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 ?
Is that legal ?
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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.Originally posted by s2budd View PostIf 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.Originally posted by MaryPoppinsOriginally posted by vetranComment
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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 ?Originally posted by d000hg View Post
Maybe in these dark times I shouldn't complain - it's guaranteed work for 10 months.Comment
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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.Comment
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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.Will work inside IR35. Or for food.Comment
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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
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Tis often quoted that no notice period for the contractor strengthens the not caught IR35 position.I couldn't give two fornicators! Yes, really!
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Er, but I thought slavery had been abolished?Originally posted by d000hg View Post
How can you FORCE somebody to work?
(genuine question)Comment
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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.Comment
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