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Sub-contractor
A subcontractor is an individual or (in many cases) a business that signs a contract to perform part or all of the obligations of another's contract. Put simply the role of a subcontractor is to execute the job they are hired by the contractor for. It is oftentimes a specialized job such as electrical or HVAC and it is the subcontractor's responsibility to execute the work as instructed. A subcontractor (or sub-contractor) is a company or person whom a general contractor, prime contractor or main contractor hires to perform a specific task as part of an overall project and normally pays for services provided to the project. While subcontracting often occurs in building works and in civil engineering, the range of opportunities for subcontractor is much wider and it is possible that the greatest number of subcontractors now operate in the information technology and information sectors of the economy. One hires subcontractors either to reduce costs or to mitigate project risks. I ...
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Business
Business is the practice of making one's living or making money by producing or Trade, buying and selling Product (business), products (such as goods and Service (economics), services). It is also "any activity or enterprise entered into for profit." Having a business name does not separate the business entity from the owner, which means that the owner of the business is responsible and liable for debts incurred by the business. If the business acquires debts, the creditors can go after the owner's personal possessions. A business structure does not allow for corporate tax rates. The proprietor is personally taxed on all income from the business. The term is also often used colloquially (but not by lawyers or by public officials) to refer to a company, such as a corporation or cooperative. Corporations, in contrast with Sole proprietorship, sole proprietors and partnerships, are a separate legal entity and provide limited liability for their owners/members, as well as being su ...
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New Jersey Superior Court, Appellate Division
The New Jersey Superior Court, Appellate Division (in case citation, N.J. Super. Ct. App. Div) is the intermediate appellate court in New Jersey. "The Appellate Division of New Jersey's Superior Court is the first level appellate court, with appellate review authority over final judgments of the trial divisions and the Tax Court and over final decisions and actions of State administrative agencies." Above the New Jersey Superior Court, Appellate Division is the Supreme Court of New Jersey which "sits alone atop the State judiciary, entertaining appeals from the Appellate Division and, on rare occasions, directly by order of the Court from other cases within the judicial and administrative system." The Appellate Division hears appeals from the Law and Chancery Divisions of the New Jersey Superior Court, the Tax Court, and final decisions of State administrative agencies. The Appellate Division decides approximately 7,000 appeals and 7,500 motions each year. "Generally speaking ...
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Outsourcing
Outsourcing is an agreement in which one company hires another company to be responsible for a planned or existing activity which otherwise is or could be carried out internally, i.e. in-house, and sometimes involves transferring employees and assets from one firm to another. The term ''outsourcing'', which came from the phrase ''outside resourcing'', originated no later than 1981. The concept, which ''The Economist'' says has "made its presence felt since the time of the Second World War", often involves the contracting of a business process (e.g., payroll processing, claims processing), operational, and/or non-core functions, such as manufacturing, facility management, call center/call center support. The practice of handing over control of public services to private enterprises (privatization), even if conducted on a limited, short-term basis, may also be described as outsourcing. Outsourcing includes both foreign and domestic contracting, and sometimes includes offshoring ( ...
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Misclassification Of Employees As Independent Contractors
Misclassification of employees as independent contractors is the way in which the United States classifies the problem of false self-employment. It can occur with respect to tax treatment or the Fair Labor Standards Act. The U.S. Government Accountability Office (GAO) reports that the IRS claims to lose millions of dollars in uncollected payroll, social security, Medicare and unemployment insurance taxes because of misclassification of independent contractors by taxpayers. Taxation Employers must report the incomes of employees and independent contractors using the IRS forms W-2 and 1099, respectively. Employers pay various taxes (i.e. Social Security and Medicare taxes, unemployment taxes, etc.) on the wages of a worker that is classified as an employee. These taxes are generally not paid by the employer on the compensation of a worker classified as an independent contractor. Instead, the contractor is responsible for their employer's share of the taxes when paying self-emp ...
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Inside Contracting
Inside contracting is the practice of hiring contractors who work inside the proprietor's factory. It replaced the putting out system, where contractors worked in their own facilities. Inside contracting was the system favored by the Springfield and Harper's Ferry Armories. Since the manufacturing system developed in the armories also became popular (the American system of manufacturing), manufacturers in the early 19th century tended to hire people trained in the armories as managers. They brought with them the practice of inside contracting. The manufacturer hired inside contractors and provided materials and machinery. Each inside contractor was expected to hire his own employees and meet certain production and quality goals, but everything else was left to him. As a result, the system rewarded ingenuity, but also rewarded local optimization. For example, it was to the inside contractor's benefit to allow machinery to deteriorate toward the end of his contract since mainte ...
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Independent Test Organization
An independent test organization is an organization, person, or company that tests products, materials, software, etc. according to agreed requirements. The test organization can be affiliated with the government or universities or can be an independent testing laboratory. They are independent because they are not affiliated with the producer nor the user of the item being tested: no commercial bias is present. These "contract testing" facilities are sometimes called "third party" testing or evaluation facilities. Affiliation of testing organizations Many suppliers or vendors offer some chemical testing, physical testing, and software testing as a free service to customers. It is common for businesses to partner with reputable suppliers: Many suppliers have certified quality management systems such as ISO 9000 or allow customers to conduct technical and quality audits. Data from testing is commonly shared. There is sometimes a risk that supplier testing may tend to be self-servin ...
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General Contractor
A general contractor, main contractor or prime contractor is responsible for the day-to-day oversight of a construction site, management of vendors and trades, and the communication of information to all involved parties throughout the course of a building project. Description A general contractor is a construction manager employed by a client, usually upon the advice of the project's architect or engineer. Responsible for the overall coordination of a project, general contractors may also act as building designer and foreman (a tradesman in charge of a crew). A general contractor must first assess the project-specific documents (referred to as a bid, proposal, or tender documents). In the case of renovations, a site visit is required to get a better understanding of the project. Depending on the project delivery method, the contractor will submit a fixed price proposal or bid, cost-plus price or an estimate. The general contractor considers the cost of home office overhead, gen ...
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Freelance Marketplace
''Freelance'' (sometimes spelled ''free-lance'' or ''free lance''), ''freelancer'', or ''freelance worker'', are terms commonly used for a person who is self-employed and not necessarily committed to a particular employer long-term. Freelance workers are sometimes represented by a company or a temporary agency that resells freelance labor to clients; others work independently or use professional associations or websites to get work. While the term ''independent contractor'' would be used in a different register of English to designate the tax and employment classes of this type of worker, the term "freelancing" is most common in culture and creative industries, and use of this term may indicate participation therein. Fields, professions, and industries where freelancing is predominant include: music, writing, acting, computer programming, web design, graphic design, translating and illustrating, film and video production, and other forms of piece work that some cultural theor ...
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False Self-employment
False self-employment is a situation in which somebody registered as self-employed, a freelancer, or a temp is de facto an employee carrying out a professional activity under the authority and subordination of another company. Such false self-employment is often a way to circumvent social welfare and employment legislation, for example by avoiding employer's social security and income tax contributions. While a modern "gig economy" encourages more casual employment practices in the interests of labour flexibility, the extent to which this disguises precarious employment and denial of rights is of growing concern to authorities. There is a grey area of self-employed persons who rely heavily on a single customer while legitimately being independent. Principle A salaried-work relation hidden behind a false pretense of self-employment is in some jurisdictions a violation of and a non‑compliance with labour law. For social security, the falsely self-employed is declared not to be ...
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Elancing
E-lancing, also known as e-labour, is the practice of taking freelancing work through online job-offers. E-lancing websites operate as hubs where employers place tasks, which freelancers from around the world bid for. Some e-lancing websites act as intermediaries for payment, paying the freelancer directly after work is completed, to mitigate the risk of non-payment. The Economist Newspaper Ltd, 2010. "Work in the digital age: a clouded future". ''The Economist'', Volume 395, Number 8682, May 15th-21st 2010. Roto Smeets, Weert (Netherlands). Employers posting work on these websites set the price they are willing to pay for the task proposed. History In 2012, 1.56 million people were freelancers in the United Kingdom, a rise of 11.9% since 2008. Sebastian Trenner of the World Bank wrote in 2012 that online marketplaces were unlikely to produce a significant decrease in skilled unemployment.Trenner, Sebastian Conversely, Karsten Geis of Empirica Capital wrote in 2014 that e-lanc ...
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Ambiguity (law)
Ambiguity occurs when a single word or phrase may be interpreted in two or more ways. As law frequently involves lengthy, complex texts, ambiguity is common. Thus, courts have evolved various doctrines for dealing with cases in which legal texts are ambiguous. Criminal law In criminal law, the rule of lenity holds that where a criminal statute is ambiguous, the meaning most favorable to the defendant—i.e., the one that imposes the lowest penalties—should be adopted. In the US context, Justice John Marshall stated the rule thus in '' United States v. Wiltberger'': Contract law In contract law, the ''contra proferentem'' rule holds that, depending on the circumstances, ambiguous terms in a contract may be construed in favor of the party with less bargaining power. International law In Canada, courts have developed rules of construction to interpret ambiguities in treaties between Indigenous peoples and the Crown. In 1983, the Supreme Court of Canada held that "treaties ...
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Law Of Florida
The law of Florida consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The ''Florida Statutes'' form the general statutory law of Florida. Sources The Constitution of Florida is the foremost source of state law. Legislation is enacted by the Florida Legislature, published in the ''Laws of Florida'', and codified in the ''Florida Statutes''. State agencies publish regulations (sometimes called administrative law) in the ''Florida Administrative Register'' (FAR), which are in turn codified in the ''Florida Administrative Code'' (FAC). Florida's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court, District Courts of Appeal, and Circuit Courts, which are published in the ''Florida Cases'', ''Southern Reporter'', ''Florida Law Weekly'', and ''Florida Law Weekly Supplement''. Counties and municipalities may also promulgate local ordinances. There are also sev ...
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