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Question regarding FIXED TERM contract (NOTICE PERIOD)

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    #11
    Originally posted by Smashing View Post
    <snip/>
    she replies ""There isn’t a notice clause in the contract except in the case of breach of contract sby either party. It is fixed term"

    so im left wondering what this means?

    The exact wording on the contract is -
    "Duration:
    This Agreement runs from 1 July 2012 to 31 August 2012.
    "
    So you have a fixed date in which they want you to provide services for.

    Originally posted by Smashing View Post
    There is absolutely nowhere that says FIXED CONTRACT. and this is what i signed.

    they know im going to be out of a job, are they just trying to get the most money for themselves?
    Nope.

    As a contractor you provide temporary services as long as the client has money for them in their budget. If the client has had you on board for quite a number of years they may be looking to find a permanent person which is why they may have given you a shorter extension.


    You should be aware that English is a funny language so in trying to explain something to you in a simplified way someone will say something that is different to what is written down. This is why you must READ your contract before signing it.

    While you can verbally accept a contract there is no need to rush to fax it back. It's reasonable to take up to three days to check over a contract to ensure it hasn't changed.

    Also read my previous post again and get someone to explain it to you if you have difficultly understanding the concept of the difference between a business to business contract and an employee contract. Fixed term means different things in each case.

    Originally posted by Smashing View Post

    Scenario: the 2 month extention starts in July but say i find another job within the first 2 weeks or something. i want OUT.
    September is generally a better time to be available on the market than July and August, as these months tend to be quiet as lots of people are away on holiday. This year you have all the sport on so don't expect people to be planning new projects.
    "You’re just a bad memory who doesn’t know when to go away" JR

    Comment


      #12
      Yes, you guys are completely right. I should know what im signing in the first place.
      I just presumed the agency would be more understanding to my situation.


      Sue, many thanks ,i will look into all the different types of contracts etc

      Scenario 2: Although ive already signed the extension(july - aug), what would happen if i find another job BEFORE the start of july?
      Talk to the client ,explain the situation, and he cancels the contract with the agency?
      Or again, the agency will kick off as ive already signed it?


      Thanks for all your help guys.

      Comment


        #13
        Originally posted by Smashing View Post
        Yes, you guys are completely right. I should know what im signing in the first place.
        I just presumed the agency would be more understanding to my situation.
        As a contractor you need to learn the only one who will take care of you is yourself.

        The majority* of agents are just sales people with no understanding of the legal implications of the words they say or the written contracts they give out.

        Some of them write their own contracts or edit contracts, and put clauses in them that if you got your contract reviewed or looked at by a lawyer you would be told the clause is unreasonable and in a few cases unenforceable.

        Originally posted by Smashing View Post
        Sue, many thanks ,i will look into all the different types of contracts etc

        Scenario 2: Although ive already signed the extension(july - aug), what would happen if i find another job BEFORE the start of july?
        Talk to the client ,explain the situation, and he cancels the contract with the agency?
        Or again, the agency will kick off as ive already signed it?
        The agency will kick off and probably threaten you with legal action.

        The client may be p*ssed off as well as it's really short notice but that depends what work you are doing.

        As I've stated and someone else has, just get the client to agree to let you go when you have a new contract.

        Also don't rush into getting a new contract. I know quite a few contractors who have been given short contracts but have been extended again and again for months or even years. The reason companies give short contracts is that you are suppose to be a temporary resource.

        *majority != all
        "You’re just a bad memory who doesn’t know when to go away" JR

        Comment


          #14
          Originally posted by northernladuk View Post
          ...You cannot leave, notice period is not an option...
          Are you sure? I found this in www.gov.uk
          Fixed-term employment contracts
          ...
          Ending the contract early
          Employees must hand in their notice 1 week in advance if they’ve worked for an employer for a month or more. The contract may state that they need to give more notice.

          Comment


            #15
            Originally posted by tswetanm View Post
            Are you sure? I found this in www.gov.uk
            The post was accurate 2 years ago (note the date), but the latest version of the gov website is

            Last updated: 3 June 2014
            "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
            - Voltaire/Benjamin Franklin/Anne Frank...

            Comment


              #16
              Originally posted by tswetanm View Post
              Are you sure? I found this in www.gov.uk
              What are you up to?
              The material prosperity of a nation is not an abiding possession; the deeds of its people are.

              George Frederic Watts

              http://en.wikipedia.org/wiki/Postman's_Park

              Comment


                #17
                Take one/two weeks holiday (perfectly acceptable in July/August) to make sure you are paid up to date by agency, then don't bother going back. Then ignore calls from agency for the next 2 weeks. They'll soon give up.
                Blood in your poo

                Comment


                  #18
                  Originally posted by Sausage Surprise View Post
                  Take one/two weeks holiday (perfectly acceptable in July/August) to make sure you are paid up to date by agency, then don't bother going back. Then ignore calls from agency for the next 2 weeks. They'll soon give up.
                  Given that the thread is two years old, I suspect that they have resolved the situation.
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                  Comment

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