No notice period & reality.

[pmeswani]

i.e. Turn up for 5 months then decline any work for the next 7 months until contract expires...

How does that work? From my understanding of the contracts I have been provided, if there is no work (whether it is refused or none available), the client can terminate your contract immediately. I can't see how a client would be happy to pay you for 7 months if no work is available.

[stek]

You are Carlos Tevez and I claim my moderator's infarction....

[pmeswani]

You are Carlos Tevez and I claim my moderator's infarction....

No can do. But I can award you some Carlos Tevez points. How does 50 sound?

[rd409]

How does that work? From my understanding of the contracts I have been provided, if there is no work (whether it is refused or none available), the client can terminate your contract immediately. I can't see how a client would be happy to pay you for 7 months if no work is available.

The client wont pay, because there is no work done. This is just like having an associate contract with a consultancy, where if you work they pay you, otherwise it is just a piece of paper. Most often, the moment you make yourself unavailable for a longer period, the client would serve notice.

[pmeswani]

The client wont pay, because there is no work done. This is just like having an associate contract with a consultancy, where if you work they pay you, otherwise it is just a piece of paper. Most often, the moment you make yourself unavailable for a longer period, the client would serve notice.

So why not put the contractor on the bench and then ask them if they want to come back when required? If the contractor is not available, then that's their loss. Holding a contractor to ransom (i.e. not giving them work and not paying them and restricting their ability to get paid work) doesn't sound right.

[rd409]

So why not put the contractor on the bench and then ask them if they want to come back when required? If the contractor is not available, then that's their loss. Holding a contractor to ransom (i.e. not giving them work and not paying them and restricting their ability to get paid work) doesn't sound right.

I agree completely about it not being right. But the reality is that the daily rates are going down, with more and more contractors flooding the market. The agencies know, that if the contractor receives a decent rate then they might be tempted to hand in notice and move on. The no-notice from the contractor is just to prevent this situation. Don't forget this is a buyer's market at the moment, so not everyone stands a chance to this kind of tactics. Many contractors would be more than happy to be in contract at this time, and unfortunately would agree to these kind of clauses, so there is no choice for the rest of us I guess.

[pmeswani]

I agree completely about it not being right. But the reality is that the daily rates are going down, with more and more contractors flooding the market. The agencies know, that if the contractor receives a decent rate then they might be tempted to hand in notice and move on. The no-notice from the contractor is just to prevent this situation. Don't forget this is a buyer's market at the moment, so not everyone stands a chance to this kind of tactics. Many contractors would be more than happy to be in contract at this time, and unfortunately would agree to these kind of clauses, so there is no choice for the rest of us I guess.

If what you say is true, I would be shocked and horrified. Contractors always have a choice. Ok, some choices are not always favourable, but still there's a choice. The Agent don't want to lose money or business, so they will be flexible.... Shirley.

[psychocandy]

Think a bit won't you. You think the client will keep you in contract for 7 months when you are just refusing to work?

Obviously not. But thats up to them then to terminate isnt it?

[rd409]

If what you say is true, I would be shocked and horrified. Contractors always have a choice. Ok, some choices are not always favourable, but still there's a choice. The Agent don't want to lose money or business, so they will be flexible.... Shirley.

Yup, the choice at the moment is whether you are in contract or on a bench.

[pmeswani]

Yup, the choice at the moment is whether you are in contract or on a bench.

Unless you have multiple offers.... in which case.... chose one of them, or be on the bench.