3 months into 6 month gig, no right to issue notice

[d000hg]

Good point. MOO doesn't mean you can at any moment say "f*** you, I'm off".

[tarbera]

Personal ?

Sit at your desk, look happy, smile and keep billing

Give us more details man !!!

[Batcher]

Personal ?

Sit at your desk, look happy, smile and keep billing

Give us more details man !!!

+1.

I would have a chat to the PM as suggested but normally the contractor will come out 2nd best against a permie if it can't be resolved.

I would hate to think the permie had put me on the bench when I could have put up with his tulip for another 3 billing months. Keep smiling and talk constantly about the three-month holiday you're having to the Bahamas at the end of your contract as that's bound to wind him up!!

[Willapp]

I would have a chat to the PM as suggested but normally the contractor will come out 2nd best against a permie if it can't be resolved.

Which is exactly what the OP wants - to get the client to terminate his contract so he can walk away. It may not be very professional but if invoking MOO doesn't work, there's always the turning up late and being rude to everyone avenue...

I'd also be interested to know what's so bad about this permie that you'd walk away from a contract but not sure we'll get to find out!

[Batcher]

Which is exactly what the OP wants - to get the client to terminate his contract so he can walk away. It may not be very professional but if invoking MOO doesn't work, there's always the turning up late and being rude to everyone avenue...

I'd also be interested to know what's so bad about this permie that you'd walk away from a contract but not sure we'll get to find out!

Yes, I realised that and also that he said he would rather be on the bench than continue with the contract but from my point of view that would be daft. It's only 3 months which isn't very long to put up with it and gives extra funds to the warchest.

I once left a permie job for another permie job purely because I couldn't get on with my manager. He left 2 months after me and I would have had a great chance of getting his job. I always said I wouldn't leave another job because I didn't get on with someone. I continued that into my contracting life which is easier to do as you never have too long to wait until the next renewal. Then if another 3 months are offered I think it's not too long to put up with tulip and keep it going

[Dactylion]

The allegorical story I always think of is:
Con: I would like to discuss a mutually acceptable early termination of the contract.

PM: You have no termination or notice clause in your contract (implied you HAVE to keep working)

Con: I understand that but due to <insert reason> I believe the only acceptable solution is a mutually acceptable termination of the contract

PM: You have no termination or notice clause in your contract (implied you HAVE to keep working)

Con: If I dropped my kecks right here and now and tuliped in your lap would you consider that grounds for termination?

PM: That's outrageous! I'd have you walked off site instantly!

Con: I believe you now agree we have a mutually acceptable solution - Can we discuss the finer detail to avoid you requiring a dry cleaning bill?

Obviously it's not true - but it does illustrate the point that agreement can be reached to terminate early.

[Bacchus]

Personal, irreconcilable differences with a key permie

(s)he dumped you? you shouldn't fraternise with the staff!!

I had a situation where a member of staff (business owner of a project) was driving me insane (on a professional level) and came close to quitting a gig (which had a five day either way notice period incidentally); I took a constructive sickie for a couple of days, got pissed with a mate, decided "**** you, this application will get finished" and generally got my head straight and manned the **** up. The application is still live, extensively used by the client, the gig was worth in excess of another hundred thou, and there is certainly potential for revisiting the application for a version 2 with a different business owner.

Step back and rationalise, is what I am saying.

[SueEllen]

Personal, irreconcilable differences with a key permie see me wanting out of my lengthy contract.

Is anyone else pissed off with this permie?

Generally if you think someone is a b*llend then there are a few other people who do as well.

One of the job of being a contractor is managing idiots like this.

[BolshieBastard]

Which is fine if you haven't already agreed to do the work. If they have offered work (eg. "manage the project for the next three months" and you have accepted it, if you turn round and say "I'm not doing it" you may well find yourself in a difficult situation legally.

Good point. MOO doesn't mean you can at any moment say "f*** you, I'm off".

Obviously Im not a lawyer but I cant stand this idea that's gained traction here recently.

MOO is not limited to the client. One or two people seem to be of the opinion its fine for the client to use MOO when they want to get rid of a contractor mid contract and not pay notice but is of limited use to the contractor.

MOO is effective for both parties for the duration of the contract. I have never found anything in any of my contracts that states, indicates or suggests I could only use MOO at renewal time.

If a client can use MOO at anytime during a contract, unless your contract says different, its my opinion you can as the contractor also use it at any time if \ when you want to get out of a contract.

That said, Im not aware of any contractor using MOO and until there's a test case, there is no definitive answer so, use it if you feel the need.

[TheFaQQer]

Obviously Im not a lawyer but I cant stand this idea that's gained traction here recently.

MOO is not limited to the client. One or two people seem to be of the opinion its fine for the client to use MOO when they want to get rid of a contractor mid contract and not pay notice but is of limited use to the contractor.

MOO is effective for both parties for the duration of the contract. I have never found anything in any of my contracts that states, indicates or suggests I could only use MOO at renewal time.

If a client can use MOO at anytime during a contract, unless your contract says different, its my opinion you can as the contractor also use it at any time if \ when you want to get out of a contract.

That said, Im not aware of any contractor using MOO and until there's a test case, there is no definitive answer so, use it if you feel the need.

I don't believe that a client usually uses an MoO clause - they normally have a clause which specifically says "no work, no pay" (separate from any MoO clause) or one which allows for immediate termination.

I believe that if you have accepted the work, then you have an obligation to do it. Having accepted the work, I don't think you can turn round and say "changed my mind, I'm not doing it and there's nothing you can do about it".

But since there is no test case, you could take the risk that you'll be OK and invoke the clause.