Termination period - Contract Clause

[thunderlizard]

Imagine a builder agreeing to complete an extension but wanting a mid contract "get out" clause?!

Or a Japanese software consultancy agreeing to complete a patient records system but wanting a mid contract "get out" clause?!

[DodgyAgent]

Do pimps get a good wedge from them

There was indeed a time when these Indian companies used to try and sell their services through agencies (some still do). Nowdays they are sophisticated enough to realise that essentially they are competing with contractors and that agencies really do not have a clue about what it is they do.

[cykophysh39]

Builders are more resoponsible and professional though not as well paid.
Fantastic for you guys you can wander into a gig earn a nice wedge, squeal about reciprocal rights and then clear off when it suits you without any repercussions whatsoever. Indian software houses just love you.

And we love them!

[Moscow Mule]

IANAL but my understanding is that you've got two mutually exclusive clauses - as in this case - then before a judge, both would be struck out. Which would leave no mention of notice, or lack thereof, in the contract at all.

It depends where they are. If the second clause is in the schedule, it would normally take precedence since there (should) will be a clause in the schedule saying "where two clauses contradict then the schedule takes precedence".

Obviously the reverse could be true, but I've never had it in one of my contracts.

[LazyFan]

It matters not.
As there is bound to be a clause which stats you cannot bill the client if your not on site doing work for that time.

Thus the client serves notices of say 4 weeks and also refuses to let you back on site. As a result your now locked to the client (cannot get another contract) and you cannot bill for those 4 weeks as your not on site.

Of course people will go and get another contract straight away and not wait the 4 weeks.

But the real point here, is that they can get rid of you at any time. Just like you can stop paying a builder half way through their job and they will leave your site.

The only advantage of a notice clause for you, is it allows you to get a new contract elsewhere, which is the real reason Agents hate them.