No notice period & reality.

**pmeswani** · 19 December 2011, 11:27

Originally posted by babybel View Post

So I've been asked to sign up to a 1 year no notice period (on my side) contract renewal.

Not great, but with the market & my personal circumstances, I would ideally want to stay with the current client.

In theory I have no problem to signing up in good faith to a fixed duration of a project & in theory I have the right of substitution in my contract subject to agreement from the client. In reality, I work in an secure env. and could not realistically bring someone else in.

I can't hand on heart say what I'll be doing in 7 months - life happens & things change. Obviously if they did I could talk to the client but legally I guess I would be in breach & subject to being rogered.

If I accept & life happens - do I have any other ways to get out of the contract?

1. You can talk to the client and explain the situation and ask if they can terminate your contract.

2. You can ask the Agent that you won't accept the contract without an adequate notice period in your contract.

3. You can ask the Agent for an increase in rate to compensate for the lack of notice period.

4. You can get hit by a Bus / Car / Campavan / Train / Chelsea Tractors and get hospitalised for the remainder of your contract.

5. Someone else on this forum can come up with some more suitable suggestion.

**northernladuk** · 19 December 2011, 11:30

You sure this isn't one of these fixed term semi employed but with no perks type contracts and not a contract in the true sense?

Does it mention anything about holidays sick pay etc?

**northernladuk** · 19 December 2011, 11:31

Originally posted by pmeswani View Post

1. You can talk to the client and explain the situation and ask if they can terminate your contract.

2. You can ask the Agent that you won't accept the contract without an adequate notice period in your contract.

3. You can ask the Agent for an increase in rate to compensate for the lack of notice period.

4. You can get hit by a Bus / Car / Campavan / Train / Chelsea Tractors and get hospitalised for the remainder of your contract.

5. Someone else on this forum can come up with some more suitable suggestion.

6. Punch your client in the face and get walked.

7. If it happens just tell them you have to leave with as much notice as possible (upwards of a month) and you have no choice, apologise profusely and say there is nothing that you can do so if they feel they have to go ahead and sue me. They won't.

**pmeswani** · 19 December 2011, 11:33

Originally posted by northernladuk View Post

6. Punch your client in the face and get walked.

7. If it happens just tell them you have to leave with as much notice as possible (upwards of a month) and you have no choice, apologise profusely and say there is nothing that you can do so if they feel they have to go ahead and sue me. They won't.

Number 6 is plausable.

**rd409** · 19 December 2011, 11:43

8. If something comes up, offer substitution. If they dont agree to substitution, then provided your contract has got a MOO clause, you dont have to accept new work. This will definitely trigger a notice from the client. But this would also mean that you wont be working for the client in the future.

**pmeswani** · 19 December 2011, 11:47

Originally posted by rd409 View Post

8. If something comes up, offer substitution. If they dont agree to substitution, then provided your contract has got a MOO clause, you dont have to accept new work. This will definitely trigger a notice from the client. But this would also mean that you wont be working for the client in the future.

could

Let's not assume the worst case scenario here. Just because a contractor refuses work, it doesn't mean they won't be used in the future. There could be a genuine reason why a contractor has refused work.

**rd409** · 19 December 2011, 12:01

Originally posted by pmeswani View Post

could

Let's not assume the worst case scenario here. Just because a contractor refuses work, it doesn't mean they won't be used in the future. There could be a genuine reason why a contractor has refused work.

There is a reason why there is no termination clause for the contractor. If you want to override this, then you should be prepared for the worst results. If the client is ready to accept the situations, then they would definitely invoke the termination clause from their side. If they refuse to let you go, and you use the substitution clause, and the moo, it would be safe to assume that the client will be really p****d off. Unless you work for a niche market, and you are probably one of the only few contractors available, be ready to be always ignored. People have a better memories than you or me assume.

**psychocandy** · 19 December 2011, 12:45

Originally posted by rd409 View Post

8. If something comes up, offer substitution. If they dont agree to substitution, then provided your contract has got a MOO clause, you dont have to accept new work. This will definitely trigger a notice from the client. But this would also mean that you wont be working for the client in the future.

Isnt substitution irrelevant to MOO? Cant you just decline work anyway under MOO?

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

**northernladuk** · 19 December 2011, 12:49

Originally posted by psychocandy View Post

Isnt substitution irrelevant to MOO? Cant you just decline work anyway under MOO?

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

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?

No notice period & reality.