Leaving gig without notice

[LisaContractorUmbrella]

Does your contract have a MOO? If yes, then you are not obliged to accept any work from the client. You can serve the notice of termination of the contract, and pretty much leave the next day. Regarding the client not signing your timesheets, are you through an agency? Did you sign the opt out? If you are opt in, then you should be able to invoice the agency irrespective of the timesheet being signed by the client.
Having said that, it is not good to walk away from a contract midway, and as previously said, this is quite a small world, and the words go through and you might find it difficult down the line. The best thing is negotiate an early exit with the client. Tell them why you want to leave early, and what you are trying to do to help them. They would appreciate your efforts and you will have some good reputation, which might help you in your career.

Mutuality of Obligation is irrelevant in this case; whatever your employment status within the contract it is still just that and it is legally binding

[psychocandy]

Most hirers are wise to this....... I would stiplulate the handover must be completed within the notice period. And it would need to be to our satisfaction. If not, then I would regard it as a breach.

If your off sick, then your prolonging the agony of completing.

Maybe its a bit obvious but surely legally theres nothing they can do.

Company A (the contractor) has contract with company B and gives two weeks notice. However, they have no obligation to appear for work especially since they're ill.

[Pondlife]

Maybe it's a but pedantic but 'companies' do not get ill. They are however legal entities that can be sued for not fulfilling contractual obligations.

There will no doubt be sections of the contract that deal with the companies inability to fulfil its obligations due to 'acceptable consultant availability' or force majeuer etc.

I suggest the OP reads them.

[rd409]

Mutuality of Obligation is irrelevant in this case; whatever your employment status within the contract it is still just that and it is legally binding

Why is it irrelevant. I work as an IT contractor for a specified project. My ltd company has no obligation to accept all the tasks assigned to me for that particular project. That is the biggest difference between permie and a contractor. We follow agile, and new task are put in the queue, where the developers pick their tasks. I am only paid for the time that I spend on working on tasks. I dont have to work, and can just inform the PM about unavailability.

If the contract has mentioned that I would be responsible for delivery of a particular project, then it is a completely different game, but I guess majority of the contracts do not have a fixed project. I am not sure, if the client would have served a notice of termination and refused to hand out any work during the notice period, would you still expect the client to pay for the notice period?

[psychocandy]

Not wishing to stick my head above the parapet too far and risk getting hit by sniper fire, the theme to this thread is the the epitome of the contractor/disguised employee argument.

Its also one reason why I refuse to engage with agencies in suppling contractors.

When I take on a contractor direct, via our own contract terms, if he fails to deliver or fulfill his obligation, he wont get paid. Also, if my company is adversely affected by his (company's) actions or fails to deliver, he will suffer penalties. That is how real businesses work. End of.

(I think i've just described the risk test for IR35)....

Just out of interest - so if a contractor invoked the termination clause, would you pay him up to that date? As others have pointed out, its legal to so.

[psychocandy]

Maybe it's a but pedantic but 'companies' do not get ill. They are however legal entities that can be sued for not fulfilling contractual obligations.

There will no doubt be sections of the contract that deal with the companies inability to fulfil its obligations due to 'acceptable consultant availability' or force majeuer etc.

I suggest the OP reads them.

Good point I guess. But following that logic we should all be willing to send someone else in if ever we're ill / on holidays.

[Pondlife]

Good point I guess. But following that logic we should all be willing to send someone else in if ever we're ill / on holidays.

You can always offer and file the email in your IR35isformugs folder.

[BlasterBates]

Why is it irrelevant. I work as an IT contractor for a specified project. My ltd company has no obligation to accept all the tasks assigned to me for that particular project. That is the biggest difference between permie and a contractor. We follow agile, and new task are put in the queue, where the developers pick their tasks. I am only paid for the time that I spend on working on tasks. I dont have to work, and can just inform the PM about unavailability.

If the contract has mentioned that I would be responsible for delivery of a particular project, then it is a completely different game, but I guess majority of the contracts do not have a fixed project. I am not sure, if the client would have served a notice of termination and refused to hand out any work during the notice period, would you still expect the client to pay for the notice period?

Yes you may refuse new tasks, but you can't be expect to be paid for half finished ones, because you walk off site. That's the issue. Can the contractor expect to be paid up until the time he walked off site or rang in to say today he has resigned and won't be coming in. I think not. Then there are the damages caused by the fact that you agreed to a task and then leave the company in trouble because it isn't finished.

I suspect if you did the same thing at your clientco, leave a task unfinished, that they too would withold pay on your invoice. It's different taking two days off and then completing your task than simply walking off site without anyone knowing what you've done. How do they know which source file you've been editing is the best version to work with? How would they know if it doesn't work? Put yourself in their position, you need more than 5 minutes to do a handover.

[rd409]

Yes you may refuse new tasks, but you can't be expect to be paid for half finished ones, because you walk off site. That's the issue. Can the contractor expect to be paid up until the time he walked off site or rang in to say today he has resigned and won't be coming in. I think not. Then there are the damages caused by the fact that you agreed to a task and then leave the company in the sh*te because it isn't finished.

Unprofessional - I agree completely.
Illegal - I beg to differ.

As I have earlier said, I do not condone this behaviour, but I do support that the contractor needs to get paid. Not paying for half finished task is okay. But refusing to sign off final invoice to me is over rated. My suggestions were only for the OP and not his friend. If the OP wants to terminate the contract, then he can serve a notice and expect to get paid. His friend has just committed professional suicide so no sympathy for him.

I hope I have cleared myself.

[minsky1]

Just out of interest - so if a contractor invoked the termination clause, would you pay him up to that date? As others have pointed out, its legal to so.

I would hope not to have left myself in a position where a contractor (company) was able to pull stunt like that in the first place.

If your buying in a body for general support work or sys admin, I would want to take someone on a fixed term without any termination or break clause on the contractor side.

If your buying for development or specific coding supply then as long as the handover was performed to our satisfaction and all his responsibilities were discharged as at the end of the notice period then yes, they would get paid.

If they were in for a specific project, again, I would look to take someone on a fixed term. Depending on the complexity of the delivery, and the uncertainty of timescales, there may be an opportunity to offer a break clause, but it would be subject to terms as above.

I appreciate people may want to leave contracts early for various reasons (I've done it a few times when I was contracting), but its a sign of unreliability. I certainly wouldnt offer such a person work again.

How can I expect to commit to supply my customers without adequate safeguards?

A contractor, in my view, should show an exceptional level of commitment. Its one of the things that differentiate them/their company from a permie.

This whole break clause/early termination is something that is usually put in place by the agencies to cover their exposure im sure. Certainly doesn't help the end client.