Where an owner operator still represents the interests of a road haulier by transporting goods on motorways and is therefore still in the `offices` of the road transport undertaking in accordance with Article 212, not all the elements of 212 can be fulfilled and there is no independent subcontract. The above three elements must be met in order for there to be an independent contractor under Article 212. C.R. Eng., Inc. v. Dep`t. by Empl. Sec., 2014 IL App (1st) 122809, 50. If only one element is not proven, there is no independent contractor relationship in Illinois for the purposes of the unemployment tax obligation. Whether a person is an independent contractor under Section 212 is a factual study based primarily on how the work was performed. Take these facts into account: a truck driver above the road signs an independent company agreement with a national freight forwarding company. Subsequently, the truck driver accidentally hits an electric pole, which causes material damage to the owner of the trailer and leads to the termination of the operating contract of the independent contractor. Does the driver of the truck have the possibility to receive unemployment benefits after the termination of the contract of employment for self-employed workers of heavy goods vehicles? It is difficult for drivers to protect themselves against the state`s rights to unemployment insurance.
Even under national unemployment legislation, a driver may still find himself in scenarios where it is difficult to prove the existence of a self-employed contractor contract, especially since all the elements of section 212 or section 212.1 must be fulfilled. Therefore, it is best to follow the advice of legal counsel interacting with owner-operators to ensure that all requirements for an independent purchasing relationship are met in accordance with the Illinois Independence Insurance Act. An independent purchase contract for truck drivers is a document that legally binds a contractor and his client to an employment agreement. Typically, truck drivers are hired to transport goods from one establishment to another or from a seller to a buyer. A clear description of the tasks to be performed by the contractor must be included in the employment agreement. In addition, the amount and method of payment as well as all costs borne by the customer must also be described. The contract may be designed in such a way that the contractor can hire additional lorry drivers or require them to carry out the driving tasks of the heavy goods vehicles themselves. As part of the agreement, all vehicles and equipment must be made available by the contractor. Some agreements may also require the contractor to have automobile and liability insurance before taking on the contract. . .