Cannot serve the full notice period

[SueEllen]

A smart contractor would give four weeks notice and then say that the resource is "sick" for 9 of the last 10 days and come in on the last day to hand over all equipment there by fulfilling the notice period

Not smart if you have to take the agency to court for your money.

People can and do settle right up to just before the judge rules. So you will need to provide evidence of the subcontractor's sickness.

[psychocandy]

You should have thrown a sickie.

BP has a point. Tell client 1 ok 4 weeks then. Work two weeks, phone in sick, go and work for client 2.

OK, Im joking. This is not clever but I bet its been done. Would avoid a bit of hassle ;-)

[psychocandy]

I agree with SE. Best not to speak to agent if you want to shorten any notice period. Speak nicely to the client.

Like someone else said, most clients dont want someone there who doesnt want to be there and will totally understand and not be a PITA about it.

I've only ever done it once. Gig was ending in 4 weeks anyway and I wanted to be gone in two for new gig. Spoke to client and explained - they were fine about it.

Of course, spoke to agent and they werent happy. Two weeks less cut for them. I advised them to speak to client who had agreed this and it all went away. :-)

Then again, its a bit off for new client to say two weeks or else as well. UNLESS of course, you've told them porkie pies about when you can start and are now letting them down.

In my experience, most want you to start asap but wont moan too much if it takes a week or two longer than they want.

[d000hg]

A substitution is never going to be a realistic proposition IMO but the contract might have MOO clauses saying he is not obligated to provide work. He can then give notice and say we won't be available after a certain date.

I only skimmed this, is the problem with the client or the agency or both?

[jbond007]

My notice period for current contract is of 4 weeks. I cleared a very good gig (close to home, high rate and long term) but they want to me to join in 2 weeks. I have made up my mind to join this new contract – that means will be serving half of the notice period. I tried to convince my current client and agent but they are not ready to negotiate on 4 weeks’ notice period. I tried to convince my future client and they are also very particular to join in 2 weeks (take it or leave it).

Now my query is:
- My agent said that as I am not serving the full notice period and so he will stop payment for this month (3 weeks). There is no such clause in contract paper. Can he legally do that ?
- If he does that what is the way I can extract my pay of 3 weeks. I will have the copy of time sheet that is fully approved.

Any suggestion or pointer will be very helpful – I’m just confused what to do

Are you saying the agent is going withhold 3 weeks pay + 2 weeks notice period ? Or is it 3 weeks total that you will be left with being unpaid ?

Since you've made up your mind to join the other client, you need to work on minimizing the damage:
- Expect to lose 3 weeks of revenue
- Expect to burn bridges with the agent and possibly the client (having said that, with time - it will be forgotten, people change roles/move on at agencies & at client co, especially if both of them are big companies)
- You say you've gotten a rate hike and it's closer to home, work out how many invoices & savings in travel costs will it take to make up the lost revenue from your current client
- While technically the agency can sue to recover costs, it isn't usually that straightforward and isn't a common occurrence. With big agencies, they will have legal departments and directors, your agent will have to take it up with them and they will decide whether it worth them proceeding. Usually, it is easier to find a replacement

You run a business and sometimes have to make difficult decision (which can be unprofessional at times too). It happens more often than you think.

[northernladuk]

A substitution is never going to be a realistic proposition IMO but the contract might have MOO clauses saying he is not obligated to provide work. He can then give notice and say we won't be available after a certain date.

I only skimmed this, is the problem with the client or the agency or both?

Both. He states neither are up for it.

[SlipTheJab]

At the end of the day you've got to look after numero uno, personally I would never bail early on a contract (even if it meant missing out on a 'better' gig) but that's just me and I'm not going to call anyone out for doing so, clients ***** us over all the time (termination with no notice, rate cuts mid contract) so what's good for the goose and all that...

[Unix]

Tell you current client you will do the 4 weeks, after 2 weeks call in sick but start new contract. I wouldn't do this too many times though, but they are being unreasonable and you have to look after your own business. I know NLUK will puke over this advice but clients and agents will screw you over and not give a second thought to your well being. Also after a few weeks it will all be forgotten about.

EDIT: Sorry didn't see psycho already gave this advice.

[northernladuk]

Tell you current client you will do the 4 weeks, after 2 weeks call in sick but start new contract. I wouldn't do this too many times though, but they are being unreasonable and you have to look after your own business. I know NLUK will puke over this advice but clients and agents will screw you over and not give a second thought to your well being. Also after a few weeks it will all be forgotten about.

EDIT: Sorry didn't see psycho already gave this advice.

Why are they being unreasonable holding you to notice you agreed in the contract? Why would they let a contractor go early when that will impact the project?

[Unix]

Why are they being unreasonable holding you to notice you agreed in the contract? Why would they let a contractor go early when that will impact the project?

You are taking their viewpoint entirely, what about if you miss out on a 12 months contract then are benched for 3 months just to help clientco out in a project that doesn't matter as much as your family and well being.