conduct regulations

[diesel]

I read some info before on this site and always confused what to do.
The agent for my new gig paperwork reads that i really should be opting out.


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Subject to that and in accordance with Clause 1.4 of the
Agency’s Terms of Business, you confirm that you and the Personnel supplied by you agree to opt out of
the Regulations (pursuant to Regulation 32(9) of the Regulations) in respect of the Assignment and any
future assignments agreed between the parties on the terms set out in the Opt Out Agreement enclosed
with this Contract Offer Letter.-------------------

what do other contractors do? opt in or out and does it affect rate?

[malvolio]

I read some info before on this site and always confused what to do.
The agent for my new gig paperwork reads that i really should be opting out.


-----------
Subject to that and in accordance with Clause 1.4 of the
Agency’s Terms of Business, you confirm that you and the Personnel supplied by you agree to opt out of
the Regulations (pursuant to Regulation 32(9) of the Regulations) in respect of the Assignment and any
future assignments agreed between the parties on the terms set out in the Opt Out Agreement enclosed
with this Contract Offer Letter.-------------------

what do other contractors do? opt in or out and does it affect rate?

Use the search - there's around a 1000 posts on this subject. It doesn't affect rate in the slightest, but it does - or should - affect your contractual terms.

But it gets difficult. Do you, by opting out, assert that the Agency Regulations do actually apply to your engagement ? Is it better to say nothing at all about it and therefore assert they never applied to what is, in your eyes, a B2B contract? Given most agencies don't have the faintest idea how the opt out works - your quoted example is one such and is totally invalid - does it really matter anyway? Also, given most agencies (but not all, some do actually know their job properly) can't be bothered to give you different contracts, why not stay with the opt in and hang on to the (illusory) protections it offers?

Not an easy one to answer, is it...?

[Mr.Whippy]

my new gig paperwork reads that i really should be opting out.

New gig paperwork? From that can I assume the client has interviewed you already? If so, you've been introduced so are already "opted in" by default unless you "opted out" before being introduced.

[Wanderer]

I read some info before on this site and always confused what to do.
The agent for my new gig paperwork reads that i really should be opting out.

-----------
Subject to that and in accordance with Clause 1.4 of the
Agency’s Terms of Business, you confirm that you and the Personnel supplied by you agree to opt out of
the Regulations (pursuant to Regulation 32(9) of the Regulations) in respect of the Assignment and any
future assignments agreed between the parties on the terms set out in the Opt Out Agreement enclosed
with this Contract Offer Letter.-------------------

what do other contractors do? opt in or out and does it affect rate?

More agency bulltulip.

Other people here may disagree but I am inclined to agree with the advice in this article and my advice is NEVER opt out. This forum is full of hard luck stories where people were bullied into opting out for no good reason and it's come back to bite them.

Write back and say that "I do not agree to opt out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003". Legally it's probably too late for the opt out to be valid anyway. Just don't do it.

[SueEllen]

I read some info before on this site and always confused what to do.
The agent for my new gig paperwork reads that i really should be opting out.


-----------
Subject to that and in accordance with Clause 1.4 of the
Agency’s Terms of Business, you confirm that you and the Personnel supplied by you agree to opt out of
the Regulations (pursuant to Regulation 32(9) of the Regulations) in respect of the Assignment and any
future assignments agreed between the parties on the terms set out in the Opt Out Agreement enclosed
with this Contract Offer Letter.-------------------

what do other contractors do? opt in or out and does it affect rate?

Don't opt-out voluntarily and if you have been interviewed you can't opt-out.

There is no advantage to do in it and many disadvantages.

Personally if you haven't had your contract reviewed I would get it reviewed as the fact that they are trying to get you to opt out in all future contracts that you may ever have with them is sneaky which indicates there are probably other clauses in the contract that are just as dubious.

Agencies try and enforce opt outs in different ways:
1. By putting a clause in the contract for that particular assignment only, and enclosing a letter which you have to sign. If they have done this then simply don't sign the letter.

2. By stating all over the contract that you have opted-out in this case argue with them that you have opted-in. In the worse case you will have to get a legal bod to send them an email telling them to **** off and that you are opted-in as you have already been interviewed. (If you get your contract reviewed they should be happy to do this for free.) Some agencies will try and interpret that interview doesn't mean introduced but no lawyer interprets it that way.

[diesel]

I have already had an interview with the end client. How does that make me Opt in?

On previous contracts i never really bothered too much on this matter, but as this new agency has send me 10 pages of T&Cs with lost of jargon to ensure they make me sign as Opted Out.

If i Opt In, what are the Pro/Cons compared to Opting Out?
some more agency jargon on the Opt Out Agreement states
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Regulation 32 covers the “Application of the Regulations to work-seekers which are incorporated” and Regulation 32 (9) provides for limited companies and those workers whose services they supply, to opt out of the Regulations. AGENT XXX considers it is inconsistent for the arrangements between an agency and a limited company for the supply of individual workers to be subject to the terms of the Regulations as the Regulations imply they are applicable to workers who act ‘for and under the control’ of the End-User.
------------------------
does that mean if i Opt in mt Ltd Co could eb implied as "under the control of the client"??

[diesel]

here is a link to regulation 32...
Conduct of Employment Agencies and Employment Businesses Regulations (Northern Ireland) 2005


some guidance docs
http://www.bis.gov.uk/files/file24248.pdf

[SueEllen]

I have already had an interview with the end client. How does that make me Opt in?

On previous contracts i never really bothered too much on this matter, but as this new agency has send me 10 pages of T&Cs with lost of jargon to ensure they make me sign as Opted Out.

If i Opt In, what are the Pro/Cons compared to Opting Out?
some more agency jargon on the Opt Out Agreement states
-----------
Regulation 32 covers the “Application of the Regulations to work-seekers which are incorporated” and Regulation 32 (9) provides for limited companies and those workers whose services they supply, to opt out of the Regulations. AGENT XXX considers it is inconsistent for the arrangements between an agency and a limited company for the supply of individual workers to be subject to the terms of the Regulations as the Regulations imply they are applicable to workers who act ‘for and under the control’ of the End-User.
------------------------
does that mean if i Opt in mt Ltd Co could eb implied as "under the control of the client"??

The agency is talking tulip.

Get the contract reviewed and the clauses struck out. Do a search and you will find links to solicitors and companies who review contracts.

Edited to say: I've met more than one agent who goes pale and becomes a push over when you actually do send the contract for review.

[diesel]

The agency is talking tulip.

Get the contract reviewed and the clauses struck out. Do a search and you will find links to solicitors and companies who review contracts.

Edited to say: I've met more than one agent who goes pale and becomes a push over when you actually do send the contract for review.

i sent my contract to Qdos for review, but they only review for IR35, not sure if this comes under the category.

[SueEllen]

i sent my contract to Qdos for review, but they only review for IR35, not sure if this comes under the category.

Give them a ring and see what they can do for you - remember if you don't ask you definitely won't get.