Re: What will happen if you do not opt out
A lot has been discussed about the way agencies are using these regs to their own advantage and 'bullying' contractors into doing what they are told, namely opting-out.
As contractors we have a lot more power than a lot of people seem to think we do, namely if an agency is being a pain, just go the client and talk about it. I know of numerous instances when a client has called a pimp in and hauled him over the coals for being a prat. The client is King in this instance as there are hundreds (if not thousands) of agencies out there all desperate to get the business, so if pimp knows what's good for him he sorts things out pdq.
Instead of whining about the way we are being treated by agencies, we should start to do things about it. There is an awful lot of garbage thrown out by agencies about 'the law'. I have yet to meet a pimp who knows contract law, let alone the full impact of these regs.
We are in the better position to create a good relationship with the client as we work with them on a daily basis. The pimp only sees the client on an infrequent basis and then usually to buy lunch or send through a Xmas card.
There is nothing to stop you inviting your boss and your colleagues out for a drink and then getting a round in, you will be surprised how well that goes down. While in Germany on her last contract, the wife used to invite her colleagues (and boss) around to her apartment for the occasional meal. As they were mostly Yanks and Brits, good 'ol home cooking went down a storm.
Also, point out to the agency that if they make the contract long enough with an appropriate termination clause (1 month minimum) then there is no issue about transferring to the client at the end of the contract so another reason to opt-out is sorted. Oh, and if the agency tried to enforce a contract lock-in they would truly be treated to an education in 'the law' as once again clients have the money and muscle to be able to fight court cases like this.
Agencies are saying that unless you opt-out you will have to provide all sorts of personal information to prove who you are, this was in the original Agency Act of the early '70s so why is it suddenly so important. It isn't, it is only important to use as a stick to beat you with. Might I suggest that you spend a little time whilst resting from you last contract to put together a pack of all the relevant information you think you will need and the next time an agent asks for this kind of stuff simply copy them the pack. Include everything, Birth Certificate, copy of passport, copy of marriage certificate, go to the STD clinic and get tested send a copy of the report, get all your certificates together for every course you've ever done including the pottery class you did whilst on holiday in Majorca last year, get letters of recommendation from your old clients and include those (take the names and contact details off so you're not giving the pimps free contacts), when asked to provide references to pimps, provide them with a list of all your previous agents and agencies, again this is in line with the new regs, send a copy of your results from Mensa and finally don't forget to include a copy of your current TV and driving licenses.
I hope other people on this board will come up with other ideas which will enable contractors to work within the regs and make life just a little bit more difficult for the agencies, because if Oak is correct then the agencies could be out of business in 6 months, maybe then they will actually start to give contractors the credit they deserve.
And to the agents reading this post, don't blame contractors for your own short-comings. If a contractor has shafted you or done a bad job at a client site, remember YOU chose them, so you are as much to blame for their behavior, after all you should have done a better job of screening them and maybe if you looked at the new regs with that in mind you will see that they can be used to help you provide a better quality of candidate and to help weed out the dross from our industry who are I might add, only being allowed to flourish because of the incompetence of agencies.
A lot has been discussed about the way agencies are using these regs to their own advantage and 'bullying' contractors into doing what they are told, namely opting-out.
As contractors we have a lot more power than a lot of people seem to think we do, namely if an agency is being a pain, just go the client and talk about it. I know of numerous instances when a client has called a pimp in and hauled him over the coals for being a prat. The client is King in this instance as there are hundreds (if not thousands) of agencies out there all desperate to get the business, so if pimp knows what's good for him he sorts things out pdq.
Instead of whining about the way we are being treated by agencies, we should start to do things about it. There is an awful lot of garbage thrown out by agencies about 'the law'. I have yet to meet a pimp who knows contract law, let alone the full impact of these regs.
We are in the better position to create a good relationship with the client as we work with them on a daily basis. The pimp only sees the client on an infrequent basis and then usually to buy lunch or send through a Xmas card.
There is nothing to stop you inviting your boss and your colleagues out for a drink and then getting a round in, you will be surprised how well that goes down. While in Germany on her last contract, the wife used to invite her colleagues (and boss) around to her apartment for the occasional meal. As they were mostly Yanks and Brits, good 'ol home cooking went down a storm.
Also, point out to the agency that if they make the contract long enough with an appropriate termination clause (1 month minimum) then there is no issue about transferring to the client at the end of the contract so another reason to opt-out is sorted. Oh, and if the agency tried to enforce a contract lock-in they would truly be treated to an education in 'the law' as once again clients have the money and muscle to be able to fight court cases like this.
Agencies are saying that unless you opt-out you will have to provide all sorts of personal information to prove who you are, this was in the original Agency Act of the early '70s so why is it suddenly so important. It isn't, it is only important to use as a stick to beat you with. Might I suggest that you spend a little time whilst resting from you last contract to put together a pack of all the relevant information you think you will need and the next time an agent asks for this kind of stuff simply copy them the pack. Include everything, Birth Certificate, copy of passport, copy of marriage certificate, go to the STD clinic and get tested send a copy of the report, get all your certificates together for every course you've ever done including the pottery class you did whilst on holiday in Majorca last year, get letters of recommendation from your old clients and include those (take the names and contact details off so you're not giving the pimps free contacts), when asked to provide references to pimps, provide them with a list of all your previous agents and agencies, again this is in line with the new regs, send a copy of your results from Mensa and finally don't forget to include a copy of your current TV and driving licenses.
I hope other people on this board will come up with other ideas which will enable contractors to work within the regs and make life just a little bit more difficult for the agencies, because if Oak is correct then the agencies could be out of business in 6 months, maybe then they will actually start to give contractors the credit they deserve.
And to the agents reading this post, don't blame contractors for your own short-comings. If a contractor has shafted you or done a bad job at a client site, remember YOU chose them, so you are as much to blame for their behavior, after all you should have done a better job of screening them and maybe if you looked at the new regs with that in mind you will see that they can be used to help you provide a better quality of candidate and to help weed out the dross from our industry who are I might add, only being allowed to flourish because of the incompetence of agencies.
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