Comment on my clauses ?

[rickom]

Hi All,

I would appreciate if you guys could glance through the following sections of contract which differ in Opt-out/Opt-in. It looks like a slam dunk for Opt-in , but i would like to ensure they are not pulling a fast one on me. I have only attached the differing clauses. Names changed to protect the innocent.

Opt-in

This Agreement is between OMG Agency(“OMG”) entering into this contract as an employment business and the limited company referred to in the Assignment Schedule

Opt-Out

This Agreement is between OMG Agency(“OMG”) entering into employment business and the limited company referred to in the Assignment Schedule.


I am going via an umbrella, does the above say this a B2B contract and not a temp position ?

Opt-in

This contract should be signed/authorised by the Contractor and submitted to OMG within 7 days of the commencement of the Services. In any event, the Contractor shall be deemed to have agreed to this Agreement upon either the Contractor signing the Agreement, the Contractor or Personnel commencing performance of the Services, upon the Contractor or Personnel using the System, or upon the Contractor receiving payment of the Fee by OMG, whichever event occurs the earlier.


Opt-Out

This contract should be signed/authorised by the Contractor and submitted to OMG within 7 days of the commencement of the Services. In any event, the Contractor shall be deemed to have agreed to this Agreement upon either the Contractor signing the Agreement, the Contractor or Personnel commencing performance of the Services, upon the Contractor or Personnel using the System, whichever event occurs the earlier. For the avoidance of doubt, no payment of the Fee will be made to the Contractor until a signed/authorised contract is received by OMG irrespective of any deemed acceptance.


Cheers!

[SueEllen]

Firstly if you are using an umbrella the clauses make absolutely no difference to you as you are being paid as an employee.

Secondly you shouldn't expect us all to go through your contract clauses. Pay for your contract to be reviewed either by a specialist review company, your accountant if they do them or a lawyer.

Finally there is a sticky on opt-in and opt-out. I suggest you read it.

[rickom]

Hi Sue,
Thanks! I understand ;I do not expect every one to go through every minute detail.I have edited my post, to cut down the clutter.

In all fairness, I have read the thread you mentioned ; I am good with the contract , there are a few wordings which seem to unsettle me. If some one can the site can help me out, great stuff... else i will be get it reviewed.


Cheers!

[SueEllen]

I don't think you can understand:
Don't opt-out


There is absolutely no reason legal or otherwise for you to do so.

And if you have been interviewed by the client you now can't.

[rickom]

I don't think you can understand:
Don't opt-out


There is absolutely no reason legal or otherwise for you to do so.

And if you have been interviewed by the client you now can't.

Strangely , I have met ; Interviewed and been offered. My agency as presented the option to me now,i.e. to opt-out or not.

[Wanderer]

Strangely , I have met ; Interviewed and been offered. My agency as presented the option to me now,i.e. to opt-out or not.

If you have to ask then you shouldn't sign the opt out. And even if you do know what you are doing, you still shouldn't sign the opt out.

Have a read of the sticky too.