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No notice period?

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    No notice period?

    I work for a financial organisation. Been there for over 12 months, however with the latest renewal they have put in 2 week notice period in case they want to get rid of me but no mention of a notice period if I want to quit. Previous contracts were always mutual ie 2 weeks for both parties. I am looking around at the moment and might be in a position where I might want to leave mid contract? However since the current contract doesn't state a notice period, does this mean I can only leave at the end of the contract? Can they stop me from leaving mid contract if I give sufficient time for a handover etc? If they prevent me from leaving, what if I just say I'm too stressed to work - I quit?

    #2
    Originally posted by yamamma View Post
    I work for a financial organisation. Been there for over 12 months, however with the latest renewal they have put in 2 week notice period in case they want to get rid of me but no mention of a notice period if I want to quit. Previous contracts were always mutual ie 2 weeks for both parties. I am looking around at the moment and might be in a position where I might want to leave mid contract? However since the current contract doesn't state a notice period, does this mean I can only leave at the end of the contract? Can they stop me from leaving mid contract if I give sufficient time for a handover etc? If they prevent me from leaving, what if I just say I'm too stressed to work - I quit?
    If your company does not have a contractual right to give notice of termination, then you cannot give notice to terminate. Regardless of how much time you give, there is nothing in the contract which allows you to terminate it early.

    However, there is usually a clause about mutuality of obligation (there should be!) and lack thereof. Which means that the client does not have to give you any work, and you are not bound to accept it. So, theoretically, you could just turn round and say "I'm not coming in any more, I don't have to accept the work, so I'm not going to" and walk out.

    Whether that is something that you want to consider is a different matter - how small is the world that you work in?

    As for claiming stress, same question. The circles I operate in hasn't got many decent people available - most of us have worked together in the past, so we tend to get asked about people we've worked with. If you're in a similar boat, I'm not sure that walking out through "stress" makes for good opportunities in the future.

    I worked on a project with a testing manager once who "broke his leg" to get out of the contract. Next project, same guy, same broken leg to get out of the contract. I'm not sure where he's working these days, but looking on LinkedIn, it's been a while since he did anything meaningful.
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      #3
      One other thought - have you tried negotiation in these circumstances to get the contract that you want?
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        #4
        Originally posted by TheFaQQer View Post
        One other thought - have you tried negotiation in these circumstances to get the contract that you want?
        Nope but another guy in my team just renegotiated and asked for:
        1. 15% pay rise
        2. Include clause in contract for 4 weeks notice if he wanted to quit

        They came back with we'll give you 12% rise if you drop demand number 2, so looks like its not up for debate.

        So good news is i'll get at least a 12% increase and contract only goes to end of march
        Bad news is current role is de-skilling me and know I could find something better and also paying around 25% more.

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          #5
          Originally posted by yamamma View Post
          So good news is i'll get at least a 12% increase and contract only goes to end of march
          Bad news is current role is de-skilling me and know I could find something better and also paying around 25% more.
          How much deskilling can you do in 3 months, take the money.
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            #6
            I'm in agreement with Wanderer. Times are hard old son, so take the money, put it in the bank and start looking around Feb.
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              #7
              Originally posted by Wanderer View Post
              How much deskilling can you do in 3 months, take the money.
              Disagree - if you know you can get 25% more in a better role, then take that role.

              Originally posted by yamamma View Post
              know I could find something better and also paying around 25% more.
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                #8
                I hear both sides of the argument - It's a tough one, i'm under pressure to renew by the end of this week so I think I will. Job interview lined up next week so i'll still go to that and if i get the role will see if I can get away with giving a months notice. Problem is i've been de-skilling for a whole year, forgotten to do everything other than tie my shoelaces......

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                  #9
                  Originally posted by yamamma View Post
                  Bad news is current role is de-skilling me and know I could find something better and also paying around 25% more.
                  This is a no brainer then. You have the following options..

                  a) Take a contract 13% less than another, deskilling you with notice problems...

                  b)Leave and get everything you want and 25% increase.

                  Jesus, what the hell is there to think about there...unless it is all talk??
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                    #10
                    Originally posted by yamamma View Post
                    Nope but another guy in my team just renegotiated and asked for:
                    1. 15% pay rise
                    2. Include clause in contract for 4 weeks notice if he wanted to quit

                    They came back with we'll give you 12% rise if you drop demand number 2
                    The next offer then is "either 10% and decent notice" or "15% and no notice".

                    Depending on when the current contract runs out, don't be pushed into making a decision one way or the other. Get them to give you the paperwork for review, but don't make any committal noises about it until you really have to.
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