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Previously on "AWR - completely different to Conduct of Agencies act?"

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  • psychocandy
    replied
    Originally posted by mudskipper View Post
    They are different.

    You can opt out (or not) of the Conduct Regulations.

    The AWR has to apply to "workers". Because you are in business on your own account (assuming you're outside IR35), you are not a worker therefore the agency is asking you to agree with their assessment that the AWR do not apply. (The AWR gives you rights like holiday pay, getting treated the same as permies after 12 weeks. etc.)

    But get your contract professionally reviewed - well worth the money.
    Thank you muddie. Always do it get reviewed by my friends at QDOS who provice a cracking service I must admit.

    Leave a comment:


  • mudskipper
    replied
    Originally posted by psychocandy View Post
    Malvy - I thought they were different to be fair. So AWR is not the one to opt out of?
    They are different.

    You can opt out (or not) of the Conduct Regulations.

    The AWR has to apply to "workers". Because you are in business on your own account (assuming you're outside IR35), you are not a worker therefore the agency is asking you to agree with their assessment that the AWR do not apply. (The AWR gives you rights like holiday pay, getting treated the same as permies after 12 weeks. etc.)

    But get your contract professionally reviewed - well worth the money.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by psychocandy View Post
    NLUK - I only just had it sent to me - what do you think Im doing?
    Flailing round like an incompetent newbie?
    Last edited by northernladuk; 22 December 2016, 15:12.

    Leave a comment:


  • northernladuk
    replied
    Originally posted by psychocandy View Post
    Malvy - I thought they were different to be fair. So AWR is not the one to opt out of?
    Mate. You started the bloody sticky about all this. Why the bloody hell don't you go read it? Questions like this with so much information on the web, links and in the search are just a disgrace.

    Leave a comment:


  • psychocandy
    replied
    Originally posted by malvolio View Post
    AWR (Agency Workers Regulations ) or CEA (Conduct of Employment Agencies and Employment Business Regulations 2003 ). Only one allows an opt out.

    What was that about attention to detail?
    Malvy - I thought they were different to be fair. So AWR is not the one to opt out of?

    Leave a comment:


  • psychocandy
    replied
    Originally posted by northernladuk View Post
    Just noticed? You should be going through it all with a fine toothed comb. Last three gig's I've had have done this.
    NLUK - I only just had it sent to me - what do you think Im doing?

    Leave a comment:


  • malvolio
    replied
    AWR (Agency Workers Regulations ) or CEA (Conduct of Employment Agencies and Employment Business Regulations 2003 ). Only one allows an opt out.

    What was that about attention to detail?

    Leave a comment:


  • northernladuk
    replied
    Just noticed? You should be going through it all with a fine toothed comb. Last three gig's I've had have done this.

    Leave a comment:


  • psychocandy
    replied
    Originally posted by eek View Post
    Nope that's opting out but it's probably too late to be valid
    The old argument about introduction etc?

    Leave a comment:


  • psychocandy
    replied
    Although just noticed this at the top. Cheeky buggers.....

    XYZ Terms of Engagement with Limited Company Contractors who have opted out of the Conduct Regulations

    Leave a comment:


  • eek
    replied
    Originally posted by psychocandy View Post
    The Contractor acknowledges and agrees, and shall procure that the Consultant acknowledges and agrees, that the Consultant will not constitute an agency worker for the purposes of Regulation 3(1) of the AWR and enters into these Terms on that basis

    Different to opting out?
    Nope that's opting out but it's probably too late to be valid

    Leave a comment:


  • northernladuk
    replied
    Ah well... wasn't going to be long before you normal service would be resumed.

    You could try google or searching the forum before embarassing yourself.

    Just send them a mail saying you'll be opting out of AWR. You'll be fine.
    Last edited by northernladuk; 22 December 2016, 14:45.

    Leave a comment:


  • northernladuk
    replied
    Hmm. Seems to be a problem with editing posts in my explorer.

    Leave a comment:


  • AWR - completely different to Conduct of Agencies act?

    The Contractor acknowledges and agrees, and shall procure that the Consultant acknowledges and agrees, that the Consultant will not constitute an agency worker for the purposes of Regulation 3(1) of the AWR and enters into these Terms on that basis

    Different to opting out?

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