I used to go by what an agency suggested (90% of contractors opt out). After visiting this forum I understood the benefits of opt in. For my last contract I insisted that I wanted to opt in, but agency told me they would not release my contract unless I sign opt out. All the conversations on this happened over phone. Asked them for an email mentioning why they think I should opt out, which I never got. I did not want to lose the contract so I had to opt out.
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Do you Opt Out?
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Originally posted by raphal View PostI used to go by what an agency suggested (90% of contractors opt out). After visiting this forum I understood the benefits of opt in. For my last contract I insisted that I wanted to opt in, but agency told me they would not release my contract unless I sign opt out. All the conversations on this happened over phone. Asked them for an email mentioning why they think I should opt out, which I never got. I did not want to lose the contract so I had to opt out.
1) don't worry I have copious notes from these phone calls so won't have any problem documenting your by-passing of the law in my complaint.
or 2) sign the contract and send a second email revoking the opt out as soon as they confirm return the fully signed contract...merely at clientco for the entertainmentComment
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Originally posted by TykeMerc View PostI never volunteer to, but when it's clear that it's an "opt out or don't actually get submitted" I do.
Yes the agents aren't allowed to, but let's face it not only do we lack a way to enforce the rules, but they can easily claim that there were better candidates so it's a total farce.
If only the stupid opt out hadn't been negotiated in the first place we wouldn't have been saddled with this particular mess for years.
I wonder which organisation was responsible for having the opt out put in to the legislation?Blog? What blog...?Comment
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I am really shocked at the number of people who casually buckle and sign the opt out!! All they are doing is adding to the pimps statistics that claim 'most contractors opt out' and therefore so should you!
It is the principle of protecting the rights for all thats most important not spinelessly caving in when the pimp says jump.Comment
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Originally posted by Bones View PostI am really shocked at the number of people who casually buckle and sign the opt out!! All they are doing is adding to the pimps statistics that claim 'most contractors opt out' and therefore so should you!
It is the principle of protecting the rights for all thats most important not spinelessly caving in when the pimp says jump.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by malvolio View Postit was (and is) for valid commercial reasons for contractors who use subbies or their own staff.
Is there any official guidance on that (other than hearsay)?
I had hoped to read something about it in PCG's guide to the agency regs.. If the opt-out exists specifically "for contractors who use subbies or their own staff" then one could presume that the disadvantages of opting out in such circumstances would be discussed there.Comment
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Originally posted by malvolio View PostWe all know that, but it was (and is) for valid commercial reasons for contractors who use subbies or their own staff. It's the agencies that have perverted it and BIS that refuse to enforce the law.
None of the above in Malvolio's statement is true! I am interested Mal, are you on the CC or are you just a misinformed member?
If anyone who is a PCG member wants to know why what Mal is saying is Bull go take a look at PCG forums during this week. There's not much activity there so the discussion should be easy to find.Last edited by tractor; 6 July 2014, 07:06.Comment
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Originally posted by northernladuk View PostI think you are wrong. All the people that have responded are experienced contractors and have made a decision based on a good understanding of the situation. They are not being spineless and caving. If you want a group of people to pick on go for the contractors that don't engage in this forum, don't have a clue about IR35 and probably don't even know what opt out means.
It's a shame you cannot have a poll without discussion because I really only wanted the numbers, not the reasoning. I would not presume to advise anyone on their business model if their mind was already made up.Comment
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Originally posted by Contreras View PostIs that really the reason why the PCG gave us the opt-out?
Is there any official guidance on that (other than hearsay)?
I had hoped to read something about it in PCG's guide to the agency regs.. If the opt-out exists specifically "for contractors who use subbies or their own staff" then one could presume that the disadvantages of opting out in such circumstances would be discussed there.Comment
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Originally posted by tractor View PostYou really do need to stop making these random statements! The conduct Regs are completely silent on the matter of subsitution.
None of the above in Malvolio's statement is true! I am interested Mal, are you on the CC or are you just a misinformed member?
If anyone who is a PCG member wants to know why what Mal is saying is Bull go take a look at PCG forums during this week. There's not much activity there so the discussion should be easy to find.
As I said, it is the agencies that are misusing it, nobody else.Blog? What blog...?Comment
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