Employment Businesses Regulations 2003

Conduct of Employment Agencies and Employment Businesses Regulations of 2003

STATEMENT OF GENERAL TERMS & CONDITIONS

The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the "Regulations") governs the conduct of the recruitment industry. As such it establishes a framework of minimum standards which work-seekers and hirers can expect. Accordingly, Optimal Option Ltd is required to have agreed terms in place with any person ("Work-seeker") who wishes to use Optimal Option Ltd to help find them either permanent or temporary/contract assignments. This document and the application form detail those terms and also include the mandatory information required by Optimal Option Ltd to register Work-seekers and enable it to provide Work-finding services. You should retain a copy of this document for your records.

General

1. Optimal Option Ltd will work as both an Employment Business (contract and temporary recruitment) and/or an Employment Agency (permanent recruitment), unless otherwise stated
2. It is agreed that Optimal Option Ltd will look for both permanent and/or contract/temporary positions of all levels/types within the relevant sector and with Optimal Option Ltd clients
3. Should an incorporated Work-seeker be offered a contract/temporary role then it will be under a contract "for" services with associated terms and conditions
4. Limited company contractors are not entitled to any paid period of absence
5. Should Optimal Option Ltd be successful in finding potential work for the Work-seeker, the Work-seeker agrees to give Optimal Option Ltd confirmation (and where necessary copies or evidence of) any training, qualifications or authorisation considered necessary by the Hirer, or required by law, to undertake said work and confirmation that they agree to undertake said work
6. The Work-seeker agrees to provide two recent professional references to Optimal Option Ltd, from persons not related to the Work-seeker, and agrees that Optimal Option Ltd may disclose or provide copies of these references to a 3rd party at any time
7. Where a contract is issued the Work-seeker agrees to provide Optimal Option Ltd with correctly authorised timesheets
8. Any variation to these terms must be agreed by all parties in writing before they take effect

Opting-in

1. Work-seekers who have not opted-out to the Regulations and any Work-seekers seeking permanent employment must agree to clauses 1-8 above and the following terms (2-8), before Optimal Option Ltd can offer them Work-finding services of any kind:
2. I agree that, where agreed, Optimal Option Ltd may act on my behalf and enter into agreements with potential clients or Hirers to facilitate work-finding services
3. Where a contract is issued, where necessary, Optimal Option Ltd will pay contractors/temporary workers on receipt of both a valid timesheet and invoice (where relevant) for the related period, regardless of receipt of payment from the end client or Hirer
4. Where statutory payments and leave entitlements are due (i.e. 24 days leave per annum, pro rata, under PAYE) these will be paid only after notification to Optimal Option Ltd and authorisation from the Client
5. Where a contract is issued, the reciprocal notice periods will be immediate where a breach or termination of client or Hirer contract occurs, and 4 weeks in all other instances except where a different period is agreed in writing
6. Optimal Option Ltd would expect to achieve the statutory minimum wage as the expected minimum rate of remuneration
7. Remuneration will be paid either; a) weekly b) fortnightly or c) monthly, dependent on the situation
8. Work-seekers also agree to present either copies of or originals of any of the following identification documents: passport, driving licence, birth certificate (or any other document which provides evidence of the work-seeker's identity)

Opting-out

1. Incorporated Work-seekers who wish to opt-out as per Regulation 32 (9) may do so, as long as they are eligible under the terms of the Regulations. If you wish to opt-out, none of the Regulations will apply however you must comply with the following clauses 2-5, as well as clauses 1-8 above:
2. Both the Limited Company and any individual contractors of that Limited Company agree to opt-out
3. You must disclose full details of your Limited Company (TBA is not acceptable), as all the information on the Certificate of Incorporation will be required (registered name, address etc)
4. You may not opt-out if you will be working with those under 18 or vulnerable as defined by the Regulations
5. You may not opt-out if you are to be engaged under PAYE terms

Glossary

• Employment Agency : An agency offering introductions for permanent recruitment
• Employment Business : An agency offering contract/temporary recruitment
• Hirer : The person to whom workers are supplied or introduced
• Work-finding services : Services provided by an agency in order to help work-seekers find work
• Work-seeker : Individuals looking for work (either contract/temporary or permanent), limited companies (including contractors) and composite and umbrella companies
• Related : The father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter, or; the brother, sister, uncle, aunt, niece or nephew (full or half blood or by affinity) of that person or of that person's spouse or former spouse, and includes, in relation to a person who is living with another person as husband and wife, any person who would fall within these categories if the parties were married to each other
• Opt-in : Work-seekers wishing to look for work within the Regulations
• Opt-out : Work-seekers wishing to look for work without the Regulations
• The Regulations : Conduct of Employment Agencies and Employment Businesses Regulations 2003 - © Crown Copyright 2003. The Regulations may be viewed in full at: here. A print version is also available and is published by The Stationery Office Limited as The Conduct of Employment Agencies and Employment Businesses Regulations 2003, ISBN 011048374X.