Originally posted by MonkeysUncle
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Agent is wrong (I really hope you get that) - either disingenuous, or downright lying. This clause protects the client (you can't leave) not you (they can stop providing work to you at any time).Last edited by Paralytic; 8 June 2023, 11:30. -
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The big mistake you are making here and in a comment below is you are taking the word of the agent. They'll spin you any old rubbish to suck you in so don't believe a word they say. An agent never did anything to suit you, it's always for themselves.Originally posted by MonkeysUncle View Post
As you point out, being stuck on a no notice contract is not protecting you at all. It's a pain in the arse because you can't leave when you want to so removing one of the benefits of contracting which is the flexibility.
Are you absolutely sure the client has to keep you for 6 months. It's a tad unusual for a client to commit and not normal in the the contract/supplier world.
What you need to check is to see if there is a don't get paid if you don't work clause. We work on Time and Materials. The contract is an overarching document covering the engagement but there are other clauses that handle activities within contract. Nearly every normal contract contains a clause saying that you will be paid upon receipt of signed timesheet. That means if you don't work a day, you don't get it signed and you don't get paid. This gives the client the ability to not offer you work and pay you for it. Furlough over xmas is an example of this but it also means then can pull the work and not pay you regardless of notice. Notice is to end the contract. You could potentially have 6 months left on the contract but if they don't give you work you don't earn a penny. Effective dismissal even though the contract can still be in place.
Check your contract carefully for other clauses detailing how, when and what you get paid for. I'd be surprised if it's not in there.
Remember also Client/Supplier contracts are unequal. If the project dries up they'll get rid of you and next to nothing you can do about it.
Refer to my first point. They will tell you anything to get you to sign.Agent said all the other contractors have signed this.
But you will be if you sign it as it is. That's life. Thankfully no notice contracts like this are pretty rare. I wonder if this client has been burnt by contractors jumping ship so they've removed the ability to do so. I know Barclays did exactly this. Most contractors have done a gig at Barclays but rate and work was so crap many just used it as a stop gap and left when they got something better so Barclays removed notice to stop it.I have gone back and said I don't know what's going to happen 5 months down the line. Circumstances may change and I have to give notice i dont want to be liable for this for a change outside of my control.
Which is why it strikes me as odd the asking you to sign as well. It should be agency-->brolly-->you. You should have no contractual relationship with the client so strange they are asking you to sign it. Their contract is with the Umbrella not you.The agency legal team has basically come back and said the umbrella is your employer, we have asked them to speak to you.
Which is understandable as they don't want to get in a situation where you breach the contract when they are legally obliged to pay you so protects them as much as you.Credit to my umbrella (the one often recommended on here) they are agreeing with me and have gone back and said it should say either immediate or a timeframe set.
Don't expect much back though. There are more than enough contractors around so no real benefit to them in changing it. Take it or leave it is usually the response.
'CUK forum personality of 2011 - Winner - Yes really!!!!
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I would never sign a contract without some level of notice period on the agreement. I prefer 0 day notice periods.Comment
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Unless you are fool or desperate. Don't sign it and ask for a resonable notice period to be put into the contract.Originally posted by MonkeysUncle View Post
If they won't do it then I would highly suggest letting this one go. Life is too short to be stuck in an awful contract with no escape (or least not an easy one).
I take with a pinch of salt other people telling me what is and isn't legally enforceable. In the end its me that has to defend / fight it and you shouldn't really sign anything you don't agree with or will stand by. Make your own judgement call.
In the end the client wants you so I would bet they will probably buckle in the end and stop being ridiculous. And if not, thats contracting. You don't have to do anything you don't want to do.Last edited by dx4100; 8 June 2023, 12:46.Comment
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Very much an exception not the rule....Originally posted by JustKeepSwimming View Postmerely at clientco for the entertainmentComment
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One shouldn't speak in absolutes!Originally posted by eek View Post
It's still not really true as a general rule. Whilst you can not be physically forced to work against your will, you absolutely can be punished for not doing so.Comment
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what are the penalties for not obeying in the army?Originally posted by JustKeepSwimming View Post
I don't think you are shot at dawn any more. Court martial and dishonourable discharge?
So like I say, they can't force you. But they can make it expensive and unpleasant, just like a client can do. So yeah, quite similar.
Anyway. You are
See You Next TuesdayComment
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That there ^^^^^^^ is absolute....Originally posted by JustKeepSwimming View PostSee You Next TuesdayComment
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