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When is a 6 month contract not a 6 month contract

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    When is a 6 month contract not a 6 month contract

    Hi All,

    Over the last couple of years I've seen over and over again this theme appearing that 'you only get paid what you work' and that 'if you don't work you don't get paid'.

    What I haven't got my head around is if you sign a 6 month contract with a business, why many people on this forum believe that the business can simply ask you not to turn up for work and then not pay you.

    Actually, I think that that the business is committed to pay you for the term of the contract, as long as you make yourself available.

    What is the legal grounds for this? I've always though 'a contract is a contract, i.e. a legally binding agreement between 2 people'.

    Thanks in advance.
    Untouchable1

    #2
    Originally posted by Untouchable1 View Post
    Actually, I think that that the business is committed to pay you for the term of the contract, as long as you make yourself available.

    What is the legal grounds for this? I've always though 'a contract is a contract, i.e. a legally binding agreement between 2 people'.
    You tell me - you are the one making the assertion, so back it up with some legal cases to support it.
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      #3
      It's an interesting point and I'm of the belief that most companies secure a budget for six months of contractor rate and you work it. If a company has budget pulled mid-project, then there are bigger issues afoot and just get whatever timesheets signed that you can asap to get your money out of the place. Others are just prone to do what they want and treat contractors with the contempt they believe we deserve because we're earning more than the hiring manager ever could.
      The greatest trick the devil ever pulled was convincing the world that he didn't exist

      Comment


        #4
        Originally posted by TheFaQQer View Post
        You tell me - you are the one making the assertion, so back it up with some legal cases to support it.
        Unless there is a minimum engagement clause, they will struggle.
        The greatest trick the devil ever pulled was convincing the world that he didn't exist

        Comment


          #5
          Assuming the contract has a start and an end date, surely these would be the dates that the contracts effects?

          Comment


            #6
            Originally posted by Untouchable1 View Post
            Assuming the contract has a start and an end date, surely these would be the dates that the contracts effects?
            Yes.

            So what stops that taking effect?
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              #7
              Originally posted by TheFaQQer View Post
              Yes.

              So what stops that taking effect?
              Depends what's written in the contract.

              But my point is this: on this forum everyone seems to (inblanket fasion) suggest that contracts are not worth the paper with regards to end dates. For example:

              Originally posted by Cenobite View Post
              Someone's already said it better on this forum, but why should it be the contractor who is expected to take a lower rate when the contract is long? The agent benefits from a long contract too, so why can't they drop their commission?

              Also, I don't think contracts are even as good as their notice period: what with MOO and all that. To paraphrase someone from this forum again, contracting is like a middle-class zero hours contract.
              http://forums.contractoruk.com/busin...-me-pup-2.html

              So what's that all about?

              Comment


                #8
                Originally posted by Untouchable1 View Post
                Depends what's written in the contract.

                But my point is this: on this forum everyone seems to (inblanket fasion) suggest that contracts are not worth the paper with regards to end dates. For example:



                http://forums.contractoruk.com/busin...-me-pup-2.html

                So what's that all about?
                You need to stop thinking like an employee..

                Comment


                  #9
                  Originally posted by Untouchable1 View Post
                  Depends what's written in the contract.


                  Exactly that. If the contract is breached, then you sue for the remedies entitled to you, based on the contract. If the contract is not breached, then you can't sue.

                  Originally posted by Untouchable1 View Post
                  But my point is this: on this forum everyone seems to (inblanket fasion) suggest that contracts are not worth the paper with regards to end dates. For example:

                  http://forums.contractoruk.com/busin...-me-pup-2.html

                  So what's that all about?
                  Not everyone does.

                  There is a general assumption that agents include a clause which says that if you don't work, you don't get paid, or you need an approved timesheet in order to be paid. Following on from that, there is a general assumption that most people don't negotiate to remove those clauses. Finally there is a general assumption that most people don't have a clause in the contract which instead of having a paid notice period (bad idea) there is a penalty clause for early termination.
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                    #10
                    Originally posted by stek View Post
                    You need to stop thinking like an employee..
                    You need to stop thinking like a contractor.

                    I'm thinking like a business.

                    Comment

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