Conduct of Employment Agencies Regulations 2003

OTC Computing Ltd operates both as an Employment Business (for the placement of temporary or contract personnel) and an Employment Agency (for the placement of staff in permanent positions directly with end Clients). In both instances we provide work seeking services to individuals whereby we try to identify suitable vacancies with our Clients that match the individual's particular skill-set, knowledge and experience. We do not charge you, the work seeker, a fee for our services in finding a suitable job, be that temporary (contract) or a permanent position. In The Conduct of Employment Agencies and Employment Businesses Regulations 2003 ("Agency Conduct Regulations") the DTI recently introduced new Agency Regulations which will apply to all Limited Company Contractors as from the 6th July 2004. Since the announcement of this, the industry trend in the IT sector (including the Professional Contractors Group which spent over 2 years campaigning for the right to opt out) appears to be that the majority of limited company contractors are electing to opt out of these Agency Regulations - an option that is in fact forms part of the new legislation.

For further information, please refer to the
DTI web site (external link), and for the DTI Guidance Notes click here  (external link, PDF).

Benefits of Opting Out

1. If you are a contractor, opting out of the Regulations will enhance the possibility that your contract will fall outside of the IR35 legislation.
2. Speed of service, as we will not need to process and validate your personal details prior to commencement of any assignment. If you remain opted in, we may not be able to present your details to our Clients as swiftly as contractors who have opted out. If you decide you wish to remain within the Regulations the information we require from you as a minimum before we are able to provide services to you is: -

a. Proof of your identity - for example a copy of your passport or valid driving licence with picture.
b. Proof of your legal entitlement to accept a job, if offered - for example a copy of an EU passport, or Non EU passport, together with any valid work permit or visa where appropriate.
c. Proof of technical or educational qualifications which confirm that your skills and experience match any technical requirements of your assignment.

How to Opt Out

If you wish to opt out of the regulations you will be given the opportunity to do so when we contact you about an Assignment. You do not need to opt in unless you have previously opted out: opting in is the default 'mode' of the Regulations. If you have previously opted out and wish to opt back in, please contact the Agent you have spoken with who will send you an email detailing the procedure.