I know the advantages/disadvantages have been much discussed on this forum of opting in/out.
However, is it legal for an agency contract to assume you are opting out by putting the opt-out clause with your contract - is that legal?
I recall reading something/somewhere which indicated that the opt-in/opt-out cannot be put into the contract.
This is what the paragraph says within the contract:
"These terms and conditions are applicable to Limited Company contractors for UK assignments; here the contractor has opted out with respect to the Conduct Regulations. ‘EAA’ means the Employment Agencies Act 1973, and ‘Employment Agency’ and ‘Employment Business’ have the meanings defined by the EAA. ‘Conduct Regulations’ means the Conduct of Employment Agencies and Employment businesses Regulations 2003. ‘Opted Out’ means agreement made between the Contractor and a person to be engaged on the Services, notified to [Agent Name], and having the effect that the Conduct Regulations do not apply in relation to an introduction or engagement."
Can I object by citing something legally, to ensure its removed?
I would prefer to opt-in - its a short contract and there are not IR35 issues - I think I will be better protected if I opt-in.
Welcome your inputs asap as will have to provide feedback immediately to the agency.
However, is it legal for an agency contract to assume you are opting out by putting the opt-out clause with your contract - is that legal?
I recall reading something/somewhere which indicated that the opt-in/opt-out cannot be put into the contract.
This is what the paragraph says within the contract:
"These terms and conditions are applicable to Limited Company contractors for UK assignments; here the contractor has opted out with respect to the Conduct Regulations. ‘EAA’ means the Employment Agencies Act 1973, and ‘Employment Agency’ and ‘Employment Business’ have the meanings defined by the EAA. ‘Conduct Regulations’ means the Conduct of Employment Agencies and Employment businesses Regulations 2003. ‘Opted Out’ means agreement made between the Contractor and a person to be engaged on the Services, notified to [Agent Name], and having the effect that the Conduct Regulations do not apply in relation to an introduction or engagement."
Can I object by citing something legally, to ensure its removed?
I would prefer to opt-in - its a short contract and there are not IR35 issues - I think I will be better protected if I opt-in.
Welcome your inputs asap as will have to provide feedback immediately to the agency.
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