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Thread: Contract workers - I need your help!

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    Jay
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    Contract workers - I need your help!

    I have a form here that I need to decide on, its labeled "Conduct of Employment Agencies and Employment Businesses Regulations 2003"

    It is an opt out form and after reading and reading I can't for the life of me work out exactly what its all about. Does anyone here have a basic working knowledge of what this is about and if so what did you decide and why?

    Thanks
    □ΞVΞ□

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    Re: Contract workers - I need your help!

    This seems to offer some clearer guidance - all in all, it's probably something that you need to talk to a solicitor or seek specialist advice on before signing.

    (\___/) (\___/) (\___/) (\___/) (\___/) (\___/) (\___/)
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    This is bunny and friends. He is fed up waiting for everyone to help him out, and decided to help himself instead!

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    Re: Contract workers - I need your help!

    I think is the key piece from Lucio's link:

    Q: Are there any problems that might confront the contractor subsequent to opting in or opting out?

    A: If the opt out is provided after “introduction or supply” [of the work-seeker] it is not valid. It will only apply in respect of subsequent (new) contracts. In my experience, few agencies arrange for an opt-out to be signed before an introduction to the client - so many opt outs are worthless and the Regulations apply. Often however this is a problem for the agency and of benefit to the contractor.
    I've always opt'ed out and in over 9 years have never had a problem. If you're working with smaller clients then it may pose a larger risk to yourself (for lack of payment) but larger organisations are arguably minimal risk. I've seen banks pay contractors out even when they don't need to just to avoid any headaches.

    Then there's are the scenarios when the agency won't offer you the contract without opting out.

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    Re: Contract workers - I need your help!

    Don't opt out. The salient points are if you're opted in:

    1) The agency have to pay you if you work regardless of if they are paid by the end client
    2) The restriction on trade is decreased/removed

    More info here:

    http://forums.contractoruk.com/busin...ml#post1332395

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    Re: Contract workers - I need your help!

    Quote Originally Posted by Bugbait View Post
    Then there's are the scenarios when the agency won't offer you the contract without opting out.
    Only illegally though.... You can't make opting out a condition of working. In any case, opting out (even in writing) is only valid if you've done that before you've been 'introduced' to the end client. Introduction is a bit of a loose term, but certainly if you've already had an interview (and even potentially if you've only been told who they are) you're opted in by default.

    Agencies generally have no idea about all this and will spout all sorts of rubbish to try and get you to opt in as it reduces their risk.

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    Re: Contract workers - I need your help!

    Quote Originally Posted by b0redom View Post
    Only illegally though.... You can't make opting out a condition of working. In any case, opting out (even in writing) is only valid if you've done that before you've been 'introduced' to the end client. Introduction is a bit of a loose term, but certainly if you've already had an interview (and even potentially if you've only been told who they are) you're opted in by default.

    Agencies generally have no idea about all this and will spout all sorts of rubbish to try and get you to opt in as it reduces their risk.
    While I totally agree on a legal front how does this work in practice? If the agency is "forced" to proceed then there are many ways they can effectively end the contract early. This may not make the client happy though.

    I don't recall an agent ever asking me to sign an opt-out prior to interviewing with a potential client. I guess I'm not too concerned either way since I tend to work for banks who have their own policies where they sometimes boot the agent out after a fixed period (e.g. 12 months) and you end with a new agreement directly with a company that handles all temporary workers and contractors. I "should" care but with weekly invoicing and payment if I choose to use it at worst I'm only ever a week out of pocket if it all gets nasty.

    This brings to mind termination clauses. You see one pop up every few months on ContractorUK where someone wants to know their rights for "early termination". Regardless of legalities most veterans on the site will recommend you suck it up and move on assuming you have been paid for the work completed to date.

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    Re: Contract workers - I need your help!

    In most cases, the agency will capitulate as they just want the money, and very few understand the rules anyway. I'm pretty pragmatic anyway, and will sign if pushed safe in the knowledge they won't apply anyway. I've only ever had one agency who asked me to sign the opt out agreement before being introduced to the client.

    <pedant> You don't work for banks, you work for your Ltd/Umbrella which has a commercial agreement with an agent, who in turn has a commercial agreement with a bank </pedant>

    If there's any interest I can write a quick sticky about contracting/IR35 etc.

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    Re: Contract workers - I need your help!

    Quote Originally Posted by b0redom View Post
    <pedant> You don't work for banks, you work for your Ltd/Umbrella which has a commercial agreement with an agent, who in turn has a commercial agreement with a bank </pedant>
    /nod /nod

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