Unequal termination clauses in contract

[sira]

Yes it is.

Because when you want to leave it's an exceptional circumstance. You need to leave so prep your handover so it's as smooth as possible, tell the agent (that's who your contract is with don't forget) you str invoking notice but need to leave earlier. They'll go beserk as it's their commission they'll lose and the client won't be happy. Speak to your client and say you need to be gone in X weeks and it's a pretty hard stop but you've got everything ready to hand over and won't inconvenience them, they will grumble a lot and say OK or negotiate a different time. If you make it clear you need to leave by X and probably won't be turning up after then they've no choice. They will want rid because you are no longer committed to their work so fast handover and out.

A large client might not but an agent that's lost their commission is likely to threaten it. You are in clear breach so don't have a let to stand on. If you dick them about there is no chance you'll see your last pay. They legally can't withold it as they should pay you and then sue you but they know you'd have go legal and would a contractor sue an agent for a few weeks unpaid work

Ah yes, good point about the agent and the client. Push comes to shove, I would hope any client would drop it from 4 to 2 weeks, which is more reasonable.

BTW there is a possibility it's long and uneven because they've had contractors giving notice too often before. If it keeps happening they'll go to no notice at all.

Barclays were used as a get by due to their derisory rates many years ago and got sick of people turning up until they got something better so put a no notice at all clause in. Contractors moaned but it was there because of other contractors.

The rates on this gig are derisory, thats why they've put in 4 weeks notice. I'm only taking it to add firepower to my CV in order to hop into a better gig. Evidently, they know that too. In my experience, large IB's have always paid the lowest in the market. I've had my highest rates at small-medium sized firms.

[northernladuk]

Isn't this where the Limited Liability of an LTD is useful? Cheap to spin up an LTD just for Barclays.

Now you are just being ridiculous.

[northernladuk]

Ah yes, good point about the agent and the client. Push comes to shove, I would hope any client would drop it from 4 to 2 weeks, which is more reasonable.

They may indeed but define reasonable You are a highly paid supplied delivering critical work. Nothing wrong with expecting a four week grace to make sure they can be replaced and deliver can continue unabated. Try being in a proper supplier agreement direct. It will be much longer with penalty clauses. You want it lower just so you can jump ship. That's hardly reasonable to them.

The rates on this gig are derisory, thats why they've put in 4 weeks notice. I'm only taking it to add firepower to my CV in order to hop into a better gig. Evidently, they know that too. In my experience, large IB's have always paid the lowest in the market. I've had my highest rates at small-medium sized firms.

I doubt it is. As I said four weeks isn't uncommon for the reasons mentioned above. If they were worried about it being derisory and people jumping ship they'll put zero notice in like Barclays did. Thinking like a proper business rather than a mercenary contractor will make some of the reasons things happen around you a bit clearer. The uneven rates, the fact that they'd negotiate, how stupid pulling sickies is etc. Smacks of permatractor thinking so far.

[clearedforlanding]

I pride myself in it.

[northernladuk]

I pride myself in it.

[psychocandy]

Guys dont be a pussy....

Its not unknown for clients to indicate NO notice period i.e. you can't give notice. Why bleat about it? Either take the gig or dont?

Personally, I dont see it makes much odds anyway. The old "theres no work" basically gives you zero rights anyway.

And "Sick Note". Are you having a laugh!!!!!!!

[LondonManc]

How much notice do they have to give me? The reality is none. I've had two contracts cut short and only one had/got to serve the notice period.

How much do I have to give them? This is what matters and is only relevant if the contract is turning to poop or you feel that the offer is derisory but the only one anywhere near the table. If you have to leave due to extenuating circumstances, then they will usually be reasonable about it. Or simply exercise your right of substitution if you have one.

[northernladuk]

And "Sick Note". Are you having a laugh!!!!!!!

Bit rich coming from the person that was usually the first person to trot this one out.

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

[biergarten]

a non-symmetrical notice period it is an indicator of client being a potential trouble-maker.

it is not a reason for saying no if you don't have something else. in the case that you take the role, and you're doing well and ok with the client, maybe you could mention that to him, that's not fair.

i don't think they're irrelevant, in my whole contracting life they were respected (both ways). it's a way of ending well the relationship

[malvolio]

a non-symmetrical notice period it is an indicator of client being a potential trouble-maker.

it is not a reason for saying no if you don't have something else. in the case that you take the role, and you're doing well and ok with the client, maybe you could mention that to him, that's not fair.

i don't think they're irrelevant, in my whole contracting life they were respected (both ways). it's a way of ending well the relationship

Nah. not at all. As long as your contract allows for the option of no work , no pay, then a notice period is immaterial. In nearly 30 years contracting I've never been offered one nor invoked one.