Opt out question

[The Lone Gunman]

OK guys, I need an answer here, preferably from someone qualified but some well considered answers wont go amis.

I have just accepted a contract in Germany via a GB agent.
The agent wants me to sign an opt out which I indicated I would before introduction.

HOWEVER

I will be working as self employed through a management company.

The question is can I opt out? ( I know I can but would it be valid).

[malvolio]

Yes you can, on behalf of yourself as the worker in the daisy-chain - if I assume correctly that YourCo (if it exists) is not involved.

[The Lone Gunman]

Yes you can, on behalf of yourself as the worker in the daisy-chain - if I assume correctly that YourCo (if it exists) is not involved.

Thanks Mal. MyCo is not involved and thet is where I lose understanding.
I just read the regulations again and I still dont see it.
The opt out section clearlt states that it is an opt out for those workers who are incorporated i.e. they are working for their own Ltd. I do not see where there is an option to opt out when working through someone elses Ltd.

Can you explain your thinking and point me at the relevant clause in the regs.

[malvolio]

Ah yes, quite right, stupid of me... The Opt Out is for incorporated workers (the whole point of the regs, after all, is to protect agency temps who will not be incorporated by definition) which you aren't either as a genuine SE worker or because the management company is effectively your employer - I'd guess the former since I assume you're being paid gross.

So you're right, you don't even have the option and the agency needs to go read the rules itself! It also needs to ensure you get a suitable contract - with nothing in it on handcuff clauses or payment terms that conflict with the EAA for example.

[The Lone Gunman]

Ah yes, quite right, stupid of me... The Opt Out is for incorporated workers (the whole point of the regs, after all, is to protect agency temps who will not be incorporated by definition) which you aren't either as a genuine SE worker or because the management company is effectively your employer - I'd guess the former since I assume you're being paid gross.

So you're right, you don't even have the option and the agency needs to go read the rules itself! It also needs to ensure you get a suitable contract - with nothing in it on handcuff clauses or payment terms that conflict with the EAA for example.

That is my take entirely.
I have emailed the agents legal department.
It makes me cringe when I have to explain something so fundamental to an agent. Shows what a bunch of cowboys they are. All they ever think about is having to pay regardless and going direct after contract.