A: There are many reasons to ask for an opt-out. Regulations restrict attempts to limit workers after the end of the contract, which means that the Agency is in danger of these individuals, their customers, working directly and cutting them up. In addition, the contractor must be paid as part of an opt-in, even if the client does not pay or sign a work time schedule. There is also an argument that if you do not refuse, it can cause problems with the IR35, because the regulations only apply to a worker who is under the “control” of the end user and by not disconnecting, the contractor essentially says that he is under control. Control is an employment indicator, a test based on an IR35 assessment. Nevertheless, my experience is based on the agency and, in some cases, a requirement that agencies can avoid the most problematic problems caused by the regulations. Read Part 2 of these FAQs for more details on opt-in/out and IR35. . – Ultimately, genuine contractors operating in their own legislation should treat all agency agreements and contracts as commercial transactions and ensure that they negotiate an agreement that is favourable to them. It is generally recommended that the abandonment of the rules of conduct be better off outside an IR35 position, as it removes aspects of your company`s financial protection (and therefore introduces financial risks – a positive IR35 indicator). It is also more consistent with how a true contractor should work, and also somewhat limited the level of control that the Agency can exert over your company`s action.
As a general rule, this opt-out form is attached or made available next to the contract with the recruitment agency. Although it is stipulated in the regulations that the opt-out cannot be indicated as a condition for a contractor when entering into a contract/agreement, a decision must be made before the contract is concluded to ensure that it is valid and that it can be maintained in the future. Regulation 10 limits the Agency`s ability to prevent a contractor from entering into direct service contracts with the end customer in the future. It is common practice for contracts to have a restrictive contract, which means that the contractor is not entitled to provide services to the client for up to 6 months, 12 months or more. However, the rules prevent the maximum period from expiring directly, which is more than 14 weeks after the first business day and eight weeks after the last business day. Regulation 17: These are the conditions that apply to what the Agency must agree with the client and when, which does not apply when the CSP is de-registered. One final point – the government can review these rules as part of the next consultation on agency law. For more information or advice, please call Theresa Mimnagh on 01273 236236. Regulation 19: This prevents an agency from introducing or providing a CSP without first obtaining the contractor`s will to assume the role, identity card, qualifications, experience, etc. If the CSP chooses not to do so, it may not know to whom it was introduced; and a client may not know if the CSP knows it has been introduced. When they become opt-in, contractors benefit from certain additional rights, such as the requirement for the Agency to make payments to the contractor, even if the client does not, and the removal of contractual restrictions which mean that the contractor cannot make direct arrangements for other services. Rule 6: This prevents an agency from imposing a post-contract fine after the termination of an assignment if the CSP cooperates directly with the client or through another agency.
Therefore, if the CSP is excluded, the Agency may dictate who it cannot work with for a certain period of time after a transfer and may impose a fine if the contractor does so. A contractor operating as a limited liability company who has decided not to apply the rules is not required to meet the procedural requirements of the Agency`s regulations. There will also be no procedural obligation for the recruitment agency to obtain certain customer information before interm