Originally posted by Stolly
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Regulation 32 – Application of these regulations to work-seekers which are incorporated
The regulations automatically apply to work-seekers who are incorporated (i.e. limited company contractors). The regulations also apply to any person who is, or would be supplied by the incorporated work-seeker, to carry out the work.
However, the regulations provide that incorporated work-seekers, and those persons whose services they supply, can agree to opt out of the coverage of the regulations. In order to exercise the opt-out, both the incorporated work-seeker and the person(s) to be supplied to do the work (where appropriate), must give written notice to the agency or employment business that the regulations will not apply before they are introduced or supplied to the hirer.
Regulation 9 of the 2007 Regulations amends regulation 32(9) so that, where an incorporated work-seeker gives notice that the regulations shall not apply, the agency or employment business proposing to introduce or supply that work-seeker to a hirer, must inform that hirer that such an agreement exists and the regulations do not apply.
The regulations automatically apply to work-seekers who are incorporated (i.e. limited company contractors). The regulations also apply to any person who is, or would be supplied by the incorporated work-seeker, to carry out the work.
However, the regulations provide that incorporated work-seekers, and those persons whose services they supply, can agree to opt out of the coverage of the regulations. In order to exercise the opt-out, both the incorporated work-seeker and the person(s) to be supplied to do the work (where appropriate), must give written notice to the agency or employment business that the regulations will not apply before they are introduced or supplied to the hirer.
Regulation 9 of the 2007 Regulations amends regulation 32(9) so that, where an incorporated work-seeker gives notice that the regulations shall not apply, the agency or employment business proposing to introduce or supply that work-seeker to a hirer, must inform that hirer that such an agreement exists and the regulations do not apply.
HTH
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