Originally posted by SimonMac
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Woes Around Opt-Out and Payment
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Originally posted by Contreras View PostIt's a fair question.
But FTAOD it is a genuine and supportable offer, and has been made before.Blog? What blog...?Comment
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Maybe I'm being a bit thick, but isn't the point of the opt-out so that agencies don't have to pay you if you don't have a signed time sheet?
As I understand it, if the OP has a signed time sheet for the work period then the in/out status is irrelevant and the agency owes the money.
Certainly the contract I have at the moment has no 'if client no pay, we no pay you' clause. Maybe that's unusual though.
The only exception being expenses as the agency will not pay those until they've received payment.See You Next TuesdayComment
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Originally posted by Lance View PostMaybe I'm being a bit thick, but isn't the point of the opt-out so that agencies don't have to pay you if you don't have a signed time sheet?
As I understand it, if the OP has a signed time sheet for the work period then the in/out status is irrelevant and the agency owes the money.
Certainly the contract I have at the moment has no 'if client no pay, we no pay you' clause. Maybe that's unusual though.
The only exception being expenses as the agency will not pay those until they've received payment.
Agencies, being ever helpful and supportive, saw it as a way to de-risk their payment schedule, enforce long-running handcuff clauses to protect their income and minimise the effort they would need to find, vet and approve candidates by getting the contractors to put themselves outside the scope of the regulations and so not have to comply with its various demands. Hence the word "abuse".
The Opt Out has a real purpose, but it's nothing to do with agencies.Blog? What blog...?Comment
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Originally posted by Lance View PostMaybe I'm being a bit thick, but isn't the point of the opt-out so that agencies don't have to pay you if you don't have a signed time sheet?Comment
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Originally posted by missinggreenfields View PostThe main other benefit of remaining inside is that the timescale to change agency / bypass the agency completely is typically more generous than a contract would give you.See You Next TuesdayComment
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Originally posted by Lance View Postso am I right in saying that the OPs opt-in/out status is irrelevant to payment?
If opted out the clause saying that the agency only needs to pay him if the agency is paid would be valid.
If opted in that clause is invalid and the agency is obliged to pay for all signed timesheets.merely at clientco for the entertainmentComment
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Originally posted by eek View PostNo its highly relevant.
If opted out the clause saying that the agency only needs to pay him if the agency is paid would be valid.
If opted in that clause is invalid and the agency is obliged to pay for all signed timesheets.Blog? What blog...?Comment
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