Reply to: Opt-In after Opt-Out?

[northernladuk]

Definitely, but there comes a point where they have to do business and I can't see that they are going to drop a candidate that the client wants over a opt-in/out dispute.

I have to agree with this. I don't know what the legal implications of the agent not allowing you to do what you have a legal right to do but if the client gets wind that the agents are doing this and potentially losing talented people I am sure they would take a very dim view of this and start looking elsewhere. There is a level or risk I agree but can't believe any business would risk losing clients by acting immorally and not accepting their own level of risk. Doesn't sound right to me.

[Boo]

Definitely, but there comes a point where they have to do business and I can't see that they are going to drop a candidate that the client wants over a opt-in/out dispute.

My experience is that agencies will stick like glue to the most preposterous contractual terms. If you don't believe they will drop a contractor because they won't opt out then you have never dealt with Hays, for one.

Boo

[Wanderer]

The agency won't let you opt in if they can avoid it. This is because they will have to pay you if the client goes belly-up or otherwise defaults.

Definitely, but there comes a point where they have to do business and I can't see that they are going to drop a candidate that the client wants over a opt-in/out dispute.

[Boo]

Before interview agency is most powerful member of the Client/Agency/Contractor triangle, after offer is made they are the weakest

Agreed that the contractors' position is at it's strongest after the offer. But it is still not very strong because the person negotiating with the client is the agent and they can quietly suggest that if Contractor A is hard to deal with then Contractor B is nearly as good and is asking a lower rate and has a goood track record and, and etc.

So if you believe a contractor can dictate terms after the offer is made then you are living in a different world from me.

Going to agree with Sue, you are an agent..or an idiot ...or most likely both

I am a contractor, not an agent, and calling people stupid just because they disagree with you is not conducive to discussion.

Boo

[Boo]

WHS. It doesn't even make sense to me

The agency won't let you opt in if they can avoid it. This is because they will have to pay you if the client goes belly-up or otherwise defaults.

Boo

[malvolio]

I also have another contract offer on the table at a similar rate


Does anyone have any 'good' advice on what should be my stance? I know what i have in mind but i would be interested in hearing other opinions too

Advice on what?

[Gravy Train]

Thanks.

I'm pretty sure i opted out but i signed the contract (and dated) on the day i commenced work rather than the day i was introduced. Does this negate the opt-in/opt-out clause?

Either way, i don't really want to upset the agency who are known to be very good and would like to work through them in the future. Added to this, i was effectively pinched by my current agency from another one as the other agency had prepped me on an upcoming job but failed to mention the company name which kind of scuppered them a bit as they were then unable to put me forward.

I suppose i'm going to have to speak to the agent direct. Further info is that i will be ceasing to work for the current client for approx 8 weeks and will be returning to do a maternity cover rather than working on the project (which i worked on for 3 months rather than 1) so they have done pretty well out of me already - it was also my first assignement with them too.

I also have another contract offer on the table at a similar rate


Does anyone have any 'good' advice on what should be my stance? I know what i have in mind but i would be interested in hearing other opinions too

[Not So Wise]

This is because the agent will put someone else in instead if you ..

In theory, yes

In practice, no way in hell will agent risk his relationship with client (and more importantly, commission from placement) over an opt in/out dispute.

Before interview agency is most powerful member of the Client/Agency/Contractor triangle, after offer is made they are the weakest

Going to agree with Sue, you are an agent..or an idiot ...or most likely both

[SueEllen]

All of which is wrong, but I'm not going to waste any more time arguing about it.

WHS

I'm beginning to think Boo is an agent.

[northernladuk]

All of which is wrong, but I'm not going to waste any more time arguing about it.

WHS. It doesn't even make sense to me

[malvolio]

All of which is wrong, but I'm not going to waste any more time arguing about it.

[Boo]

If you opted out, you can opt in at any point up to starting work.

If you have opted out you can opt out at any point up to starting work. This is because the agent will put someone else in instead if you don't.

If you have opted in then you can opt out at any point up to starting work. This is because the agent will put someone else in instead if you don't.

If you have opted out you cannot opt in at any point up to starting work. This is because the agent will put someone else in instead if you do.

If you have opted in you cannot opt in at any point up to starting work. This is because the agent will put someone else in instead if you do.

You hold all the cards, Gravy Train, you know what you have to do...



Boo

[Boo]

Does this negate the opt-in/opt-out clause?

No. This has been done to death on a million threads in a million places but see here for example.

The "introduction" mentioned in the regs means "introduced into the workforce", the other (interview) meaning is nonsense promulgated by the PCG to defend their ridiculous stance on the regs quite generally, as well as their stupidity in negotiating the opt out.

Boo

[Gravy Train]

If you opted out, you can opt in at any point up to starting work. This is because you will need a different contract to reflect the change which is tricky if you've started and therefore accepted the last one on the table.

Otherwise you have to wait for renewal when you can change status in either direction (again, subject to contract agreement).

Thanks.

I'm pretty sure i opted out but i signed the contract (and dated) on the day i commenced work rather than the day i was introduced. Does this negate the opt-in/opt-out clause?

Either way, i don't really want to upset the agency who are known to be very good and would like to work through them in the future. Added to this, i was effectively pinched by my current agency from another one as the other agency had prepped me on an upcoming job but failed to mention the company name which kind of scuppered them a bit as they were then unable to put me forward.

I suppose i'm going to have to speak to the agent direct. Further info is that i will be ceasing to work for the current client for approx 8 weeks and will be returning to do a maternity cover rather than working on the project (which i worked on for 3 months rather than 1) so they have done pretty well out of me already - it was also my first assignement with them too.

[Not So Wise]

Before fussing if you can opt in after opting out you might want to check if you are really legally opted out anyway.

Vast majority of contractors who signed opt out papers are still really opted in because agency asked them to opt out after the introduction (interview), when it is too late to legally opt out.