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MP-03
Independent Contractor SCORE Chapter 570 |
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INDEPENDENT
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Used by most Insurance
Companies Initial test: A.
Master-Servant Relationship....Does the general contractor have the
right of direction and control over the subcontractor? In most cases, the
existence of this relationship is the determining factor of employee VS
contractor. B.
Nature of Work Theory....Is the work performed by the subcontractor
similar to, or directly related to, work normally done by the general
contractor’s employees? If the subcontractor is performing a skilled
craft which the general contractor’s employees are not trained to do,
the subcontractor is considered to be taking the place of an employee. Other test: 1.
Is there a written contract between the general contractor and the
subcontractor? 2.
Does the subcontractor provide his own tools and material for the job? 3.
Does the subcontractor advertise in the telephone directory or
elsewhere? 4.
Does the subcontractor use printed billheads and letterheads showing
his company name, address, phone
number, and type of work performed? 5.
Is the subcontractor licensed in his trade? 6.
How is the subcontractor paid and what length of time is he working
for the general Contractor?
Courtesy of Bucks County SCORE Chapter 570: Phone: 215-943-8850 ♦
e-mail: score570@verizon.net ♦
Web: http://www.score570.org |
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