistant services, instead of spending the money and resources on an in-office or physically present assistant. But hiring someone like a personal assistant and classifying them as an independent contractor is a clear abuse of classification and will get you in big trouble. In effect, when you elect to hire an independent contractor instead of an employee, you might be trading your immediate, limited savings on your workers’ compensation insurance for exposure to legal damages.
Contractor or Employee? But it also provides many additional clauses that provide greater protection to the employer, and that address the personal nature of the relationship between an individual employer and a personal assistant. Keep in mind that simply having someone sign an independent contractor agreement is not dispositive of a worker’s status.
Courts will review the relationship in light of the six factors. A licensed personal assistant who is paid on an hourly basis does not qualify as an independent contractor must be treated as an employee. If the personal assistant you choose requires a higher fee than has been agreed in your budget, you may want to consider negotiating a better rate or you have the choice to pay the difference from your personal funds. An Administrative Services Agreement is a contract between you and an administrative services firm that specifies responsibilities, duration of service and hourly rate. Whether you need full-time or part-time assistance, a written agreement makes sure expectations are clear on both sides.
Provide a description of services. Virtual Assistant enters into this Agreement as, and shall continue to be, an independent Virtual Assistant. Assignment Neither this Agreement nor any duties or obligations under this Agree-ment may be assigned by the Assistant or the Agent without the prior written consent of the Agent and the Assistant. Termination Of Agreement. A virtual assistant can prepare and sign several types of contracts.
For example, he can sign an independent contractor agreement and use it with clients who need his services only once. He can also sign a retainer agreement , which is for clients with whom he would like to forge a long-term relationship. Can also be altered to employment status. Includes a schedule form for tracking payment and bonuses.
Disclaimer and Compensation of Licensee. Most virtual assistants are independent contractors , or an independent business that pays their own taxes, provides their own health care, and has a staff that they hire, train, and manage. When you engage a virtual assistant , you are, in fact, technically their “client,” so you won’t have to worry about payroll taxes, insurance premiums, and other headaches.
Hiring someone as an independent contractor might be more convenient and the benefits more fruitful (i.e. freedom from tax-withholding obligations and payment of workers’ compensation premiums), but you risk considerable tax fines, other penalties and a serious gap in insurance coverage if your independent contractors are later determined to actually be employees. Personal Care Assist with transfers from chairs, bath, etc.
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