Suggestions on how to tackle notice period...

[CCF]

Guys,

Would like some opinions/advice please.

Current contract, is that agency gives me 1 weeks notice, I have to give 4 weeks notice. I am coming up for contract renewal and wish to even up this clause, especially as others through the same agency on the same account have 4 weeks and 4 weeks.

Does anyone have any suggestions on the best way to tackle these type of conversations pls?

Thanks,

[Lance]

Why?
On what basis does this benefit you?
What if they say no? Then you have to leave or look like a prat.

Personally I’d rather have it the other way anyway with 1 week either way.

[TheFaQQer]

Does anyone have any suggestions on the best way to tackle these type of conversations pls?

How about "when the paperwork comes through, I'd like to even up the notice periods so that they are the same between the agency and my company?"

Not sure what you gain from it if they change to giving you 4 weeks, since there may well be other clauses that indicate that you don't get paid for any days you don't work.

[northernladuk]

I'm sure they will be more than happy to make it 4 weeks. They are well aware if there is no work to do you can't get a signed timesheet and so will not be paid as per the clause in your contract. Effective instant termination..

Just because you have 4 weeks notice from the agent do not expect to be paid for not working or to be given other work to see the notice out.

Edit : Assuming the no timesheet, no pay is in your contract.

[psychocandy]

OP - Good luck with that one. Sometimes its client that says this and won't budge on it.

Recent gig I had was one week for them and no notice possible for me. But they would change it.

[northernladyuk]

Guys,

Would like some opinions/advice please.

Current contract, is that agency gives me 1 weeks notice, I have to give 4 weeks notice. I am coming up for contract renewal and wish to even up this clause, especially as others through the same agency on the same account have 4 weeks and 4 weeks.

Does anyone have any suggestions on the best way to tackle these type of conversations pls?

Thanks,

If they have 4 weeks notice to you, they can give that notice and then advise that there is no work required during that period and you will get no payment, so there is no benefit to you. If you want to reduce the notice you give to 1 week, that will get alarm bells ringing.

[ladymuck]

Ditto the above. Extending the client/agency notice means nothing if they decide there's no work and your contract has no timesheet = no pay clauses.

You might be able to trim your notice to them down to two weeks; I've negotiated that in the past. An overly long notice period can curtail your ability to find another gig, if you're of the mindset that you can't leave a gig without having another lined up. Your client won't give a fig about that, neither will the agency.

Clients like to know that you won't just up sticks and leave them in the lurch, so they protect themselves with long notice periods but they also like to have the flexibility to get rid of you when they're done (best of both worlds, having and eating cake).

Look at it this way: it's a good IR35 indicator as no permie would be offered a 1 week notice period of termination. The four weeks to the the agency/client is an arguably for the client's commercial protection.

Thinking you have to have even notice periods is permie thinking. This is business.

[washed up contractor]

Guys,

Would like some opinions/advice please.

Current contract, is that agency gives me 1 weeks notice, I have to give 4 weeks notice. I am coming up for contract renewal and wish to even up this clause, especially as others through the same agency on the same account have 4 weeks and 4 weeks.

Does anyone have any suggestions on the best way to tackle these type of conversations pls?

Thanks,

You can ask for equal termination clauses but the client may refuse. Why? Because they want to be in the boss seat.

[base]

Notice without obligation to work

If they have 4 weeks notice to you, they can give that notice and then advise that there is no work required during that period and you will get no payment, so there is no benefit to you. If you want to reduce the notice you give to 1 week, that will get alarm bells ringing.

A question I have is if the contract does not specify an obligation to provide services (which is bad for MoO I suppose), then is there any substance in the notice period from the consulting company to the client/agency? Would it be perfectly acceptable to simply inform the agency that you will be unavailable for the next month?

What are the possible repercussions of this approach? Has anybody done something like this? I imagine it can put you at risk of your unpaid invoices not being paid/withheld, but if that did happen how difficult is it to get those invoices collected?

Much appreciate insight from the more seasoned amongst us.

[northernladuk]

A question I have is if the contract does not specify an obligation to provide services (which is bad for MoO I suppose), then is there any substance in the notice period from the consulting company to the client/agency? Would it be perfectly acceptable to simply inform the agency that you will be unavailable for the next month?

What are the possible repercussions of this approach? Has anybody done something like this? I imagine it can put you at risk of your unpaid invoices not being paid/withheld, but if that did happen how difficult is it to get those invoices collected?

Much appreciate insight from the more seasoned amongst us.

Whilst in contract you are obliged to carry out work offered as per the contract. Saying you are unavailable during notice is pretty thin and not going to be difficult to prove breach. You'll have a pretty crap time with a really angry agent and client, you could be sued for breach and not get any money that is currently owed to you.