Hi all
Just about to start a new contract via Elan and have noticed the following at the bottom of the contract, after asking the agent why I hadn't been asked about opting in/out.
'I am opting out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (The Regulations) and accordingly the provisions of the Regulations will not apply to any services provided by me.
I am freely entered into this opt-out declaration. I acknowledge that I am free to withdraw this opt-out declaration at any time by giving not less than one week's written notice. However, where notice is given during a Project Period, it will not take effect until the Project Period has ended. This decision is reached on my own behalf, and also on behalf of my company.'
I know from these forums that there are arguments for and against opting in/out. However I am not particularly comfortable with having no choice in the matter. I've queried this with the agent but am of course fully expecting me to reply telling me that this is his client's requirement. I know that this is probably not true - could someone advise me on how best to respond to this?!
The contract is with a client that I would probably not be able to go direct with anyway, due to their own regulations re: recruitment, but I was slightly concerned by this line in the contract which may have an impact (or not?) if opted out:
Elan may terminate these terms of engagement with immediate effect:
- if the client has failed to pay an invoice in relation to the Services provided by the Company.
Any thoughts welcomed!
Thanks
Lisa
Just about to start a new contract via Elan and have noticed the following at the bottom of the contract, after asking the agent why I hadn't been asked about opting in/out.
'I am opting out of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (The Regulations) and accordingly the provisions of the Regulations will not apply to any services provided by me.
I am freely entered into this opt-out declaration. I acknowledge that I am free to withdraw this opt-out declaration at any time by giving not less than one week's written notice. However, where notice is given during a Project Period, it will not take effect until the Project Period has ended. This decision is reached on my own behalf, and also on behalf of my company.'
I know from these forums that there are arguments for and against opting in/out. However I am not particularly comfortable with having no choice in the matter. I've queried this with the agent but am of course fully expecting me to reply telling me that this is his client's requirement. I know that this is probably not true - could someone advise me on how best to respond to this?!
The contract is with a client that I would probably not be able to go direct with anyway, due to their own regulations re: recruitment, but I was slightly concerned by this line in the contract which may have an impact (or not?) if opted out:
Elan may terminate these terms of engagement with immediate effect:
- if the client has failed to pay an invoice in relation to the Services provided by the Company.
Any thoughts welcomed!
Thanks
Lisa
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