No notice option for contractor

[shedges76]

Currently looking at a contract where the client insists on them having a 7 day notice period (standard so far), but the contractor has no notice option, i.e. in their words the contractor "must complete duration of contract"

What are people's thoughts on that kind of clause? Presumably, if you want out, you just underperform until they give you your notice? ... not professional, I know, but neither is the no notice option, imo.

What are people's thoughts?

[WTFH]

What is the length of the contract?

That's a critical piece of information you've left off.

[shedges76]

What is the length of the contract?

That's a critical piece of information you've left off.

3-6 months. It's a BA role. I would be sub-contracted to the end client by an IT services provider.

[northernladuk]

Currently looking at a contract where the client insists on them having a 7 day notice period (standard so far), but the contractor has no notice option, i.e. in their words the contractor "must complete duration of contract"

What are people's thoughts on that kind of clause? Presumably, if you want out, you just underperform until they give you your notice? ... not professional, I know, but neither is the no notice option, imo.

What are people's thoughts?

Why? You have a piece of work you need doing and you don't want the supplier to walk off midway through. Would you engage a building company to build an extension and then give them the option to bugger off half way through? No you wouldn't.

More and more contracts don't have the ability to give notice. Barclays put this in many years ago after people were using them as a stop gap and leaving. That was their fault for dropping rates, walking contractors and generally poor handling of their contingent workforce but the response was a bit harsh.

The fact you want the option to bail mid contract could be exactly why they have this clause in. It's likely they've been burned too many times.

If I were you I'd suggest that you reduce that 7 days to 0 so they can terminate with no notice period. Good pointer for IR35. The 7 days is pointless anyway as they just withdraw the work and you don't get paid for 7 days which is exactly the same as instant termination. At least with 0 days you've a nice piece of IR35 defence

[GreenMirror]

Make sure you can break contract if you don't get paid on time.

[shedges76]

Why? You have a piece of work you need doing and you don't want the supplier to walk off midway through. Would you engage a building company to build an extension and then give them the option to bugger off half way through? No you wouldn't.

True - bad analogy, though ... currently having building work done and believe me, builder could walk off site whenever they want. Slow down, fill your site with people... whatever they want. I get your point though... fair enough.

The fact you want the option to bail mid contract could be exactly why they have this clause in. It's likely they've been burned too many times.

I'm not looking to bail, but having not seen it before, the danger that sprung to mind is they can treat you how they want with no recourse. What would be their comeback if you simply left one day and didn't come back? As you said, you can always end up at ........ Instant termination.

[northernladuk]

True - bad analogy, though ... currently having building work done and believe me, builder could walk off site whenever they want. Slow down, fill your site with people... whatever they want. I get your point though... fair enough.

True. The workmen's analogies never work but OK for a rough point I guess.

I'm not looking to bail, but having not seen it before, the danger that sprung to mind is they can treat you how they want with no recourse. What would be their comeback if you simply left one day and didn't come back? As you said, you can always end up at ........ Instant termination.

You'd not get paid a penny outstanding and would have breached contract so you'd be open to being sued for losses, which could be substantial. And you accuse them of being unprofessional!

[shedges76]

You'd not get paid a penny outstanding and would have breached contract so you'd be open to being sued for losses, which could be substantial. And you accuse them of being unprofessional!

So they can treat you how they want, and legally require you to finish the contract?

By the way... good points on Barclays and low rates. You psychic?

[northernladuk]

So they can treat you how they want, and legally require you to finish the contract?

Within reason yes, I guess they can. You are a temporary flexible resource. If you want to think your client is poised to screw you over then yes that could happen but it's a bit of cup half empty view. Every client could do it and it could be the same in permanent employment. Yes you have legal rights but it can still happen and be and uncomfortable situation.

I've had tough contracts where I've been made a scapegoat and worked in a no win situation for 6 months. Not comfortable but it paid and was only short term so saw it though. It's just a long distant memory now. Gotta take the rough with the smooth and thing of the longer picture.

By the way... good points on Barclays and low rates. You psychic?

No. I've worked there and got stung with a 10% cut and finished just before they walked all contractors. I've seen the gigs popping up there from time to time.

[washed up contractor]

Currently looking at a contract where the client insists on them having a 7 day notice period (standard so far), but the contractor has no notice option, i.e. in their words the contractor "must complete duration of contract"

What are people's thoughts on that kind of clause? Presumably, if you want out, you just underperform until they give you your notice? ... not professional, I know, but neither is the no notice option, imo.

What are people's thoughts?

It's a common clause. if you dont like it, get your contract reviewer to negotiate it out but heed their advice first. If the agent \ client will not remove the clause you either sign it if you want the work or walk away.

If for some reason during the contract, you cannot complete it, you approach the agent and client and tell them why. You dont pull sickies or underpreform to get yourself terminated.

Be aware the agent may include a clause in the contract that if you do not complete it, they may levy a 'fee' of a couple of hundred quid. Again, if you dont like it, dont sign the contract.