Do I have to work my notice period as a contractor?

[SlipTheJab]

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I'm only just on page 2.

And we have a winner!

[psychocandy]

I'd agree, except...what's all this pulling a sickie nonsense? (Others have mentioned it as well tbf). Just invoke the MOO clause - client offered work, contractor didn't accept. From the OP's own contract: "and the Service Provider is not obliged to accept any work offered". Don't accept work offered. I wouldn't normally advocate this, but it's in the contract, client has binned OP, OP has completed his handover work, and OP has a new gig lined up. It's really that simple folks. 3 pages of comments on such an easy question? Pfffft.

IF the client understands MOO and how contracts work. A lot don't.

I had one client once who insisted I still had to give a months notice to not accept a renewal. i.e. they left it until the last day but I had to sign because I hadnt given them a months notice.

Sometimes easiest option to avoid arguing the toss about is to phone in sick.... Not ideal but in the real world.

[psychocandy]

I have to say pulling a sickie after having discussed leaving 'early' has to be a really stupid idea. If you're going to pull a sickie, which I wouldn't in this situation, then just pull a sickie.

There are better options already put forward, the main one being to talk to your client.

I did say last resort...

[psychocandy]

Figures seems that is a moronic thing to do. Typical permatractor thinking.

What difference do you really think it makes pulling a sickie? Do you think they are legally obliged to not question it or rate you as a unprofessional liar? You are the one that keeps papping on about business is business. Isn't that what this is? Not pulling stupid lies for no reason whatsoever.

It's funny but you try to defend yourself saying you've never said this before...

http://forums.contractoruk.com/busin...ml#post2237933

Yet if I search for the word sickie it's nearly always your post that comes up and following every one you've been laid in to for years, not just by me. Why not read the feedback and actually attempt to change the way you work or think?

http://forums.contractoruk.com/gener...bags-full.html

OK answer the question for me please mr NLUK...

Your in the same situation.

You're upfront with current client they say no way you're not leaving early.

So you go to new client and they say no way start then or its off.

So you tell new client about MOO and they say never heard of it not happening.

You're about to lose this new gig. What do you do next?

[SlipTheJab]

OK answer the question for me please mr NLUK...

Your in the same situation.

You're upfront with current client they say no way you're not leaving early.

So you go to new client and they say no way start then or its off.

So you tell new client about MOO and they say never heard of it not happening.

You're about to lose this new gig. What do you do next?

It doesn't really matter if the client understands it or not, your contract is with the agent, inform them you're invoking MOO and are off site if you need to push the Nuclear Option (obviously this is the last resort and only after the scenario you've listed above pans out that way).

[BrilloPad]

OP should throw a sickie.

[MrMarkyMark]

It doesn't really matter if the client understands it or not, your contract is with the agent, inform them you're invoking MOO and are off site if you need to push the Nuclear Option (obviously this is the last resort and only after the scenario you've listed above pans out that way).

Its strange in all the years I have been doing this I have never had a problem.

Usually if someone really wants YOU in particular they will wait, conversely ,when I have been hiring contractors I have waited up to 4 weeks for a particular individual.

[eek]

OK answer the question for me please mr NLUK...

Your in the same situation.

You're upfront with current client they say no way you're not leaving early.

Remember they have binned you off.

So once that response was made I would be handing back my laptop trying to get my timesheet signed and walking out the door.

The simple fact is that people are usually reasonable and should apply common sense. If they aren't you are best out the door asap and yes they may be problems down the line but in reality 99% of the time it will be all bluster and no action...

[Willapp]

It doesn't really matter if the client understands it or not, your contract is with the agent, inform them you're invoking MOO and are off site if you need to push the Nuclear Option (obviously this is the last resort and only after the scenario you've listed above pans out that way).

Is the MOO argument even that legitimate? We all assume it means that on any given day the client isn't obliged to offer work nor are we obliged to accept, but isn't it more likely that it actually applies to work outside your agreed schedule? i.e. client brings you in to work on project X, you accept it and are thus obliged to work on project X. They can't approach you to do any other tasks and you aren't obliged to accept if they do - isn't *that* what MOO is? Versus a permie who basically has to do whatever tasks are given to them.

I just don't think the first interpretation really makes much practical sense and I'd be interested to see if anyone has successfully cited MOO in the situation we all seem to assume it is appropriate (i.e. absolutely any).

[SlipTheJab]

Is the MOO argument even that legitimate? We all assume it means that on any given day the client isn't obliged to offer work nor are we obliged to accept, but isn't it more likely that it actually applies to work outside your agreed schedule? i.e. client brings you in to work on project X, you accept it and are thus obliged to work on project X. They can't approach you to do any other tasks and you aren't obliged to accept if they do - isn't *that* what MOO is? Versus a permie who basically has to do whatever tasks are given to them.

I just don't think the first interpretation really makes much practical sense and I'd be interested to see if anyone has successfully cited MOO in the situation we all seem to assume it is appropriate (i.e. absolutely any).

Yeah but as MMM says I've never seen this in all my years, most people are not dicks, if they've binned you cause of budget work etc they will probably let you go early, if not your new client will probably wait a bit, the chances of both the old and new clients being dicks are remote (Unless your name is 'Big Red Plymouth' or you have the same luck in life as he does )