A person I work with received this from their agents today. In particular Im interested in this quote:
"if the Contractor doesn’t Opt Out, you’ll have to meet him/her, ID check etc which will delay the CV getting to the Client. Could cause the Contractor to miss out on the best jobs. "
This is probably the only way agencies could get people to opt out aye...force them to opt out OR they wont be going forward for vacancies.
Anyways...thoughts on this? I still dont think there are any advantages to opting out apart from the fact that agents wont put anyone who doesnt opt out forward for vacancies (thank you PCG)
*****************************
The Conduct of Employment Agencies and Employment Businesses Regulations 2003
BUSINESS PROCESS FOR CONTRACTORS WHO DO NOT OPT OUT
1.        Advertisements must include the following information & must be put onto xx.com / MS.com:
·        Must include full company name
·        State whether contract or permanent vacancy
·        Position
·        Rate of pay
·        Nature of client’s business
·        Nature of work
·        Location
·        Minimum experience
·        Training required
·        Qualifications required
2.        You must ask the Client the following questions and record their response on Adapt:
“Are there any risks to Health & Safety which the Contractor should be aware of?” - the response will be drawn up on the contract covering letter.
“Is the Contractor being sought to replace someone on official industrial action?” - if yes to this question, you cannot place contractor.
3.        You must meet the Contractor BEFORE providing any recruitment services (i.e. before even sending the contractor’s CV) and
check and get copies of the Contractor’s ID (I.e. passport), work visa (if required) and qualifications (if required to work in the job); and
give the Contractor a copy of the Non-Opt Out T&C’s to the Contractor.
4.        You must send the Client a copy of the Non-Opt Out Client T&C’s; because of new Temp to Perm / Temp to Temp fees.
NEW RULES FOR T2P and T2T FEES IF THE CONTRACTOR DOES NOT OPT OUT
Rule 1: T2T/T2P fees can be charged provided Rules 2 & 3 are not broken.
Rule 2: If you wish to be able to charge a fee, you must offer the Client an extended hire period as an alternative to payment of the fee.
Rule 3: you may not attempt to charge a fee for the T2T / T2P where the Client has waited for the “quarantine period” to elapse before it takes the Contractor T2T/T2P
The Quarantine Period is:
·        8 weeks from the last date on which the Contractor worked for the Client; or
·        (if longer) 14 weeks from the commencement of the original engagement
INCENTIVISING THE CONTRACTOR TO OPT OUT
May help protect IR35 status; Contractor groups such as the PCG and Shout99 are heavily backing the Opt Out.
Snob value; this legislation was written in response to complaints about agencies from cleaners in Bristol. Its not intended for our end of the market.
We’re a reputable organisation providing a quality service; the legislation was written to curb the cowboy agencies, we already provide a high standard of service.
Speed; if the Contractor doesn’t Opt Out, you’ll have to meet him/her, ID check etc which will delay the CV getting to the Client. Could cause the Contractor to miss out on the best jobs.
Rates; you could offer a higher rate to the Contractor to Opt Out, but be careful you don’t treat it as a penalty.
BUSINESS PROCESS FOR SECURING AN OPT OUT
·        Discussion about the Opt Out should be conducted with EVERY Contractor whose CV you will be putting forward to a role.
·        Secure verbal or email agreement (better) (Keep emails).
·        Mark on Adapt that agreement has been given to Opt Out.
·        When a placement is made, tell your Contracts Administrator that Opt Out was agreed.
·        An Opt Out Form will be sent with the contracts for signing. Should the Contractor wish to see a copy of the Opt Out Form, a PDF version will be available on the intranet for emailing.
IMMEDIATE ACTIONS
·        We have until 5th July to get every Contractor on our base to Opt Out.
·        From today, every NEW contractor should be signing an Opt Out
·        From today, every EXTENDING contractor should be signing an Opt Out
·        For existing Contractors who are not going to extend before 5th July, we need to get them to Opt Out.
·        Identify which Contractors you need to talk to on your base.
·        Talk to these Contractors, secure an Opt Out.
·        Tell your Contracts Administrator
·        We will then issue the Contractor with a “new” contract, with a Start Date of 6th July and an Opt Out Form.
·        DEADLINE FOR SECURING ALL OPT OUTS IS 25TH JUNE
"if the Contractor doesn’t Opt Out, you’ll have to meet him/her, ID check etc which will delay the CV getting to the Client. Could cause the Contractor to miss out on the best jobs. "
This is probably the only way agencies could get people to opt out aye...force them to opt out OR they wont be going forward for vacancies.
Anyways...thoughts on this? I still dont think there are any advantages to opting out apart from the fact that agents wont put anyone who doesnt opt out forward for vacancies (thank you PCG)
*****************************
The Conduct of Employment Agencies and Employment Businesses Regulations 2003
BUSINESS PROCESS FOR CONTRACTORS WHO DO NOT OPT OUT
1.        Advertisements must include the following information & must be put onto xx.com / MS.com:
·        Must include full company name
·        State whether contract or permanent vacancy
·        Position
·        Rate of pay
·        Nature of client’s business
·        Nature of work
·        Location
·        Minimum experience
·        Training required
·        Qualifications required
2.        You must ask the Client the following questions and record their response on Adapt:
“Are there any risks to Health & Safety which the Contractor should be aware of?” - the response will be drawn up on the contract covering letter.
“Is the Contractor being sought to replace someone on official industrial action?” - if yes to this question, you cannot place contractor.
3.        You must meet the Contractor BEFORE providing any recruitment services (i.e. before even sending the contractor’s CV) and
check and get copies of the Contractor’s ID (I.e. passport), work visa (if required) and qualifications (if required to work in the job); and
give the Contractor a copy of the Non-Opt Out T&C’s to the Contractor.
4.        You must send the Client a copy of the Non-Opt Out Client T&C’s; because of new Temp to Perm / Temp to Temp fees.
NEW RULES FOR T2P and T2T FEES IF THE CONTRACTOR DOES NOT OPT OUT
Rule 1: T2T/T2P fees can be charged provided Rules 2 & 3 are not broken.
Rule 2: If you wish to be able to charge a fee, you must offer the Client an extended hire period as an alternative to payment of the fee.
Rule 3: you may not attempt to charge a fee for the T2T / T2P where the Client has waited for the “quarantine period” to elapse before it takes the Contractor T2T/T2P
The Quarantine Period is:
·        8 weeks from the last date on which the Contractor worked for the Client; or
·        (if longer) 14 weeks from the commencement of the original engagement
INCENTIVISING THE CONTRACTOR TO OPT OUT
May help protect IR35 status; Contractor groups such as the PCG and Shout99 are heavily backing the Opt Out.
Snob value; this legislation was written in response to complaints about agencies from cleaners in Bristol. Its not intended for our end of the market.
We’re a reputable organisation providing a quality service; the legislation was written to curb the cowboy agencies, we already provide a high standard of service.
Speed; if the Contractor doesn’t Opt Out, you’ll have to meet him/her, ID check etc which will delay the CV getting to the Client. Could cause the Contractor to miss out on the best jobs.
Rates; you could offer a higher rate to the Contractor to Opt Out, but be careful you don’t treat it as a penalty.
BUSINESS PROCESS FOR SECURING AN OPT OUT
·        Discussion about the Opt Out should be conducted with EVERY Contractor whose CV you will be putting forward to a role.
·        Secure verbal or email agreement (better) (Keep emails).
·        Mark on Adapt that agreement has been given to Opt Out.
·        When a placement is made, tell your Contracts Administrator that Opt Out was agreed.
·        An Opt Out Form will be sent with the contracts for signing. Should the Contractor wish to see a copy of the Opt Out Form, a PDF version will be available on the intranet for emailing.
IMMEDIATE ACTIONS
·        We have until 5th July to get every Contractor on our base to Opt Out.
·        From today, every NEW contractor should be signing an Opt Out
·        From today, every EXTENDING contractor should be signing an Opt Out
·        For existing Contractors who are not going to extend before 5th July, we need to get them to Opt Out.
·        Identify which Contractors you need to talk to on your base.
·        Talk to these Contractors, secure an Opt Out.
·        Tell your Contracts Administrator
·        We will then issue the Contractor with a “new” contract, with a Start Date of 6th July and an Opt Out Form.
·        DEADLINE FOR SECURING ALL OPT OUTS IS 25TH JUNE
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