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  1. #1

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    Default Expired Contract Rules?

    My current contract is due to expire next week. I contract directly with my client and am on a 3 month rolling contract cycle. I have a “few irons in the fire” so to speak, but none will be confirmed for at least 2 weeks. I do want out, as the project has turned into a political nightmare and is highly unenjoyable.

    The problem with my current contract is that I’m on a 4 week notice period. That being said, my current client can be very slow to renew, i.e. they will send an email out saying “You’re contract has been renewed” several days after the previous has expired, and that’s it. In the past I’ve had to demand a new contract to sign covering the new dates. Other contractors working at the client, have been working for years without having signed anything more than their initial 3 month contract.

    That being said, I’m certain that my contract will be renewed next week. If I continue to work, and don’t ask for, hence don't receive/sign a new contract am I still required to give 4 weeks notice if I were to get a new offer to go elsewhere in the next few weeks, or could I lessen my notice period since I haven’t actually signed a new contract?

  2. #2

    King of updation

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    You will need to define what you mean by a 'rolling' contract first.

    I assume you mean you do three months on a contract, then another three months on a new contract and so on.

    Normally, a notice period applies during the period of the contract. When your contract ends you are free to do whatever you like.

    Feel free to leave when in ends if you don't want to renew. Beware of 'going back' for a couple of weeks or working on without a contract. That is a recipe for being humped (financially).

  3. #3

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    Default

    By rolling contract I mean that every 3 months the contract expires, and then they renew. The client does not give out contracts longer than 3 months, regardless of the legnth of the project.

    My question is: When the client renews next week, unless prompted, they will not provide me with a new contract to sign. If I were to just continue working, for several weeks into the new contract period, without signing the new contract, would I still have to give the stated notice period on the contract, being that I haven't signed it?

    Of the 10 contractors that I work would say 7 of them never sign a new contract, but just continue to work and get paid. I think it's a foolish way to work, however in this instance would it be possible to use it to my advantage to shorten my notice period.

    The possibility of a new contract won't arise until the new contract period will have started. Most new contract won't wait for me if I have a 4 week notice period. That's the problem.

    thanks

  4. #4

    Contractor Among Contractors

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    Default

    That clears things up then, once the current cotract date is passed, you have no oligations to the client and they have no obligations to you. You can walk away instantly, unless you have indicated you wish to renew.


    A 'rolling' contract is a bit more complicated, where there is often an end date on the contract however there wil be a clause that states something like "this contract will automatically renew for another 3 months once the end date is reached, and continue to renew every 3 months, unless either party gives <some time> notice before the end of a 3 month period"
    Still Invoicing

  5. #5

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    Default

    Quote Originally Posted by marc9477 View Post
    My question is: When the client renews next week, unless prompted, they will not provide me with a new contract to sign. If I were to just continue working, for several weeks into the new contract period, without signing the new contract, would I still have to give the stated notice period on the contract, being that I haven't signed it?
    You are trying to have your cake and eat it.

    I presume you are working in England and Wales? If so then if you start working under the unsigned contract it can be argued by the fact that you are providing services you agree with the terms of the contract.

    Therefore if you hate it that much you need to leave as soon as your current contract expires.

    If not, then you have to give the 4 weeks notice.

  6. #6

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    Default

    I agree with SueEllen. If you have a written contract which ends on a particular date then you can simply decline the (possibly last minute) offer of a contract extension and leave on that date.

    However, if you continue to work after that date then in my understanding, you have tacitly agreed to what the client has offered (a 3 month extension) so you would have to work out the 3 months or give 4 weeks notice.

    Good manners means that you would give the client proper notice if you can, regardless of how much of a PITA they are to work for.

  7. #7

    King of updation

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    Quote Originally Posted by blacjac View Post


    A 'rolling' contract is a bit more complicated, where there is often an end date on the contract however there wil be a clause that states something like "this contract will automatically renew for another 3 months once the end date is reached, and continue to renew every 3 months, unless either party gives <some time> notice before the end of a 3 month period"
    I had a 'rolling' contract back in the early nineties where, every day, you had three months to go Yeah, I know, a bit strange but there ya go. If either party wanted to terminate, you informed the other party in writing and the contract ended three months from that date. ******' wierd.

    Quite common in football management apparently, but the only time I've ever heard of it in the IT industry.

  8. #8

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    Quote Originally Posted by TestMangler View Post
    I had a 'rolling' contract back in the early nineties where, every day, you had three months to go Yeah, I know, a bit strange but there ya go. If either party wanted to terminate, you informed the other party in writing and the contract ended three months from that date.
    I had one of those, a "1 month rolling contract". Contract had no end date, it would be terminated with 1 month's notice from either side.

  9. #9

    More fingers than teeth

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    Quote Originally Posted by marc9477 View Post
    My question is: When the client renews next week, unless prompted, they will not provide me with a new contract to sign. If I were to just continue working, for several weeks into the new contract period, without signing the new contract, would I still have to give the stated notice period on the contract, being that I haven't signed it?
    By turning up you have affectively accepted the terms of the previous contract and are still bound to them. After all you expect the client to pay as he has in the past so it isn't unreasonable for him to expect the same from you.

    Now if it all goes pete tong on either side with no contract then it can get very ugly but effectively you are contracted in just by being there.

    There is a term for this acceptance by turning up but I am too stupid to remember what it is.
    'CUK forum personality of 2011' - Winner

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  10. #10

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    Quote Originally Posted by northernladuk View Post
    By turning up you have affectively accepted the terms of the previous contract and are still bound to them. After all you expect the client to pay as he has in the past so it isn't unreasonable for him to expect the same from you.

    Now if it all goes pete tong on either side with no contract then it can get very ugly but effectively you are contracted in just by being there.

    There is a term for this acceptance by turning up but I am too stupid to remember what it is.
    Yep, agree with NLUK, this is how I understand it.

    You have an out if you want it, you can walk away when your contract ends - and this is regardless of when they send you the renewal email, before or after the end date.

    But if you work the first day of the extension, you are deemed to have accepted it.

    I guess you can weigh what is likely to happen if you stop turning up during your contract, whether it's during the current one, or just after the new extension starts.

    It sound like just want to get around the 4 week notice period to me.

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