No notice Period???

[downsouth]

read a few threads here and still none the wiser on a contract with a 'No Notice period'

Agency is 'suggesting' this means I/they can terminate and leave immediately but contract makes no reference to this as i'm under the impression 'no notice' means cannot leave and i'm there for the duration of contract.

Would the inclusion of a notice period be better? as i certainly feel from a professional perspective notice is required

Thoughts/Guidance?

[ascender]

Was about to ask about this too as I saw it mentioned in another thread. Its a new one on me, but the contract I've just been sent for review also has the term "no notice" in it. I'm assuming it means that I am here for the duration unless circumstances arise where the client would like rid of me and then it would need to be worked out between us. Similarly, I'm assuming if I really wanted to leave, I'd have to work something out with my line manager at the client.

[thunderlizard]

read a few threads here and still none the wiser on a contract with a 'No Notice period'

Agency is 'suggesting' this means I/they can terminate and leave immediately but contract makes no reference to this as i'm under the impression 'no notice' means cannot leave and i'm there for the duration of contract.

Would the inclusion of a notice period be better? as i certainly feel from a professional perspective notice is required

Thoughts/Guidance?

If there's no notice clause, then it does mean you're there for the duration. If the agency really think it means you can leave immediately, then they won't object to you putting in an explicit clause of your own to that effect.

[Notascooby]

Hi,

I was one that asked. The no notice is also generally one sided. I.e. you have no right to give notice. In my case the client / agency could give 1 weeks notice.

So I know that if it gets enforced, I'll be extending in 3 month chunks from then on and adding a "premium" to the rate to reflect this lack of security.

There will be ways and means of getting out of the contract, I imagine folding you ltd company and starting another one for the new contract my be a get out, if a little OTT.

My issue was more with the 1 week notice, you could comeback from a week off to find that you've no role to go to.

[SueEllen]

Hi,
My issue was more with the 1 week notice, you could comeback from a week off to find that you've no role to go to.

If your contract has a clause in it saying the client doesn't have to provide your company with work and your company doesn't have to accept it then neither of them matter anyway. If it doesn't get your contract reviewed and bits redrafted so that is put in. Agents and companies have a habit of agreeing to changes if you pay for a lawyer to do them.

[MarillionFan]

Had one of these a while back. It means you can't leave.

The client then decided to terminate a week later stating that they 'didn't have to give notice'. You can imagine my reaction.

It's a stupid clause.

[downsouth]

the one i have here states that neither party, the client or LTD company can terminate despite it being an agency contract, all too weird for me

[VectraMan]

I had one where the client could give me two weeks notice, but I couldn't leave. I refused to agree, and told them I'd be prepared to accept it if I could give four weeks, which they accepted.

I think in this case the agency-client contract said 2 weeks, and another contractor at the same client told me he had a 2-week get out, but the reason they changed the terms for me is that they'd previously placed another contractor for the same role who'd signed and then just not turned up! Was it one of you?

If you're not clear on the terms, the time to get them cleared up is before you sign. You probably can get out, but what's most likely to happen if you walk is they'll use the lack of notice period as an excuse to not pay you any outstanding money.

[SueEllen]

I
If you're not clear on the terms, the time to get them cleared up is before you sign. You probably can get out, but what's most likely to happen if you walk is they'll TRY TO use the lack of notice period as an excuse to not pay you any outstanding money.

Correction.

They have to pay you if you are opted-in which most people.

[VectraMan]

Correction.

They have to pay you if you are opted-in which most people.

What do you do if they don't?