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Employee or Independent
Contractor |
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a quick guide
click here to go back to
driver's info page |
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Employee |
Independent Contractor |
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1. Instructions |
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Employees comply with
instructions about when,
where, and how work is to be
performed. |
Bikecab drivers set thie own
schedule and sell their
services with their own
"style". |
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2. Training |
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Employees are trained to
perform services in a
particular way. They are
required to take
correspondence courses and
attend meetings. Other
methods also indicate that
the employer wants the
services performed in a
particular way. |
Bikecab drivers receive
training on how to treat
equiptment, city and port
regulations and have Friday
information sharing ie where
and when conventions are
scheduled - No required
courses. |
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3. Integration |
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Services of an employee are
merged into the business.
Success and continuation of
the business depends upon
these services. The employer
coordinates work with that
of others. |
BikeCab will not rent
to drivers who cannot or
won't pay lease. The driver
takes the risk. |
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4. Services Rendered
Personally |
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Services must be rendered
personally. An employee does
not engage other people to
do the work. |
Bikecab drivers can switch
bikes to other drivers but
cannot give bike to
unlicensed driver. |
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5. Continuing
Relationship |
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An employee continues to
work for the same person
year after year. |
Drivers lease from shift to
shift and initial form and
may pedicab in other
locations. |
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6. Set Hours of Work |
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An employee’s hours and days
are set by the employer. |
Bikecab drivers definitely
decide if and whein they
show up to drive. |
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7. Full Time Required |
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An employee normally works
full time for an employer. |
Bikecab drivers are free to
switch which Bicycle Taxi
service they ride for. |
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8. Doing Work on
Employer’s Premises |
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Employees work on the
premises of an employer; or
on a route, or at a site,
designated by the employer. |
Bikecab drivers are told
where the governmental
agencies will let them drive
legally and many have there
own phones and cards. The
drivers go where the want. |
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9. Order or Sequence Set |
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An employee performs
services in the order or
sequence set by the
employer. Salespersons
report to the office at
specified times, follow-up
on leads, and perform
certain tasks at certain
times.
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Bikecab drivers generally
drive during busy dinner
hours, cruise ship hours -
eat in between, sometimes
leave the bikecab shop and
go home to nap. |
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10. Oral or Written
Reports |
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Employees are required to
submit regular oral or
written reports to the
employer. |
Bikecab drivers never submit
reports. |
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11. Payment by Hour,
Week, Month |
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Employees are paid by the
employer in regular amounts
at stated intervals. |
Bikecab drivers are not paid
- They pay to lease the cab. |
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12. Payment of Business
and/or Travel Expenses |
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The employer pays employees’
business and/or travel
expenses. |
Bikecab drivers pay all
travel and food expenses. |
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13. Significant
Investment |
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An employee has no
significant investment in
the facilities used to
perform services. |
Business license, pedicab
permit, time and all labor
are responsibility of
drivers. |
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14. Realization of Profit
or Loss |
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An employee cannot realize a
profit or loss by making
good or bad decisions. |
Absolutely - if driver
leases on a slow night (no
convention) or is in a foul
mood - they suffer by not
making any money or
sometimes make good money. |
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15. Working for More than
One Firm at a Time |
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An employee usually works
for one employer at a time. |
Bikecab drivers may work
where the please. |
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16. Making Services
Available to the General
Public |
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An employee does not make
services available to the
general public. |
Bikecab drivers
1. Hold City Business
License
2. City Pedicab Drivers
Permit
3. Make their services
available to anyone they can
find. |
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17. Right to Fire |
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An employee can be
discharged at any time. |
Drivers are never fired.
They are sometimes not
allowed to lease bikes if
they have a history of
mistreating the bikes. |
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18. Right to Quit |
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Employees can quit their
jobs at any time without
incurring liability. |
Bikecab drivers can
discontinue to lease the
bikes at anytime but must
pay lease for cab. |
