The Conduct of Employment Business Regulations 2003

[Paul77]

Hi

I'm currently using Jobserve alot to apply for new contracts and when filling the online application form keep getting asked if as a limited company do I
want to opt in or out of "The Conduct of Employment Business Regulations 2003". I'm assuming there is no reason why contractors with limited companies should not opt in and there are no implications regarding IR35.
Can anyone verify this?

Paul

[TheFaQQer]

Most EBs will tell you that opting in will make you inside IR35. This is usually because they try to offer a non-IR35 friendly contract if you opt in.

Most EBs don't understand the concept of when they need to get a signed opt out from you, and include it in a contract - by which time you can't opt out. I haven't met one that understands this point yet.

[Paul77]

Sounds like opting into 2003 EB regulations should be avoided
and one should concentrate on ensuring the contract is IR35 friendly

[Ardesco]

Opting in/out has no effect on IR35. The agency may try and get you to opt out by refusing to give you an IR35 complient contract unless you opt out (Somthing that is against the principles of the legislation but that hasn't stopped them and the government hasn't done anything about it).

The sensible thing to do woul be to opt in as you are then guaranteed to get paid even if the end client doesn't pay the agent and there can be no handcuff clauses. This means that at renewal time you would be well within your rights to go direct and the agency can't do anything about it.

This being said the agency will probably ignore your application if you opt in because it increases thier burden or work and their risk (If you opt in they have to verify that you are who you say you are and they have to check that your work history is not made up on the spot).

[Emily]

This being said the agency will probably ignore your application if you opt in because it increases thier burden or work and their risk (If you opt in they have to verify that you are who you say you are and they have to check that your work history is not made up on the spot).

To be honest, I doubt most will even notice that on your application. the legal guys deal with that, so most consultants won't take any notice of it. They will only care about it once they've signed you up for a contract and they have to ask you officially.

[Ardesco]

To be honest, I doubt most will even notice that on your application. the legal guys deal with that, so most consultants won't take any notice of it. They will only care about it once they've signed you up for a contract and they have to ask you officially.

Depends what filters they have set up on thier resume inboxes. It is quite possibel they delved through the opt out box first and if they can't find anything worthwhile then then move onto the opt in box.

Most agents I have talked to have a good enough understanding that if you don't opt out it is a lot more work for them, however most don't realise that it is too late by the time they get round to asking you if you will opt out.