Question about contract extension

[robinsj3]

Hi folks, please be nice as I'm new to contracting following redundancy from a permie role, and I have a question.

I've been at clientco for 4 months, and I don't particularly like it, and I'd still much prefer a permie role (different strokes, different folks...)

I've been offered an extension through to end of April 2013. Now other contractors at clientco say that our contracts (via the agency) are written in such a way that our contracts can't be terminated except by the clientco. However, speaking to my pimp, he assures me I can give notice and leave at any point.

This agreement will terminate if, before the Completion Date as specified in the Schedule, the Client
determines that the Contractor’s contribution to the project has been completed. The Employment
Business and contractor may terminate the Agreement and /or the specified services by giving
immediate written notice. Additionally, the Employment Business may terminate the Agreement
and/or the Specified Services without prior notice if, in the Employment Business’s or the Client’s
opinion, it is no longer appropriate for them to continue in force.

Is the relevant clause above. Breaking each bit down, I don't see where it is saying I have the right to terminate and walk.

On a separate point, given I'm a newbie to contracting, is it worth accepting an extension (from a CV point of view) if you don't really like the gig? I'm just used as extra resource, and am just there to help the permies out (with the crap they don't want to do) rather than doing anything particularly interesting on my own, so it seems like a real downward step.

[cojak]

Question about contract extension

Welcome robin

Good for you knowing what it is you want to do. Contracting is not for everyone.

The contract says you can walk (1st para), so that's ok.

No, you don't have to accept an extension if you don't like it, but I wouldn't give notice until you've found somewhere else to go first.

And as for boring work that you consider a backwards step - that's the life of a contractor - in one contract you're a hero, the next you're a zero. It's quite right for clients to dump the boring stuff on contractors - they pay them to do the work, not moan about career progression .

But I hope 2013 goes better for you.

[kingcook]

This agreement will terminate if, before the Completion Date as specified in the Schedule, the Client
determines that the Contractor’s contribution to the project has been completed. The Employment
Business and contractor may terminate the Agreement and /or the specified services by giving
immediate written notice. Additionally, the Employment Business may terminate the Agreement
and/or the Specified Services without prior notice if, in the Employment Business’s or the Client’s
opinion, it is no longer appropriate for them to continue in force.

Is the relevant clause above. Breaking each bit down, I don't see where it is saying I have the right to terminate and walk.

See above clause highlighted in bold.

[robinsj3]

Thanks for the advice guys. I really appreciate it.

Perhaps contracting could be for me, but its more that this contract is not right for me.

[Scoi]

You're fine to walk but don't go unless you've got somewhere to go to. Employers and ClientCo's like to see someone in work rather than benched as long as the notice period won't get in the way.

Extensions are good for the CV/interview as its an obvious sign that ClientCoA thought you were worth it, i'm in same position as you, extended a 6 month to 12 as first gig but now looking around for a better location. OTOH having 2 gigs on the CV also looks good so if something comes up don't be afraid to jump but you have to understand that returning to current ClientCo may be tough.

There's talk on here that IT is quiet at the moment, Christmas is coming so permie recruitment and projects may be delayed until new year. IMO take the extension, keep invoicing and find a better role. tulip work is better than no work

[Wanderer]

I've been at clientco for 4 months, and I don't particularly like it, and I'd still much prefer a permie role (different strokes, different folks...) I can give notice and leave at any point.

Take the extension, keep calm and keep invoicing. At the same time, get on with looking for a permie job and when you get one you can start immediately.

It's a no brainer really.

[northernladuk]

I don't see what the duration of your notice is though. Is it somewhere else in your contract. Did you get your contract checked by QDOS for IR35?

[speling bee]

You're fine to walk but don't go unless you've got somewhere to go to. Employers and ClientCo's like to see someone in work rather than benched as long as the notice period won't get in the way.

Extensions are good for the CV/interview as its an obvious sign that ClientCoA thought you were worth it, i'm in same position as you, extended a 6 month to 12 as first gig but now looking around for a better location. OTOH having 2 gigs on the CV also looks good so if something comes up don't be afraid to jump but you have to understand that returning to current ClientCo may be tough.

There's talk on here that IT is quiet at the moment, Christmas is coming so permie recruitment and projects may be delayed until new year. IMO take the extension, keep invoicing and find a better role. tulip work is better than no work

WHS

If this is your first contract, then take the extension and you will look a better prospect for the next one. Hopefully you will find something more interesting. Best of luck.

[Taita]

I don't see what the duration of your notice is though. Is it somewhere else in your contract. Did you get your contract checked by QDOS for IR35?

Termination clause could be more clear but the use of the word "immediate" suggests once written notice has been properly delivered no further period has to elapse before you leave. If it were me, I would ask for clarification but only if I believed my prospects of "immediately" securing a new gig were very good.

[psychocandy]

Would deffo sign a contract like this with a zero day notice period. After all, what've you got to lose - according to the contract it seems like you can give immediate notice.

Some might say not cool to leave client possibly in the lurch BUT you gotta look after yourself.