Handcuff clause #2.. how long is too long?

**eek** · 9 March 2020, 20:15

Originally posted by cannon999 View Post

If the contract states quote `for the duration of this Agreement and for a period of twelve 12 months following the termination of the Assignment`, how does this work with multiple assignments (extensions) of the same contract? What if I am on the third assignment - do I have to wait for 12 months to expire after my last assignment? What does 'the' mean? It doesn't say the last one. Let's say a new contract isn't received upon each extensions, just a new assignment sheet. It seems excessively long. Does anybody know any good places where legal advice can be sought on this matter?

It's 12 months from the day you finish with the agency.

Is it too long? possibly yes, possibly not it depends....

**cannon999** · 9 March 2020, 20:18

Originally posted by eek View Post

It's 12 months from the day you finish with the agency.

Is it too long? possibly yes, possibly not it depends....

But that's not what the contract says. It says after the termination of the assignment. I assume that this applied to the assignment that was originally attached to the contract and doesn't apply to all the following assignments.

**ladymuck** · 9 March 2020, 20:36

Originally posted by cannon999 View Post

But that's not what the contract says. It says after the termination of the assignment. I assume that this applied to the assignment that was originally attached to the contract and doesn't apply to all the following assignments.

Usually termination is the same day as when you finish with the agency is it not? Or do you see it as termination - notice - payment - finish?

**cannon999** · 9 March 2020, 20:42

Originally posted by ladymuck View Post

Usually termination is the same day as when you finish with the agency is it not? Or do you see it as termination - notice - payment - finish?

I can't vouch for what usual/unusual is, but this is what the contract says:

For the duration of this Agreement and for a period of twelve 12 months following the termination of the Assignment that the Contractor and/or its Representatives, shall not:

It doesn't say following the termination of this agreement (contract). Yes I am trying to argue a technicality but isn't it valid if the contract is phrased this way?

**ladymuck** · 9 March 2020, 20:45

That's quite clear. It's 12 months from termination. What's the question again?

An extension is an extension to the current assignment so it's not been terminated until you are essentially told to stop turning up.

**cannon999** · 9 March 2020, 20:46

Originally posted by ladymuck View Post

That's quite clear. It's 12 months from termination. What's the question again?

Termination of the assignment. Which assignment? The first? The second? The third? The last?

**ladymuck** · 9 March 2020, 20:47

Originally posted by cannon999 View Post

Termination of the assignment. Which assignment? The first? The second? The third? The last?

I edited my reply

**cannon999** · 9 March 2020, 20:48

Originally posted by ladymuck View Post

An extension is an extension to the current assignment so it's not been terminated until you are essentially told to stop turning up.

That is not how this contract is layed out, the assignments are clearly separate.

**cannon999** · 9 March 2020, 20:49

Originally posted by ladymuck View Post

I edited my reply

"Assignment" means the period during which the Contractor is engaged in a temporary capacity by the Employment Business to render services to the Client;

“Assignment Schedule” means the document that specifies the services to be performed on an Assignment and any special conditions applying (i.e. rates, notice periods, expenses) which may be updated from time to timeand which should be read in conjunction with the main body of the Agreement/contract;

There are 3 distinct periods of time, so 3 assignments.

Handcuff clause #2.. how long is too long?