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New contract, where is the notice period on MY side ?

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    #11
    Originally posted by malvolio
    If he does and it's not in the contract or is contrary to its terms, he is in breach and you can walk away anyway, it's nothing to do with notice periods. Nobody's saying you're tied in for life, just that you can't decide to stop work in the middle.

    Or do you like paying 20% extra tax for no reason?
    the problem is that its almost impossible to get a clear definition of the role and its deliverables and therefore very difficult to claim its outside the contractual terms.

    Perhaps for software developers it may be possible to break it down into discrete packages of work (i.e. code modules fully tested and working) but for me it would not be practical to try and define each and every deliverable.

    Some of the stuff I am being asked to perform in my current role is total sh1te, the boss is a megalomaniac german, the project is very large but nobody seems in control, the people I work with are the most unfriendly bunch and I will be glad to see the back of the place.

    I have been contracting over 10 years and this is the first time I have ever felt the need to walk away from a contract - if I had a notice clause it would have been served ages ago.

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      #12
      Well yes, I accept that scenario. But at the end of the day we all sign a contract with a set of terms and some idea of the deliverables. As you say, the hard part is getting the client and the agent to describe what they want you to do. One day, we'll crack that problem - in fact, that revolution is already starting, in a quiet way.
      Blog? What blog...?

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        #13
        Originally posted by malvolio
        Well yes, I accept that scenario. But at the end of the day we all sign a contract with a set of terms and some idea of the deliverables. As you say, the hard part is getting the client and the agent to describe what they want you to do. One day, we'll crack that problem - in fact, that revolution is already starting, in a quiet way.
        Hmmm. Malvolio, do you really want the client to know exactly what they they want in advance? The day that happens is the day all work will be outsourced. It's the uncertaintly and requirement for flexibility which keeps work in the country at all.
        Hard Brexit now!
        #prayfornodeal

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          #14
          I agree with malvolio no notice period is strong anti IR35, also if 9 months has you scared then negotiate three 3 months contract or 4 then 3 months, I've had colleagues done this in the past.
          "Never argue with stupid people, they will drag you down to their level and beat you with experience". Mark Twain

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            #15
            It doesnt really matter if there is a notice period or not. As long as you can come to an agreement with the client then 11 times out of 10 you will be able to leave early (after all, its in their best interests to have someone there who actually wants to be there or isnt burdened with private issues etc).

            You may have some flak from your agents but remind them that they cannot with hold payment from you as you are protected by the agency regs (you know, the ones you didnt opt out of when the agents asked you to).

            Mailman

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              #16
              Originally posted by sasguru
              Hmmm. Malvolio, do you really want the client to know exactly what they they want in advance? The day that happens is the day all work will be outsourced. It's the uncertaintly and requirement for flexibility which keeps work in the country at all.
              There you go again, missing the point. We get these silly undefined contacts because clients are always trying to buy people. Come the glorious day when they stop wanting 5 years .Net and instead ask for someone to integrate a database to a website, then we'll get decent contracts. We can help ourselves by sticking to the "I'm a Service Provider not temp employee" line and behaving like professionals - if you want to be a temp, go join an umbrella.

              Getting there is not easy, but some of us are digging away in the dark trying to at least get the revolution started. It will happen - and when it does, 80% of contractors either won't notice or will bleat they've lost their "employment" rights...
              Blog? What blog...?

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                #17
                Originally posted by malvolio
                There you go again, missing the point. We get these silly undefined contacts because clients are always trying to buy people. Come the glorious day when they stop wanting 5 years .Net and instead ask for someone to integrate a database to a website, then we'll get decent contracts. We can help ourselves by sticking to the "I'm a Service Provider not temp employee" line and behaving like professionals - if you want to be a temp, go join an umbrella.

                Getting there is not easy, but some of us are digging away in the dark trying to at least get the revolution started. It will happen - and when it does, 80% of contractors either won't notice or will bleat they've lost their "employment" rights...
                Oh Ok. You're right. Missed the point. My point is the subject of an entirely new thread re: the impossibility of defining deliverables completely - something I am struggling to do at the moment.
                Hard Brexit now!
                #prayfornodeal

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                  #18
                  Hey, you crack that and every PM in Britain will beat a path to your door..
                  Blog? What blog...?

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                    #19
                    I generally start with "the client likes shiny things" and refine from there.
                    Insanity: repeating the same actions, but expecting different results.
                    threadeds website, and here's my blog.

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                      #20
                      Originally posted by malvolio
                      Hey, you crack that and every PM in Britain will beat a path to your door..
                      You jest, but that is exactly what my boss (a non-IT person obviously) expects ...
                      Hard Brexit now!
                      #prayfornodeal

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