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Question on Contract Termination

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    #11
    Thanks for the responses.

    Looks like I may have been unclear in my original post, and so raised more questions than answers!

    To clarify:
    • I am working with the client via my Ltd company - not via an agency
    • The contract was refreshed (extended? - whatever word you prefer) 5 weeks ago
    • The contract states that 'either party may terminate with 60 days notice': I have been served notice


    Which takes me back to the original question: any insights available on precedents around whether this would be 60 calendar or worked days?

    Perhaps more of a question for a solicitor, but wondering if anyone can provide an informed view?

    Comment


      #12
      Originally posted by northernladuk View Post
      60 days notice period?? 2 months on a 6 month gig. You didn't think to negotiate this down?

      So have you been served notice or is it coming to a natural end with no notice required?
      Was my first ever contract: was desparate after being out of work for a while and if I recall happy at a longish termination (after experiencing a couple of redundancies on the trot!)

      We live and learn.

      Comment


        #13
        Originally posted by TestMangler View Post
        I get the impression that the gig is coming to an end but the OP is expecting to get paid for 60 days after that as notice of termination, but I may be wrong
        If you can suggest a way I can manage this then I'm all ears!

        Comment


          #14
          It's calendar days, and I doubt anything can be done about that.

          Comment


            #15
            Originally posted by Suhari View Post
            Thanks for the responses.

            Perhaps more of a question for a solicitor, but wondering if anyone can provide an informed view?
            Erm it's a question for your client surely??? Not hard to drop them a mail for clarification. Unless you would rather pay a solicitor to pick up the phone and ask them of course.

            Direct may explain the longer than normal notice.
            'CUK forum personality of 2011 - Winner - Yes really!!!!

            Comment


              #16
              Originally posted by Suhari View Post
              Thanks for the responses.

              Looks like I may have been unclear in my original post, and so raised more questions than answers!

              To clarify:
              • I am working with the client via my Ltd company - not via an agency
              • The contract was refreshed (extended? - whatever word you prefer) 5 weeks ago
              • The contract states that 'either party may terminate with 60 days notice': I have been served notice


              Which takes me back to the original question: any insights available on precedents around whether this would be 60 calendar or worked days?

              Perhaps more of a question for a solicitor, but wondering if anyone can provide an informed view?
              The client has given you 60 days notice that after the 60th day, they no longer want you on site and will not be using your services.

              It appears to me the client will pay you for each of the days you work from the day of serving notice to and including the 60th day. These will be the days you normally work and bill for whether they be Mon - Fri or any other days including Sat - Sun.

              If the client had no intention of paying you for these days, they would have walked you off site or told you not to come in the next day. In that case you probably wouldnt have got any more money despite the 60 days notice period.

              However, note the client could turnaround at any time in the 60 day period and say 'dont come in after today' and they dont need to pay up the remainder of the notice period ie no work, no payment.
              I couldn't give two fornicators! Yes, really!

              Comment


                #17
                Many thanks guys.

                On balance my approach is going to be to keep my head down, work out the 60 (calendar!) days and leave on great terms.

                Onwards to the next one!

                Comment


                  #18
                  Originally posted by Suhari View Post
                  Many thanks guys.

                  On balance my approach is going to be to keep my head down, work out the 60 (calendar!) days and leave on great terms.

                  Onwards to the next one!
                  Correct. Rocking the boat may lead to them deciding to pull the plug even sooner. You've got over 8 weeks to consider what you want to do next - I'd get my cv out there on Jan 4th because it'll be dead over Christmas. That said, if they mean 12 work weeks, you may want to clarify that on Jan 4th before you click the send button in case you've got a bit longer than expected. Either way, I'd personally crack on until the Christmas break then get my CV together.
                  The greatest trick the devil ever pulled was convincing the world that he didn't exist

                  Comment

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