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. An independent contractor is classified by the IRS under 26 CFR 31.3121 (d)-1 as a person who performs the following activities: once a person or company has decided that a service is required, they must determine which independent contractor is most appropriate for the IR. Once a contractor is found, it`s time to write a deal. Second, this factor also raises the question of where the therapist works, i.e. sees clients. According to the tripartite factor theory, when the therapist sees his clients on the organization`s website, this fact tends to prove the control of the worker and the status of the employee; Whereas, when the therapist sees patients in his own office, this fact tends to demonstrate a lack of control on the part of the organization. But this factor could also be neutralized because psychotherapy is usually done in offices and points clients to a central location that favours the interests of clients, not the interests of organizations. However, there are some comments about this model agreement. On the one hand, it was designed in a way that aims to maximize the protection of the core strategy and to use as many factors as possible to demonstrate the status of an independent contractor within the framework of tripartite factor theory. In other words, it plays these factors quite surely.
As a result, some provisions may not be tasty for some organizations because they are too restrictive. Organizations wishing to make changes should consult an independent consultant on the effectiveness of the desired changes. The risk is that, if too many provisions are changed, the organization may have too much control over the worker; As a result, the worker would become a worker. Startups can optimize the recruitment process with an independent contractor through a standardized agreement. By using a template for independent contractor agreements, you ensure that any staff member who is part of the recruitment process uses a coherent and legally defensible document. 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. Of these three factors, the most important seems to be the last.
The first two, the planning and location of services, seem to be neutral things for the psychotherapy profession. They do not have as much control as they have done with psychotherapy for a long time. However, control of the method and type of treatment is highly variable. This seems to shift the scale from this factor in favour of staff status. The basic strategy seems to dictate that therapists have discretion in the choice of therapy. If, according to the tripartite factor theory, the workforce is not compensated for business or travel expenses, the organization can use this factor to support its position that the workforce is an independent contractor.
Neueste Kommentare