Contractor v Client Notice Periods

[mdw]

I've been contracting overseas a number of years until recently returning to the UK. I've just done a couple of contracts here, but still coming up to speed on some of the rule changes, IR35, etc. and current status quo here.

I just got new contract through, its only 3m, and has the agency/client can give my Ltd company 1 weeks notice, yet the company has to give it 4 weeks.

In the past, overseas and here, I always have negotiated/demanded it be equal, usually ending up as 2 weeks each way. But searching on here it seems contractors are saying thats not a good idea? Is that right?

I don't care if it gives out the 'jumping ship' signal discussed on other threads (btw I've never done that), if the client wants the flexibility to give 1 weeks notice whats wrong with the contractor having the same option? The contractor could be useless, or the client might have mislead what the work is (has happened to me before). And I wouldn't be doing 'substitution' before that gets suggested. I would have thought the company stipulating its notice period would be good re IR35?

The last contract I just finished had a 'can be terminated at any time without reason' clause, so the agency/client notice period was redundant anyway.

cheers

[northernladuk]

Notice periods are for permies.

But if you want to push it...

Check the search method as detailed in the FAQ section. Unequal notice has been done to death.

Also search google. There are some good articles on contractorcalculator and cuk about it.

Next......

[psychocandy]

My contract is 1 week for client, no notice possible for me. 3m at a time.

Not ideal but client absolutely will not budge on this. Fair play - you take it or leave it. 3 months not a problem for me.

Did have an interview for a gig once where it was same thing but 12 months. Tad too long I thought. Realise after a month its not for you and you're stuck for 11 months..... (whereas 2 more months just suck it up).

[LondonManc]

Notice periods are for permies.

But if you want to push it...

Check the search method as detailed in the FAQ section. Unequal notice has been done to death.

Also search google. There are some good articles on contractorcalculator and cuk about it.

Next......

Do tell then, how do you get out of a contract early?

[northernladuk]

Do tell then, how do you get out of a contract early?

You negotiate or substitute.

[SlipTheJab]

Do tell then, how do you get out of a contract early?

<NLUK>You don't! Man up and finish what you committed to, in fact you're not cut out for this game, go back to being permie and leave contracting to proper contractors like wot I am</NLUK> HTH

[psychocandy]

<NLUK>You don't! Man up and finish what you committed to, in fact you're not cut out for this game, go back to being permie and leave contracting to proper contractors like wot I am</NLUK> HTH

Nothing wrong with sub though if its in the contract surely?

Now don't get me wrong I don't agree with this "seeing it through to the end" and never giving notice. IF notice is in there then its fair game. If client doesn't want you to ever give notice then negotiate thus in the contract.

Works same way for contractor. If you don't like the not having a notice clause then don't sign the contract. Simples.

Neither party can bleat about it later IF they agreed at the beginning IMHO.

Saying that though, NLUK is right. If you really want to leave, it is worth talking to the client. Depends on your reason for leaving I guess.

If you had a perfectly valid personal reason then I'd have hoped most clients wouldn't force the issue. If you wanted to leave to go somewhere else then maybe not so.

Personally, though, if I needed to leave due to a personal reason, and failure to do so would be detrimental to my family or whatever then I'd probably bail even if client moaned. Sure its happened to some - family illness or other life changing event.

[northernladuk]

My contract is 1 week for client, no notice possible for me. 3m at a time.

Not ideal but client absolutely will not budge on this. Fair play - you take it or leave it. 3 months not a problem for me.

Did have an interview for a gig once where it was same thing but 12 months. Tad too long I thought. Realise after a month its not for you and you're stuck for 11 months..... (whereas 2 more months just suck it up).

You could create a sockie and whine about it if you want....

[SlipTheJab]

You could create a sockie and whine about it if you want....

Another one?

[mdw]

It does happen.

I've been hired to do ".Net development" and a few weeks after starting discover it is really mainly production support on old versions with very little development (and yes I explicitly asked at the interview and it was kept from me), and then asked to make changes to MS Access spaghetti apps that should have been thrown out 10 years ago.

Last contract I was on one dev only took the role as the client said he would learn AngularJS only to discover after he started they're not even using it.

Another dev started and did nothing but testing for months as the testers were behind.

When positions are misrepresented (among other reasons) a contractor needs a reasonable notice period.