A new Gig and am suspecting Agency dodgy dealings with sign-up

[pauly]

You are starting to make a right dick of yourself.

Thanks for the constructive posting. I'll allow others to determine if you sound like a bullying Agent.

P.s. I think you are confusing Opt in/out. It isn't for the working time directives. Go do some more reading before further embarrassing yourself.

I understand the working time directive is not the same as the Conduct of Agency Regs which you can Opt-out of. As per the earlier posting, they do seem to be related and I am keen to understand this relationship.

[LisaContractorUmbrella]

NLUK is right - you are getting really confused. You need to have an understanding of each of the following and how they relate to you:

Agency Worker Regulations - for the protection of agency workers
Conduct of Employment Businesses & Employment Agencies - regulates how agencies work - this is the one that you can opt-out of
IR35 - determines whether or not you will be a PAYE employee of your Ltd Co.
EC Working Time Directives - restricts working hours

[moggy]

NLUK is right - you are getting really confused. You need to have an understanding of each of the following and how they relate to you:

Agency Worker Regulations - for the protection of agency workers
Conduct of Employment Businesses & Employment Agencies - regulates how agencies work - this is the one that you can opt-out of
IR35 - determines whether or not you will be a PAYE employee of your Ltd Co.
EC Working Time Directives - restricts working hours

He can also opt out of the working time directives

[LisaContractorUmbrella]

He can also opt out of the working time directives

Not sure that he could https://www.gov.uk/maximum-weekly-wo...and-opting-out

[moggy]

Not sure that he could https://www.gov.uk/maximum-weekly-wo...and-opting-out

can't remember seeing his job title in this thread, but looks to me that most can from that link other than,

"Workers who can’t opt out

Employers must not allow the following staff to opt out:

workers on ships or boats
airline staff
workers in the road transport industry, eg delivery drivers (except for drivers of vehicles under 3.5 tonnes using GB Domestic drivers’ hours rules)
other staff who travel in and operate vehicles covered by EU rules on drivers’ hours, eg bus conductors
security guards on a vehicle carrying high-value goods"

[LisaContractorUmbrella]

can't remember seeing his job title in this thread, but looks to me that most can from that link other than,

"Workers who can’t opt out

Employers must not allow the following staff to opt out:

workers on ships or boats
airline staff
workers in the road transport industry, eg delivery drivers (except for drivers of vehicles under 3.5 tonnes using GB Domestic drivers’ hours rules)
other staff who travel in and operate vehicles covered by EU rules on drivers’ hours, eg bus conductors
security guards on a vehicle carrying high-value goods"

You could well be right Moggy - not sure I've seen this come up before as an issue

[malvolio]

can't remember seeing his job title in this thread, but looks to me that most can from that link other than,

"Workers who can’t opt out

Employers must not allow the following staff to opt out:

workers on ships or boats
airline staff
workers in the road transport industry, eg delivery drivers (except for drivers of vehicles under 3.5 tonnes using GB Domestic drivers’ hours rules)
other staff who travel in and operate vehicles covered by EU rules on drivers’ hours, eg bus conductors
security guards on a vehicle carrying high-value goods"

To which you can add comapny directors, who are exempted from the WTD.

[d000hg]

Oh look, someone asking for advice and having a go at the people supplying it.

[pauly]

NLUK is right - you are getting really confused.

Ta. Thought I had it, but the Agency propaganda has got ma' head spinning.

You need to have an understanding of each of the following and how they relate to you:

Agency Worker Regulations - for the protection of agency workers
Conduct of Employment Businesses & Employment Agencies - regulates how agencies work - this is the one that you can opt-out of
IR35 - determines whether or not you will be a PAYE employee of your Ltd Co.
EC Working Time Directives - restricts working hours

Get it.

The Job Title for this contract is IT Project Manager.

Sounds as though I could technically Opt-out of sections of the EC Working Time Directive as described here...

"The UK along with a number of other EU countries negotiated for the regulations to also include the ability for you to opt out to the section which restricts working hours to 48 hours each week. You can’t opt out of any part of the other regulations so even if you opt out of the working week restrictions you are still entitled to the rest of the provisions of the regulations."

Also understood that if I engaged as a Ltd Co I maybe excempt from the WTD as a Director

I just want to understand:

1. If there is any validity to an Agency arguments encouraging a candidate to Opt-out of the Conduct of Employment Regs in order to work and be paid overtime?? And if they are valid, can a candidate remain Opted-in to the Conduct of Employment Regs, but Opt-out of the WTD working week restrictions part, in order to work the extra hours and be paid overtime (whilst enjoying the protections of the Conduct of Employment Regs)?

2. If an Agent just emails a candidate a generic version of their Conduct of Employment Opt-out contract (i.e. no schedule section) ahead of an interview - is this sufficient "evidence" of the candidate Opting out of the Conduct of Employment Regs before an introduction?

Your past feedback is appreciated.

[malvolio]

So which bit of "To which you can add comapny directors, who are exempted from the WTD" did you not understand? Even given the rubbish typing...

If you want to get technical (why, I ask myself...?) you can't be bound by the WTD unless you are an employee, which you aren't. You can then agree not to be bound by it, which is a variation for the UK alone that was negotiated separately a year or so back.

But to reduce it to its basics, you can ignore the WTD. End of.