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This notification is in relation to legislation under the Conduct of Employment Agencies and Employment
Businesses Regulations 2003 (the Conduct Regulations 2003) effective as of 6 April 2004 and 7 July 2004
for Regulation 32 (9), the opt out provision.
The Regulation applies to all temporary workers who are placed on temporary assignments from
COMMSRESOURCES Limited UK headquarters or any international branch office of COMMSRESOURCES Limited,
regardless of which country a Representative may be supplied to deliver the services or where the work may
be undertaken.
Under the regulations the term temporary worker now includes all contractors placed on temporary
assignments. This includes Limited (Registered) Company Contractors, contractors who work through
Management Agencies and contractors who are supplied through third-party associate suppliers. All of these
parties have traditionally worked on a service contract and business-to-business relationship where the
management of the temporary workers income is managed by the party engaged by, or engaging the
services of the Representative.
Under the recently amended Conduct Regulations 2003 you will now be bound by the regulation unless you
are payrolled on an employment contract or have chosen to Opt-Out of the Regulations.
Although government has made provision for Limited (Registered) Companies (including Management
Agencies and Third Party Associate Suppliers) and those temporary workers whose services they engage /
supply, to opt out of the Conduct Regulations 2003 it is also very clear that the choice to Opt-Out is the direct
responsibility of the Company and the Contractor, not COMMSRESOURCES.
By Opting Out of the Conduct Regulations 2003 you can continue to operate your business as it currently
stands.
Please therefore find the attached OPT OUT NOTIFICATION FORM which provides you with the opportunity
to opt out of the Conduct Regulations 2003 where both a Representative Company and the Representative
providing the services are required to return signed copies of the form.
You are also recommended to take legal advice.
Please give your earliest attention to the return of this form to:
Email: ComplianceDocs@commsresources.com
Fax:
+44(0) 20 8313 6601
Please also return confirmation if you choose not to Opt Out of the Conduct Regulations 2003 so that we can
arrange to contact you to discuss the changes required to your existing contract.
07 Apr 2014
PARTIES:
(1)
(2)
1. This Opt Out Notification is supplement to the agreement (the Agreement) currently in place between
COMMSRESOURCES Limited and the Company. The terms used in this notification shall have the same
meaning as those defined in the Agreement.
2. The Company and the Representative acknowledge that it is their intention that the provisions of the
Conduct of Employment Agencies & Employment Businesses Regulations 2003 (the Conduct
Regulations 2003) do not apply to the provision of Services or to any future provision Services
assignment agreed between the parties.
3. The Parties have freely entered into this Opt Out notification.
4. Further that the Representative is free to withdraw from this Opt Out notification at any time by giving not
less than one weeks written notice to COMMSRESOURCES. However, where notice is given during an
assignment it will not take effect until the Representative stops working in the position in question.
We the undersigned have read understand and agree to be bound by the terms of this Opt Out Agreement.
In particular, we understand that by signing this Opt Out Agreement we are agreeing that the provisions of the
Conduct Regulations 2003 shall not apply.
THE COMPANY:
REPRESENTATIVE:
REPRESENTATIVE:
TITLE:
TITLE:
SIGNED:
SIGNED:
DATED:
DATED: