• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

Notice period for early termination: "14 days"

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    #21
    Originally posted by Earl Purple View Post
    There were far greater things in this "contract" that raise IR35 issues. Some clauses in the contract are clearly there to try to avoid IR35.

    Then there are clauses like 10.1 that states:

    "This agreement shall commence on the Commencement Date as set out in the Assignment Specification and shall continue until the anticipated end date as set out in the Assignment Specification, or until completion of the Services to the reasonable satisfaction of the Client at which time this Agreement shall expire automatically unless previously terminated by <Agency name> or the Contractor giving the other party the period of notice specified in the Assignment Specification"

    Essentially saying, if I work faster and meet my deadlines earlier, the contract automatically terminates earlier. In that case though, I would expect a rate set in advance for the work done, and then paid for the completion of the task on delivery. Someone here please tell me where I can find contracts like that. And where I can sub-hire whoever I like to help me get it done quicker.
    While you may expect that what you would get is paid your day rate until you finished the specified task and no more.

    However the clients I've finished a task early for have ended up offering me an extension with a change of task details to do different work.

    I know some clients do not do this.

    Edited to say:
    The clause in the contract is to explain clearly to some dumbass contractors that their work is task/project specific.
    Last edited by SueEllen; 14 June 2013, 11:01.
    "You’re just a bad memory who doesn’t know when to go away" JR

    Comment


      #22
      In the contract it says "notice period". You could interpret it as a clause for withdrawing the work, but not really because my contract is only with the agency, who have agreed to pay me for a certain period of time as long as I show up for work. Whether the client has any is irrelevant. Of course "showing up" can just mean being able and willing to work for this particular client and not necessarily having to travel to any particular location.

      The client has an agreement with the agency that they may give notice to terminate the contract if they do not have work for me. They can either give notice at a point of time up to 2 weeks in advance of when they would like the contract to end. Or if they do not want me to come to work, they must compensate the agency.

      Obviously there are precedents for early termination of contract, but I wanted to know of precedents where:
      - The contractor was told not to turn up and
      - There was a given notice period and
      - The notice period given was stated in days and
      - The agreement was a daily rate.

      Thus exactly the same case as mine.

      Comment

      Working...
      X