Opt In/Out - Agent. Help please. - Contractor UK Bulletin Board

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TheRefactornator replied

26 April 2008, 09:38
Originally posted by rephlex View Post

what is opt-in /opt-out?

sorry for the obvious question, but i'm just a newbie to the contracting game.

PCG info here:
http://www.pcg.org.uk/cms/index.php?...316&Itemid=423

DTI info here:
http://www.berr.gov.uk/employment/em...ies/index.html
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rephlex replied

24 April 2008, 07:19
what is opt-in /opt-out?

sorry for the obvious question, but i'm just a newbie to the contracting game.
Leave a comment:
TheRefactornator replied

22 April 2008, 21:17
It sounds like a slip up on the agencies part not following up and pressing for an opt out from your friend.

In my experience getting a contractor to sign a regs opt out form has been top priority with agencies I've had the displeasure of encountering. And it's usually veiled in some bologny like "you'll be demostrating independence" or "it goes towards proving your IR35 status".

I agree with thunderlizard in that to be opted in is not a bad thing, it's merely personal choice. The regs are intended to prevent bad practice..and to opt out usually means that an agency can attempt to enforce crappy clauses written into a contract e.g. exclusivity. However in practice it's debatable whether these types of clauses do legally stand up.

Good / bad whatever...it's just another one of those important decisions you need to make when you work for yourself
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thunderlizard replied

22 April 2008, 20:57
...and it isn't really bad at all.
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malvolio replied

22 April 2008, 15:30
If he hasn't explicitly opted out, then he's in and can't change it now. End of discussion.
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MaryPoppins started a topic Opt In/Out - Agent. Help please.

22 April 2008, 13:28
Opt In/Out - Agent. Help please.

Hi - my friend has just fwd me a very concerning email but I dont know what advise to give him. He starts a new contract in two weeks, in Turkey. I asked him whether they have asked him about opting in or out yet, and he said no. Since his contract is now signed (!) I said I think that means he is automatically opted in. He queried this with them and the response was:

"We prefer that all of our contractors ‘opt out’ – does this cause you any problems?"

How should he play this?! I am no expert but this is bad I suspect? I am concerned that he is going abroad and will have to claim back all his hotel/flight costs from an agency such as this.

Please advise, any thoughts welcome!!

Thanks
Lisa
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