How do I ask for **Open book?** (Urgent Help Requested)

[RichardCranium]

I intrigued to know what to aim for. Would a 1 day notice on agency side, mean a contractor should ask for a 2 day notice period on the contractor side (keep it as close as possible but maintain a mismatch)?

Your feedback welcome.

Since you want a 3 month review, a 3 month notice period from you is ideal, surely?

But to be professional, they don't need to be giving you any notice.

[shanti]

Since you want a 3 month review, a 3 month notice period from you is ideal, surely?

But to be professional, they don't need to be giving you any notice.

Thanks RC.

The "length of the contract" can be 3 months, but agreeing to a 3 month "notice period" whilst they have 1 day - is selling myself out. If its an awful contract and something better comes along, would rather have the option of bailing with some notice within the first 3 months. I guess its just a question of working out an acceptable contractor notice period - I doubt the agent and Clientco will want to change their 1 day notice of termination.

[bassy]

honestly do you have zero concept of the word sarcasm. Currently I think that my pet hamster has more intelligence (and would probably make a better contractor)

[shanti]

honestly do you have zero concept of the word sarcasm. Currently I think that my pet hamster has more intelligence (and would probably make a better contractor)

Thanks Bassy. Just trying to keep it constructive. Am on the board, like others, to learn from the greater good. If you feel the approach can benefit from you 10 years+ experience, feel free to explain.

Its a gets a little brisk at this time of the year on the market for my work. A notice period which ties you in for 3 months on a contract that could be awful to do - is not the best option. Its sounds like walking is not an option - as it could be a breech of T&C's. Most of the contractor's terms are negotiable. knowing where to push to is the key, without p*ssing of Clientco and Agency.

[pmeswani]

Thanks Bassy. Just trying to keep it constructive. Am on the board, like others, to learn from the greater good. If you feel the approach can benefit from you 10 years+ experience, feel free to explain.

Its a gets a little brisk at this time of the year on the market for my work. A notice period which ties you in for 3 months on a contract that could be awful to do - is not the best option. Its sounds like walking is not an option - as it could be a breech of T&C's. Most of the contractor's terms are negotiable. knowing where to push to is the key, without p*ssing of Clientco and Agency.

Some people would be glad to have no notice period. It then shows commitment. To be honest, if this issue is still going on after a period of 4 or 5 days, then I am surprised the contract hasn't been withdrawn by the agency.

If you are not happy with the contract, walk away and let someone else have it. Don't spend too much time fighting over some stoopid point such as notice period. Either you want to work, or you don't.

[shanti]

Some people would be glad to have no notice period. It then shows commitment. To be honest, if this issue is still going on after a period of 4 or 5 days, then I am surprised the contract hasn't been withdrawn by the agency.

If you are not happy with the contract, walk away and let someone else have it. Don't spend too much time fighting over some stoopid point such as notice period. Either you want to work, or you don't.

A misunderstanding. The contractor is getting 1 day notice period for termination from agency - meaning you can get zipped with 1 days pay in hand. The contractor has 0 days notice period - meaning the contractor can't leave. Hardly the best terms are they?

You get sent naffy contract terms when you start this process - and its up to you to negotiate it out. Just walking way is not what the agency expect or want. If it gets to a point where you can't get amicable terms within a reasonable time frame, you then have to say thanks but no thanks.

I am just canvassing what seems reasonable in people's experience and what they would accept; their approach - against the background of the IR35 implications.

[malvolio]

What's reasonable, contractually, is that the hirer can dispense with your services if they are no longer needed (or not up to standard) whereas you are there to fulfil the piece of work you were hired to deliver.

Also, if you have a fixed notice period, the obvious implication is that you can still be getting paid when there is no work for you to do. Ever heard of MOO?

Basically while zero notice periods are not ideal, in business terms, the reality is that they are entirely supportable and justifiable. And consider - elsewhere in your contract will be a clause allowing instant termination without recompense if the hirer considers it appropriate. Notice periods are illusory and for permies only. Ignore them.

[pmeswani]

A misunderstanding. The contractor is getting 1 day notice period for termination from agency - meaning you can get zipped with 1 days pay in hand. The contractor has 0 days notice period - meaning the contractor can't leave. Hardly the best terms are they?

You get sent naffy contract terms when you start this process - and its up to you to negotiate it out. Just walking way is not what the agency expect or want. If it gets to a point where you can't get amicable terms within a reasonable time frame, you then have to say thanks but no thanks.

I am just canvassing what seems reasonable in people's experience and what they would accept; their approach - against the background of the IR35 implications.

No misunderstanding on my part. The client is not under any obligation to provide you with any work. For as long as there is work, the client will be happy to keep you on, unless you have p*ssed off the client or the agency... in which case they want to get rid of you quickly. If you are not happy with the work, find a way to wind the client or agency up and get your contract terminated by them. Use the frigging clause in your favour.

If there is no work available or the client is not happy, the client will call the agency up and ask them for a replacement....in which case... the 1 day clause is triggered. In the words of the Meerkat advert... simples.

If you piss off the agent, the agent will terminate your contract.

Would I be happy with a 1 day agency termination clause with no termination clause on my part, no... but guess what? work is work. I would take it with both hands and find a way of keeping the agency and the client happy, whilst brining in an income. If at the end of the contract I am not happy, I won't renew.

Calling you a muppet would be an understatement.

[shanti]

ta

No misunderstanding on my part. The client is not under any obligation to provide you with any work. For as long as there is work, the client will be happy to keep you on, unless you have p*ssed off the client or the agency... in which case they want to get rid of you quickly. If you are not happy with the work.

If there is no work available or the client is not happy, the client will call the agency up and ask them for a replacement....in which case... the 1 day clause is triggered. In the words of the Meerkat advert... simples.

If you piss off the agent, the agent will terminate your contract.

Would I be happy with a 1 day agency termination clause with no termination clause on my part, no... but guess what? work is work. I would take it with both hands and find a way of keeping the agency and the client happy, whilst brining in an income. If at the end of the contract I am not happy, I won't renew. Calling you a muppet would be an understatement.

Thanks for your response.

Your right, that's the deal with contracting - no obligation for getting work and thus can be zipped at anytime. But... if you go, you can get some notice period pay. Agency/clientco are obliged to pay off your notice period - even if your not on-site, hence still worth getting a notice period in contract.

find a way to wind the client or agency up and get your contract terminated by them. Use the frigging clause in your favour.

How would you do this if you accept 0 days notice (i.e. no notice period on behalf of the contractor)? Put something in, somewhere in the contract? Do crappy work? Make up some personal reason (family, health etc...)?

How do you wind up and bug out when you signed a contract which states you can't quit? (And without the agency withholding 4 weeks contract pay for breech - if your paid 4 weeks in arrears).

[pmeswani]

Thanks for your response.

Your right, that's the deal with contracting - no obligation for getting work and thus can be zipped at anytime. But... if you go, you can get some notice period pay. Agency/clientco are obliged to pay off your notice period - even if your not on-site, hence still worth getting a notice period in contract.

Really? Have you had that experience as a contractor? I guess I have been lucky not to have my contract terminated early, so I have never found out. Just remember, you are a contractor. If your contract has been terminated, don't expect them to pay you your notice period. You are not a permie.

How would you do this if you accept 0 days notice (i.e. no notice period on behalf of the contractor)? Put something in, somewhere in the contract? Do crappy work? Make up some personal reason (family, health etc...)?

How do you wind up and bug out when you signed a contract which states you can't quit? (And without the agency withholding 4 weeks contract pay for breech - if your paid 4 weeks in arrears).

I'll leave the winding up bit to your imagination. You've managed to wind me up quite easily, I'm sure you will succeed doing so with the agent.