Move out of contract before contract term

[Johncontractor]

I am new to contracting, started out in Sep 2010, working through my own limited company. My first (and the only one) till date started in Sep 2010 through an agency initially for 3 months. It recently got extended in Dec 2010 for another 3 months until March 2011.

However I did not sign the contract the first time and neither did I the second time (when it was renewed). I want to move out of the current contract before march and move closer to London due to personal reasons. My current notice period is 4 weeks as per written contract (which I haven’t signed but have started working and obviously being paid for it)

I have already started looking out for new roles, got a few positive Reponses but no interviews scheduled yet.

What are my options if decide to move out before march: (Provided I get a new job)
1. My line manager does not agree to a shorter notice period
2. My Line manager agrees for a notice period less than 4 weeks but the agency does not? [have read posts in some cases, agencies scream because it’s a cut on their commission)
3. Neither my line manager nor my agency agrees
4. Any other way out which has been tried and tested which can be shared will be of great help

Advice from experts will be much appreciated. Thanks

[TykeMerc]

Since you've asked for opinions...

See your contract through to the end, unreliable contractors bailing out prior to the end of contracts just tars us all with the "unreliable" brush.

If you're dead set on proving that contractors can be unreliable.

1. Give the notice that's stated in your contract terms and conditions.
2. Be professional and make sure you hand over your responsibilities to your replacement as well as you possibly can.

As you can tell I've got quite a problem with contractors who bail on contracts, but that's my personal and professional moral position.

[SueEllen]

Johncontractor just for future reference if you don't sign a contract, start work and are paid then you are bound by the terms of the contract, as you by your actions you are deemed to be satisfied with it.

If the agency is one of those who happen not to send a signed copy of the contract back and they pay you once they are bound by it as by their action of paying you they are satisfied with it.

So the moral of the story is always sign your contract before starting work.

[Wanderer]

However I did not sign the contract the first time and neither did I the second time (when it was renewed).

I am not a lawyer, but my understanding is the same as what SueEllen said. If you are presented with a contract and you start work then you have accepted it even if it's not signed.

What are my options if decide to move out before march: (Provided I get a new job)
1. My line manager does not agree to a shorter notice period
2. My Line manager agrees for a notice period less than 4 weeks but the agency does not? [have read posts in some cases, agencies scream because it’s a cut on their commission)
3. Neither my line manager nor my agency agrees
4. Any other way out which has been tried and tested which can be shared will be of great help

Try not to bail out if you can avoid it. It's bad form.

1. You have to work the full notice period. If you don't then the client and/or agency may withhold payment to you and you would probably have to threaten or take legal action to recover your money.
2. Tell the agency there is no mutuality of obligation in the contract so if it's terminated then that's the end of it. The agency doesn't have any right to claim "damages" from you.
3. See 1.
4. There have been a few colourful suggestions on here. Probably the most tried and tested one is to negotiate an exit by mutual agreement. Making sure you have everything neatly ordered and ready to handover is a good start. Proposing that you recruit a substitute to replace you may work too.

If you are going to bail then make sure your timesheets are all signed and don't take any tulip from the agency refusing to pay you and keeping the money that the client has paid them for work done.

[northernladuk]

Ifyou have seen a contract and then started work you have accepted the contract by way of being there. Is it called implied agreement or something. Just because you didnt' sign doesn't mean you aren't bound. It will be complicated if something comes up that you have to refer to the contract and will cause arguments that a signed contract will avoid but still you are technically bound to the last one you saw.

[pastalista]

Don't do it

Ifyou have seen a contract and then started work you have accepted the contract by way of being there. Is it called implied agreement or something. Just because you didnt' sign doesn't mean you aren't bound. It will be complicated if something comes up that you have to refer to the contract and will cause arguments that a signed contract will avoid but still you are technically bound to the last one you saw.

I agree with the comment that you shouldn't do this kind of thing. It does give contractors a bad rep and this is something we can all do without.

Be honest with your client and tell them if you would like to discuss shortening notice periods. Most clients unthinkingly put a months notice clause in without really considering whether they need this much. If you need it reduced to 2 weeks then ask your client if you can discuss it with them.

Pastalista

[Johncontractor]

Thanks all for the comments and time, much appreciated.