Contract - NOT opted out

**TykeMerc** · 5 June 2011, 21:52

Originally posted by gamble1234 View Post

All,

what things do i have to look out for on a contract that is NOT opted out? (long story short opted out but then told the agent will only take of im opted in) so now awating a new contract!

thanks

By default all contracts are opted IN and remain so until you specifically, voluntarily and in writing opt OUT.
For that matter once you've been introduced to the client you're opted IN and that applies unless you opted out before the introduction.

**SueEllen** · 5 June 2011, 21:52

How long is a piece of string?

It depends entirely on how the agent writes the contract.

The contract should be the same except that certain sections like restriction of trade should make it clear they only apply if you are opted-out.

If they don't i.e. the agent puts in a restriction of trade clause of a year - you can either tell the agent you will ignore the clause(s) entirely as they don't apply, or cross them out, sign the contract and send it back to them.

**Wanderer** · 5 June 2011, 22:48

Originally posted by gamble1234 View Post

what things do i have to look out for on a contract that is NOT opted out? (long story short opted out but then told the agent will only take of im opted in) so now awating a new contract!

Do you have an electronic copy of the contracts? Just do a diff to compare the two.

Good to see that the message about not opting out is getting though.

**gamble1234** · 9 June 2011, 09:36

Originally posted by Wanderer View Post

Do you have an electronic copy of the contracts? Just do a diff to compare the two.

Good to see that the message about not opting out is getting though.

Just about getting through! guess agent doesnt want to lose face! The contract I have no recieved is totally different! more like a temperoary workers contract!!!

**SueEllen** · 9 June 2011, 09:49

Originally posted by gamble1234 View Post

Just about getting through! guess agent doesnt want to lose face! The contract I have no recieved is totally different! more like a temperoary workers contract!!!

Unfortunately if the agent is causing you trouble then it's time to put your hand in your pocket and get the contract reviewed. I suggest you find a company/lawyer who is happy to review and rewrite it if needed.

**Hex** · 9 June 2011, 12:45

Originally posted by gamble1234 View Post

Just about getting through! guess agent doesnt want to lose face! The contract I have no recieved is totally different! more like a temperoary workers contract!!!

This is quite common. If you opt out they give you a nice B2B contract which ticks all the outside IR35 boxes. If you opt in they give you a temporary worker type contract that makes you inside IR35.

I don't think there's much you can do about this apart from walk if you don't like it. You can try telling them that you want to opt in but want the B2B contract and see what they say.

**SueEllen** · 9 June 2011, 13:02

Originally posted by Hex View Post

This is quite common. If you opt out they give you a nice B2B contract which ticks all the outside IR35 boxes. If you opt in they give you a temporary worker type contract that makes you inside IR35.

I don't think there's much you can do about this apart from walk if you don't like it. You can try telling them that you want to opt in but want the B2B contract and see what they say.

Actually you can get the contract reviewed and redrafted but you have to bear the cost of doing that. Once agents know you have a lawyer on hand they normally back down.

**gamble1234** · 9 June 2011, 13:22

Originally posted by SueEllen View Post

Actually you can get the contract reviewed and redrafted but you have to bear the cost of doing that. Once agents know you have a lawyer on hand they normally back down.

I think this is the best thing to do. Can people recommend a good lawyer to go to? should I go to the job without a signed contract? (the client wants me to start on Monday!)

Thanks
Gamble

**LisaContractorUmbrella** · 9 June 2011, 13:57

Originally posted by Hex View Post

This is quite common. If you opt out they give you a nice B2B contract which ticks all the outside IR35 boxes. If you opt in they give you a temporary worker type contract that makes you inside IR35.

I don't think there's much you can do about this apart from walk if you don't like it. You can try telling them that you want to opt in but want the B2B contract and see what they say.

With regard to IR35 it will be the contractor's working practises that determine his status and not what is written in the contract

Contract - NOT opted out