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Agency Regs Opt-in/Opt-out

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    Agency Regs Opt-in/Opt-out

    Here we go again

    I'm back in contracting after a few years.

    I'm due to start a contract during the next week, and the paperwork just arrived today. The "Assignment Schedule" and contains the magic words:

    "Consultant Status: Opt-out from regulations; Service Provider Status: Opt-out from regulations".

    The consultant is me. The service provider is the umbrella company I am using.

    The "model contract" I obtained from the agency (who are an "employment business" ) when I talked to them says nothing specific about opt-ins and opt-outs, but is drafted to allow for both options. I did the interview this week.

    Now, the question:

    My understanding is that:

    a) I want to be opted in.
    b) I can only opt out (or be opted out ) from the Regs if a conversation was held between me and the agency and documented before I was introduced to the client. No such conversation was held.

    Therefore my conclusion is that at this stage I could not opt-out even if I wanted to.

    Comments would be most welcome.

    Ferdy

    #2
    Posted here by mistake - please answer the copy in the Legal Forum,

    Ferdinand.

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