No notice period allowed contract

[adestor]

Just been handed a contract where in the section about the amount of notice that I can give the client it says "No notice may be given". But its 2 weeks notice on their side.

Is that legal ?

[s2budd]

If it's in the contract then that's what counts.
If they do not want any notice of you leaving and accepting another contract then you don't have to give any
It seems a strange way of doing business though. A bit unprofessional of the end client and or agency of you ask me.

[d000hg]

If it's in the contract then that's what counts.
If they do not want any notice of you leaving and accepting another contract then you don't have to give any
It seems a strange way of doing business though. A bit unprofessional of the end client and or agency of you ask me.

I think it means he's not allowed to give notice, not he can leave without giving notice. i.e. it's a fixed term contract he cannot leave if he accepts it.

[adestor]

I think it means he's not allowed to give notice, not he can leave without giving notice. i.e. it's a fixed term contract he cannot leave if he accepts it.

That's right. The only way I could leave is if the client breached the contract. Even on a fixed term contract surely there must be some notice period allowed on the side of the contractor ?

Maybe in these dark times I shouldn't complain - it's guaranteed work for 10 months.

[Liability]

I have had a fair few of these - the bottom line is is that under EU law this is actually not enforcable - I cant recollect the Law but this was what I was told by a Lawyer speclaising in Employment Law.

[VectraMan]

I went through this with mine. In the end I negotiated and they agreed to change it to let me give 4 weeks notice.

The agent admitted that their contract with the client allowed them to give 2 weeks notice, so in effect the client was no better off, the agent just didn't want those pesky and unreliable contractors letting them down. He also made a song and dance about having to go back to the client and renegotiate with them, which I'm sure was a complete lie.

It is legal, but of course they can't force you to physically work. But they can sue you for damages due to breach of contract if you don't.

[Turion]

It's unenforceable. Bluff the agent out. Just cross it out and replace with something more equal. In the end you don't need to try to hard to get canned from a contract you don't like and they cannot prevent an 'act of god' or a bad back from stopping you working there can they

[BolshieBastard]

Tis often quoted that no notice period for the contractor strengthens the not caught IR35 position.

[Platypus]

I think it means he's not allowed to give notice, not he can leave without giving notice. i.e. it's a fixed term contract he cannot leave if he accepts it.

Er, but I thought slavery had been abolished?

How can you FORCE somebody to work?

(genuine question)

[adestor]

Fair point BB.
As I'm going direct to the client with no agency involved it makes things a bit more difficult - if I'm not careful they'll tell me to feck off I'm sure.
Guess I'll have to see what B & C make of the IR35 situation.