Unhappy in Contract, Unable to Leave

[vwdan]

Advise your client that you will be unavailable for the provision of services on Tuesdays and Thursdays, but you can instead offer alternate hours over weekends.

Next thread: Stuck in a contract I hate, and now I never see my family.

[speling bee]

Next thread: Stuck in a contract I hate, and now I never see my family.

Or perhaps they'll bin the OP.

[d000hg]

Would a standard RoS clause mean that if the agency refuses to accept offered substitutes, the contractor has a way out? Or can they refuse any substitutes and demand he works the full contract?

[speling bee]

Would a standard RoS clause mean that if the agency refuses to accept offered substitutes, the contractor has a way out? Or can they refuse any substitutes and demand he works the full contract?

But if you want to use the RoS as a ruse to get out, you advise that you are unavailable for the 14 of the next 16 weeks and then offer a subbie.

[Wanderer]

It looks like there is no option for me to leave before the end of the contract

Just talk to the client and say you are going to leave, your contract states 2 weeks notice and take it from there. It's got bugger all to do with the agency.

The agency may feed you a line of bulltulip and may try to withhold money they owe you but make it clear that you aren't taking any nonsense and they will back down.

[kingcook]

I'm still trying to figure out how "The Contractor" could possibly refer to the agency in any contractor-to-agency contract.

Are the agency a recruitment business? If so, how can they be a contractor?

[TheFaQQer]

Would a standard RoS clause mean that if the agency refuses to accept offered substitutes, the contractor has a way out? Or can they refuse any substitutes and demand he works the full contract?

If the clause is worded in a helpful way (eg. "The agency cannot unreasonably reject the substitute" or similar) then if you propose someone who is suitable, the agency would need to show why they are unsuitable. If they cannot do that, then they are in breach of contract and you could probably terminate because it's a pretty fundamental term which is being breached.

[TheFaQQer]

Just talk to the client and say you are going to leave, your contract states 2 weeks notice and take it from there. It's got bugger all to do with the agency.

It's got everything to do with the agency - you don't have a contractual relationship with the client (unless you are their employee or disguised employee), you can only terminate via the agency.

If the agency is correct in their terminology (and I would check it very carefully before agreeing with what they say), then the OP has no right of early termination, so they either need to get someone else to terminate the contract for them, or find someone else to do the work, or walk and hope.

[Wanderer]

It's got everything to do with the agency - you don't have a contractual relationship with the client (unless you are their employee or disguised employee), you can only terminate via the agency.

Yes, that's strictly correct but I see myself as working for my clients, NOT for agencies. Yes, I do mostly contract via an agency but very rare that an agency has actually found me work as opposed to being inserted into the relationship by a client that I contacted directly.

My recommendation is DO NOT talk to the agency about terminating in the first instance because they are just going to say "no you can't terminate early" and then try to withhold payment. My approach is to always discuss it with the client, tell them what my availability is and agree that before the client tells the agency that the contract is ending. That way it bypasses any temptation by the agency to pull stupid tricks like refusing to pay the contractor's last invoice.


That said, people can play it whatever way they want. I have no interest in dealing with agencies if I can possibly cut them out of the loop and I see my style as more business like because it prevents misunderstandings by cutting out the middleman to an extent but each to their own.

[simplicity]

I would just make friends with someone in order to get a reference and quit! Or go off on sick leave due to stress- they can't argue with that. Obviously they won't pay you if you don't work but you will be out if a miserable contract.