I have received a formal contract from the agency now and have been reviewing it (I haven't signed it yet), I will submit it to QDOS tomorrow, but so far I noticed that the agency has been deliberately trying to confuse me between opting-out of the Working Time Directive & The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
The formal contract I have received has both:
(1) Opt-out clause for "The Conduct of Employment Agencies and Employment Businesses Regulations 2003"
It reads something like this - The Contractor(Ltd Co) and the Consultant(me) have given notice to opt out from The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
(2) Opt-out clause for Working time directive
The agency have attached a disclaimer to sign to opt-out of the Working time directive. This disclaimer has to signed between Myself and My Limited Company. I do not see a reason why they would force me to opt-out of the Working time directive.
Another line reads - It is a requirement of the Client that the Consultant signs a Working Time Directive opt-out disclaimer.
Is this not an IR35 warning flag - the client company asking me to opt-out of Working Time Directive.
Also, is AWR the same thing as (1) or (2) above?
Should, I say no to the above.
The agency may accept my arguments and may remove these clauses from the contract, on the other hand they may find "another suitable candidate". No idea what should I do in the latter case - just walk out or accept.
Also, I feel that the Agency has been confusing me between Working Time Directive & Conduct of Employment Agencies Act.
The formal contract I have received has both:
(1) Opt-out clause for "The Conduct of Employment Agencies and Employment Businesses Regulations 2003"
It reads something like this - The Contractor(Ltd Co) and the Consultant(me) have given notice to opt out from The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
(2) Opt-out clause for Working time directive
The agency have attached a disclaimer to sign to opt-out of the Working time directive. This disclaimer has to signed between Myself and My Limited Company. I do not see a reason why they would force me to opt-out of the Working time directive.
Another line reads - It is a requirement of the Client that the Consultant signs a Working Time Directive opt-out disclaimer.
Is this not an IR35 warning flag - the client company asking me to opt-out of Working Time Directive.
Also, is AWR the same thing as (1) or (2) above?
Should, I say no to the above.
The agency may accept my arguments and may remove these clauses from the contract, on the other hand they may find "another suitable candidate". No idea what should I do in the latter case - just walk out or accept.
Also, I feel that the Agency has been confusing me between Working Time Directive & Conduct of Employment Agencies Act.
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