Opt-Out as pre-condition of contract! Wow!

[evilagent]

Last night I saw a contract, and the Opt-Out was a pre-condition.

Shirley, that can't be right?!

[CheeseSlice]

An actual contract or an ad on JobSwerve?
link?

[evilagent]

An actual contract or an ad on JobSwerve?
link?

No link.
One of the guys here on-site had signed it and is working to it.

[Ticktock]

But was Opting Out a pre-condition of receiving a contract at all, or was it one of these contracts that is sent out trying to sneak an Opt Out buried within it, or was it "This contract is based on the assumption that you have Opted Out"?

Only the first is really a problem.

[malvolio]

Last night I saw a contract, and the Opt-Out was a pre-condition.

Shirley, that can't be right?!

More than that, it's actually illegal with a defined penalty for any breach. Shop them to the BIS

[evilagent]

But was Opting Out a pre-condition of receiving a contract at all, or was it one of these contracts that is sent out trying to sneak an Opt Out buried within it, or was it "This contract is based on the assumption that you have Opted Out"?

Only the first is really a problem.

Where provided by agency, blah, blah, consented, blah,
"has signed the Opt-Out set out at Schedule X of this Agreement."

[Ticktock]

Where provided by agency, blah, blah, consented, blah,
"has signed the Opt-Out set out at Schedule X of this Agreement."

Yes, so they're not saying "You can't have a contract unless you Opt Out", they're saying "This contract is if you Opt Out".

Some agencies have separate Opt In and Opt Out contracts, some use a single contract.
The contract I get from my regular agency has a load of t&cs based on Opt Out, but a clause stating that those only apply if I've Opted Out.

[eek]

More than that, it's actually illegal with a defined penalty for any breach. Shop them to the BIS

Yep. That really works. Amelia Bond has totally and utterly stopped asking for opt out.

Nope they just decided to ask for it earlier and won't bother working with you unless you sign it....

[Old Greg]

Yep. That really works. Amelia Bond has totally and utterly stopped asking for opt out.

Nope they just decided to ask for it earlier and won't bother working with you unless you sign it....

Genuine question as it's sometimes raised. Can you sign opt out and then withdraw opt out? If so, what is the required timing around withdrawal?

[malvolio]

Yep. That really works. Amelia Bond has totally and utterly stopped asking for opt out.

Nope they just decided to ask for it earlier and won't bother working with you unless you sign it....

Still illegal, if you can evidence it...

Genuine question as it's sometimes raised. Can you sign opt out and then withdraw opt out? If so, what is the required timing around withdrawal?

Yes - at any point up to commencing work