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Thread: Notice periods

  1. #11

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    Doesn't sound unusual to me. I expect the contracts has no MOO. Why don't people understand the contracts they sign?

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    Some contracts also have terms written in giving the client the right to terminate the contract for poor performance, gross misconduct, or any other "reasonable" cause. In effect, the notice period doesn't really mean much from their end, as it can be overridden if they really don't want you around. Hardly a bad thing if you're trading outside IR35.

  3. #13
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    Quote Originally Posted by NotAllThere View Post
    While you're at search the terms "mutuality of obligation" and "IR35".
    Which are in no way relevant to the question posted.

    Boo

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    Quote Originally Posted by Boo View Post
    Which are in no way relevant to the question posted.

    Boo
    Yes they are. A good IR35 contract should have a MOO clause which essentially states that the client doesn't have to offer work and the contractor doesn't have to accept offered work.

    It's relevant because it essentially renders notice periods irrelevant. You could have a 4 week notice period, and the client/agency provide you with your 4 weeks notice. Oh, and they also say we don't have any work for the next 4 weeks, so no need for you to come in.

    So for the OP, assuming he has a good IR35 contract (which is doubtful given his second post clearly shows he's not cut out to be a contractor), should have that clause in, which means that it's perfectly acceptable to say that he's not needed for the final week.

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    Depends on the contract but generally my understanding is the client isn't allowed to terminate the contract early.

    However they don't have to offer you work at any stage of it.

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    Quote Originally Posted by SussexSeagull View Post
    Depends on the contract but generally my understanding is the client isn't allowed to terminate the contract early.

    However they don't have to offer you work at any stage of it.
    Your understanding is wrong then. As you have pointed out it depends entirely on the contract.

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    Quote Originally Posted by TheDandy View Post
    Your understanding is wrong then. As you have pointed out it depends entirely on the contract.
    I am sure there are contracts that aren't like that. I wouldn't sign one though.

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    Quote Originally Posted by SussexSeagull View Post
    I am sure there are contracts that aren't like that. I wouldn't sign one though.
    The contract is whatever the two sides agree.

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    Default Notice periods

    If the contract has a good MOO clause in it you can walk away if the the client stops work as outlined in the schedule and expects you to work on something different.
    If the contract has no notice period inform the agent that you will no longer work/invoice on the contract and invite them to terminate.

    That does the trick. So if we can do that I would expect the agent to be able to do the same.

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