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Contract Termination

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    #11
    Originally posted by northernladuk View Post
    It's advice you are looking for and you didn't read or understood what I put.

    Your contract will state no pay without a signed timesheet. You have no time sheet, you don't get paid. It's written in your contract. You don't need anyone legal to break that down for you.

    This question is asked endlessly on here and it's always the same answers.....
    You cannot know that. It may or may not.

    in my experience contract will say "no payment tor work without timesheet".

    The question is whether that precludes payment for a notice period one is not allowed to work. This is a very different thing.

    There are a number of people (self included) who have done other than simply roll over and have persued their contractual rights. In my case I did it under the generic Alexander Mann contract.

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      #12
      Your notice begins when the contracting party informed you. Your payment terms are affected when the terms of your contract are determined. Most likely no signed time sheet, from the last signed one, no money...
      I was an IPSE Consultative Council Member, until the BoD abolished it. I am not an IPSE Member, since they have no longer have any relevance to me, as an IT Contractor. Read my lips...I recommend QDOS for ALL your Insurance requirements (Contact me for a referral code).

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        #13
        Originally posted by Smokey01 View Post
        When does the notice period legally begin?

        What am I legally entitled to re pay?

        My contract states 1 weeks notice, so beginning when as I haven't been formally advised yet.

        Thanks.
        Read your contract and look for all the termination clauses in it not just the one you like.

        Now did you breach any of those clauses?
        If you did then you don't get paid notice and are lucky they haven't come after you for a refund of the money they have already paid your company.

        If there is a clause stating they will terminate immediately if the project gets dropped then you won't necessarily get notice.

        The only way to find out is to talk to the client manager. If the client manager refuses to engage with you then you get paid sod all and there is no point chasing it further.
        Last edited by SueEllen; 28 February 2016, 19:20.
        "You’re just a bad memory who doesn’t know when to go away" JR

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          #14
          Originally posted by ASB View Post
          You cannot know that. It may or may not.

          in my experience contract will say "no payment tor work without timesheet".

          The question is whether that precludes payment for a notice period one is not allowed to work. This is a very different thing.

          There are a number of people (self included) who have done other than simply roll over and have persued their contractual rights. In my case I did it under the generic Alexander Mann contract.
          I am with AMS and have a generic AMS contract.

          Did you need to pursue via MCOL/courts, or did they simply agree and pay PILON?

          I am curious as I am owed over 1 months salary as it stands

          Comment


            #15
            Originally posted by Smokey01 View Post
            Surely the contract is legally binding, in which case the notice period stands?

            Otherwise what is the point in the contract?

            What I am seeking is legal advise rather than opinions.

            Thanks.
            Then I suggest that ask in a solicitor's forum, opinions are all you'll get here.
            "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
            - Voltaire/Benjamin Franklin/Anne Frank...

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              #16
              Another case where a contractor has done the right thing. Behaved morally. But will probably have to go through a huge fight to get what is in their contract. And that fight will. E costly.

              Prof yet again that contractors should look after number one.

              I wish the OP luck in picking up a new gig.

              Comment


                #17
                Originally posted by BrilloPad View Post
                Another case where a contractor has done the right thing. Behaved morally. But will probably have to go through a huge fight to get what is in their contract. And that fight will. E costly.

                Prof yet again that contractors should look after number one.

                I wish the OP luck in picking up a new gig.
                Thank you.

                Comment


                  #18
                  Originally posted by Smokey01 View Post
                  I am curious as I am owed over 1 months salary as it stands
                  You don't get paid a salary.

                  If you are going to fight the contractual terms at least understand the basics before you try. If they get a sniff you don't know what you are doing you won't have a chance.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

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                    #19
                    Originally posted by cojak View Post
                    Then I suggest that ask in a solicitor's forum, opinions are all you'll get here.
                    And opinions are all you are going to get there even if one of them reads your entire contract.

                    If you want a definitive answer you need to go to court.
                    "You’re just a bad memory who doesn’t know when to go away" JR

                    Comment


                      #20
                      Just to clarify where do we stand if we are unable to complete/sign a final time sheet? Bad form from the client and would assume this would be enforceable through the courts, just a lot of hassle.

                      To OP you'll unlikely get any money for work not done.

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