Question about Contract starting in future

**ShandyDrinker** · 6 April 2013, 17:56

Originally posted by golu View Post

3. If I serve my notice period, can the agency sue me for marketing costs to find my replacement ? I cant see any such clause in my contract but just want to know ( I know they might not be happy if I leave ).

Some interesting questions there. The only one I can imagine an answer to is (3) in that unless there is a clause in your contract to the effect that you will owe the agency money if notice is served then while the agency may be angry, I can't see there would be any grounds to sue. This is a genuine risk of [the agency] being in business?

In reality the only answer is what does the contract state?

**kal** · 6 April 2013, 21:02

Originally posted by ShandyDrinker View Post

Some interesting questions there. The only one I can imagine an answer to is (3) in that unless there is a clause in your contract to the effect that you will owe the agency money if notice is served then while the agency may be angry, I can't see there would be any grounds to sue. This is a genuine risk of [the agency] being in business?

In reality the only answer is what does the contract state?

If you want to leave before you have begun why in the world did you sign the contract in the first place?

**northernladuk** · 7 April 2013, 13:51

The notice period is the notice to get out of the contract. Nothing to do when you start the work IMO.

Be prepared for an lot of crap coming your way when you do this. The client and agent will be incredibly unhappy and won't get work with either of them for a while to come. Agent will come around at some point as he is driven by commission. Client may not have such a short memory.

Why not find someone equally qualified and put them in your place as a sub?

**BolshieBastard** · 7 April 2013, 17:51

Originally posted by golu View Post

hi,

I have signed a contract that is starting in few weeks. I have all signed up and sent the contract to the agency. I have following questions, wondering if someone can help:

1. If i decide not to start the contract and I let them know before the contract start date, do I have to serve the notice period ? My question is because I havent started the work does the notice period apply ?

2. If I have to serve the notice period can the notice period commence before I start the contract or does it have to be after the contract start. so lets say if my contract starts in first week of may and I decide in middle of april that I cant start the contract, will the agency consider the middle of april as start of my notice period ? or will they expect me to work the first week of contract as notice period.

3. If I serve my notice period, can the agency sue me for marketing costs to find my replacement ? I cant see any such clause in my contract but just want to know ( I know they might not be happy if I leave ).

Kindly advise.

Golu

Dont sign a contract you dont intend starting even if the start date is weeks in the future.

AFAIA agencies can bin a contract immediately before the 'engagement' start (if they have the usual clause in the contract). You'd have to see if you have the same clause enabling you to terminate without notice before starting the engagement.

Do you have recipricol termination rights in the contract? If not, then you have no right to terminate and will have to negotiate with the agency.

Adecco have a clause in their contracts that state if you do not complete the contract, you agree to pay them £xxx. One or two other agencies ma have something similar.

You need to read your contract carefully.

**BlasterBates** · 14 April 2013, 09:33

My advice would be enjoy a few weeks off, it´s Spring go on holiday, learn some new skills etc, and do the contract.

The market is difficult at the moment and looking for contracts is in any case a time consuming process.

You´ve signed, enjoy it!

**BlasterBates** · 14 April 2013, 09:35

You could try this to keep you busy and earn a few bob before the contract.

https://www.elance.com/

I´m seriously looking at trying to be able to do work through the internet, and no it isn´t well paid but you can make a living from it.....anywhere in the world

**TestMangler** · 14 April 2013, 10:00

Originally posted by BlasterBates View Post

You could try this to keep you busy and earn a few bob before the contract.

https://www.elance.com/

I´m seriously looking at trying to be able to do work through the internet, and no it isn´t well paid but you can make a living from it.....anywhere in the world

**BlasterBates** · 14 April 2013, 10:06

Originally posted by TestMangler View Post

Worth a try.... sure you have to build it up and avoid the "chancers".

Basically you need to be able to build good websites. I was pointed to it by acquaintances who build websites for a living.

Freelancer earning $116000 per annum

**TestMangler** · 14 April 2013, 17:59

Originally posted by BlasterBates View Post

Worth a try.... sure you have to build it up and avoid the "chancers".

Basically you need to be able to build good websites. I was pointed to it by acquaintances who build websites for a living.

Freelancer earning $116000 per annum

Think you missed the point of my post

Question about Contract starting in future