replied 3 years ago.
Relist: Incomplete answer.
Joseph jumped right in and made so many assumptions as to my case, without getting the botXXXXX XXXXXne of exactly just who I am and exactly what I am all about. Just the same to address ever point that Joseph brought up and that I promised I would address this morning, (as it was late for me last night), I will proceed:
Since 1971 our company has used independent subcontractors. I bought the business in 2005 without changing a thing. I will attempt to convey our daily operations and hit upon all of the points that Joseph mentioned and that I am well aware of, for over five years now. We are two corporate officers, my wife and I. The wife does the financials. I market, facilitate advertising, sell, provide a go between experience; customer to cleaner and cleaner to customer, maintain a bank account solely for depositing and issuing moneys, maintain a scheduling board, dispatch, issue 1099's, collect payments for services, issue payments for services, maintain availability record of exactly when cleaners are available.
The contract between cleaners and the company clearly states how moneys received are divided up. On every job a percentage goes directly to the cleaner and a percentage goes directly to the company. No cleaner gets paid unless they perform and satisfy the client. If the client doesn't pay then, neither the cleaner nor the company do not get paid. Negotiations are ongoing after each job as far as to how the cut or percentage for both is worked out. Even though the contract is followed at the given split. The cut never goes more in favor of the company, it always goes more in favor of the cleaner. Cleaners often refuse to go to a job for several reasons; too far, cleaning for another agency, cleaning their own client's house, etc, job not to their liking, not a big enough job, job too big, job too dirty / filthy, job requires something they are not feeling up to doing, client's demeanor is unacceptable to cleaner, client's house stinks, client's house is unhealthy, cleaner opts to do something else, etc. Every cleaner transports themselves to any job they accept, using their own means. Every cleaner chooses, buys and uses their own product, materials, and equipment, unless they agree to use something specified by the client. (It is give and take in that respect, as the cleaner and client agree to). All cleaners that we have ever used have or obtain their own knowledge and expertise in regards XXXXX XXXXX what a client is asking for. The company, (I), focus on obtaining all information possible from a client so as to source out the most qualified cleaner for the job, (quality, type of), they are requesting. When and only when a client complains of service then I convey that to the cleaner to give them the opportunity to rectify the situation and/or just attempt to find another cleaner to do the work. If the client does not pay then I lose the money and the cleaner does not earn any money either. The cleaners do not get reimbursed for any expense that they might incur for their jobs nor anything else. Cleaners inform me daily of when they are available for jobs and I inquire daily as to when they are available or not. When I close a sale, I immediately contact those cleaners best fit for the work requested by the client to give them the details of the clients request. Because of an established relationship and trust, the cleaners will usually accept the job however, just as easily the cleaners will reject a job and I just move on to the next cleaner or contact the customer for renegotiations, etc. No cleaner does a particular job, no money for the company. I go after the job with a vengeance but still at he mercy of the cleaners. The company maintains zero inventory for the business except for a computer and office supplies. The two company officers perform no cleaning, what-so-ever. The company supplies no product, material, or equipment. Each cleaner performs their work according to their own style, approach, method, choice of products, choice of materials, choice of equipment. The company does not even make any suggestion as to how any cleaner might accomplish whatever it is that the client is requesting. Only if a particular client does request a certain approach and method to accomplish a certain goal then, I do convey their request on to the cleaner. Again the cleaner can accept or not in either rejecting the job or renegotiating with the client, etc. We never go to a client's house or property to inspect or supervise the work of a cleaner. We have never ordered a cleaner off of a job or fired them. We have however conveyed a client's desire for them to leave only in as far as passing on the client's desire or direction. Again the cleaner will not receive any money for that job, no matter how much they have worked/ cleaned if that client did not pay in full. I used to think that our company is in the cleaning business, in other words that our company's line of business is house cleaning but, have since otherwise learned that it is not. Our primary business and only business is to market, sell, dispatch, maintain cleaner database, schedule, accept and disperse moneys, issue 1099's, then of course file company taxes. The cleaners sometimes take along another cleaner / helper with them to their jobs assigned. Sometimes one or two or three helpers and sometimes not the same ones. Most of the cleaners we use have their own cleaning and other jobs that they have obtained on their own or through other agencies. One cleaner says that they do not perform other cleaning jobs other than through us. Most cleaners are not able to provide any advertisement flyers, business cards, or other advertisements posted online or in print. I am, (I do not believe anyway), am in no position to assert or demand that an individual start advertising or print up business cards just because of an EDD or IRS requirement that I have this as a proof of their business whether or not with our company or not. Especially in this sour economy of theirs. I have also cut way back on advertising expenditures. We used to spend over $3,00.00 per month on ads. Now we're down to a few hundred. Frequently a cleaner will inform me that they are re-routing their scheduled jobs and to rearrange their appointments with certain clients. All I can do is try. The cleaners sometimes forfeit jobs from us because at the last minute they receive some other job from some other source. The cleaners purchase their own vacuum cleaners, sometimes they carry two or three in order to do their work. The cleaners purchase and/or otherwise facilitate their own medical insurance coverage, not through us or recommended by us. We do not even recommend or offer any types of medical insurance nor any other type of benefits. Unskilled and/or Semi-Skilled work; Being that cleaners make their own decisions on a daily basis regarding when, where, how, why, what and everything to do with satisfying a client is indication of a skilled worker. Is simple vacuuming and dusting of a client's property necessarily a "skilled" job? No but there are decisions they make on their own which could result in not being paid for a job or which could result in getting paid more. We do not provide any type of instruction and/or training for any cleaner, ever. The cleaners are paid by the piece, according to the pre-negotiated rate and/or according to their negotiating with a client while there at the job. No cleaner is paid a salary or hourly wage. Every cleaner that does cleaning jobs sold and booked by us is fully aware that he or she is not an employee and that we provide no benefits.