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Immediate Termination from Client without serving Notice

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    #51
    Originally posted by muds View Post
    All i wanted to know was, can client do this and if i can do anything aginst it.
    Yes they can and No you can't. You signed a contract with a clause that said they could do this.
    Originally posted by muds
    Why is this thread turning out to be guess the emergency thread !!
    Because it puts some context to it. You saying to the client "I'm not coming in on thurs/friday, deal with it" Is not the same as "There's been a terrible accident and I need to take my kid to hospital"

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      #52
      Originally posted by Pondlife View Post
      You saying to the client "I'm not coming in on thurs/friday, deal with it" Is not the same as "There's been a terrible accident and I need to take my kid to hospital"
      Well, thats the lesson i've learnt that i should have presented my request in a much better way.

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        #53
        Originally posted by muds View Post
        Well this was my 4th week here and i never took a day off .....

        All i wanted to know was, can client do this and if i can do anything aginst it.

        Why is this thread turning out to be guess the emergency thread !!
        As explained long time ago - yes the client can do that. As for the rest we are just bored and your reluctance to share personal details in a public forum frustrates us and fuels the wild speculations. Plus i guess we want to know who is the bad guy in the story. The overconfident contractor used to think he is the boss, or the cold hearthed customer not capable of compassion.

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          #54
          "guess the emergency thread !!"

          You and your wife went out for a meal and drinks with friends and your daughter has gone missing?

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            #55
            Originally posted by muds View Post
            Well, thats the lesson i've learnt that i should have presented my request in a much better way.
            If you present it as a request when it isn't you are screwed if they say no.
            Originally posted by MaryPoppins
            I'd still not breastfeed a nazi
            Originally posted by vetran
            Urine is quite nourishing

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              #56
              Now, my question is, does the above clause covers the case where I have to take 2 days off from work ?
              I think, if I would have agreed to client and cancelled my leaves that would jeopardize my IR35 status.

              Can I now ask my agency to pay for the notice period or can I ask the client to give me the legit notice period of 4 weeks ?

              I am a little pissed off with what happened today because in all my previous contracts I have never been in a situation where any of my leaves were questioned, as being contractor I do expect to work as and when I want and I can.



              The 1st bit in bold implies that you could have worked but decided not to because of IR35
              The 2nd bit in bold is why you were binned IMHO.

              Comment


                #57
                Originally posted by sal View Post
                The overconfident contractor used to think he is the boss, or the cold hearthed customer not capable of compassion.
                This.

                Most of the regulars are currently very suspicious of your "emergency" the way you have presented it.

                Regarless, emergency or not, they STILL can let you go as described if a real emergency doesn't suit them.

                Harsh? Yep.

                Binning you when they say there are tight timescales and that is the reason they don't want you to take time off? Something a bit funny there if you ask me.

                Perfectly valid contractually? Well without seeing your contract, the only answer we can give is maybe, but given the type of contracts we commonly work under, it is probably perfectly valid.

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                  #58
                  A question to the rest. How did you manage to get rid of the 'Unsatisfactory performance of contractor' clause from your respective contracts?

                  If you haven't, aren't you in the same boat?

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                    #59
                    Originally posted by FatLazyContractor View Post
                    A question to the rest. How did you manage to get rid of the 'Unsatisfactory performance of contractor' clause from your respective contracts?

                    If you haven't, aren't you in the same boat?
                    Explain that it is meaningless because they can always just cancel the work and tell you to leave anyway - you get paid for what work you do, not what is in your notice period.

                    Have a zero days notice period from the client (or a short notice period) which means that they have no need to terminate for "unsatisfactory performance".

                    Quite often, it's not the case of having it removed, it's the case of understanding what you are accepting and whether you think that is a risk factor for you to consider or not.
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                      #60
                      ...

                      Originally posted by muds View Post
                      Well this was my 4th week here and i never took a day off .....

                      All i wanted to know was, can client do this and if i can do anything aginst it.

                      Why is this thread turning out to be guess the emergency thread !!
                      Because in your own desription of what happened, you sounded quite arrogant and unhelpful to your client. Sorry but that's the way you described it. If it was truly a medical or other very important emergency you would have included it in your OP and probably since. As you have chosen not to elaborate, people will make their own mind up. You should understand that many of us have seen lots of this stuff before and often, there is more to it than meets the eye.

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