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EAA regulations
Under the EAA regulations, Orion
Electrotech is required to ask you
to provide proof of identification with a copy of a
relevant form of identification. We may also ask for
copies of any training information or qualifications
that are mandatory for specific clients or
positions.
In addition to providing you with factual and
detailed information about a vacancy and a
client, Orion Electrotech undertakes to pass onto
you any Health & Safety documentation provided to us
by the client.
Please note that if you are intending to work on a
temporary or contract basis, under the REC
guidelines, we are required to ask you for two
references or two referees that we can contact on
your behalf. This information may then be passed on
to a future possible employer, once you have given
your permission. If you are a Limited Company
contractor, the EAA regulations allow for you to
'opt-out'. Whilst the regulations have been
conceived to ensure greater legislative protection
for candidates, there may be issues which conflict
with the spirit of the IR35 rules. The ability for
you to opt-out, gives you the choice to remain
contracting in the same way as prior to the EAA
regulations. If you wish to do this, you will need
to opt out before your contract starts and you
should do this by providing us with a completed
form. However, it should be noted that you will
still need to send us details confirming proof of
Identification and your eligibility to work in the
UK.
Summary of Work-Seekers Rights
Some of the rights applying to candidates contained
within the Conduct of Employment Agencies and
Employment Businesses Regulations 2003 are:
1.
It is unlawful for any agency to charge candidates a
fee for providing work finding services but it is
possible for a recruiter to charge a fee if the
candidate is a self-employed work-seeker providing
services through a limited company.
2.
An agency must confirm on what basis they are to
offer work finding services and the terms, which
apply between themselves and the candidate.
3.
If you carry out work on an assignment as a
temporary worker, you are entitled to be paid for
the hours you worked by the employment business,
even if you cannot get your timesheet signed. The
employment business is however permitted to delay
payment to check whether you have worked the hours
claimed.
4.
Before you commence an assignment through the agency
you must be given information about the proposed
position including:
o
The identity of the hirer
o
A start date
o
The likely duration of the work
o
The type of work
o
The experience, training and qualifications required
for the role
o
The location
o
The anticipated Hours
o
Any risks to health and safety and steps the hirer
has taken to prevent or control such risks
o
The rate of remuneration to be paid
o
Any business expenses that apply
Opting Out for Limited Companies
If you are trading as a Limited Company and decide
to "opt out" of the EAA regulations, this could
benefit your personal circumstances in the following
ways:
1.
IR35 - It is often the case that contractors do "opt
out" of the regulations - a major factor relates to
the possible enhancement of the contract falling
outside of the IR35 legislation.
2.
IR35 Insurance - Limited Company contractors who
have not opted out of the EAA regulations should
check with their insurance companies, who are
providing IR35 cover, that it still applies. It is
possible that some insurers may refuse to provide
cover, believing that the Inland Revenue may view
the EAA regulations as imposing a degree of control
over contractors, which suggests an
employer-employee relationship.
3.
Potential Costs - those using Umbrella Companies
should check that they will not be charged by the
Umbrella Company if they have not opted out. Orion
Electrotech has no control over Umbrella Companies
imposing such a charge on you, should they so wish.
For more information about Limited company
contractors opting out of the regulations,
please contact us.
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