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

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

    I've just received a new 9 month contract to sign, the clients notice period to boot me out is just 2 weeks.

    I cannot for the life of me see anything in writing which states the notice period that I have to give to leave the job.

    The contract is ok but who knows when I may have to leave at short notice,
    my question to you all if the notice period is not specified then does that mean I would be breaking my contract if I attempted to leave in 2 weeks in the middle of the contract.

    Your advice please, I don't want to spend 60 quid on a solicitor for info..

    #2
    If there is no notice period in the contract, then there is no notice period.

    Check to see if you have a substitution clause. If you have that then you could 'phone a friend to act as a stand in whilst you are away.

    Whenever a client wants to put a notice period in a contract I usually ask for the same.

    It is always a good idea to make sure that you can get things like a sudden day off put in to the contract, you never know when someone might die and you have to attend. I know a fellow contractor working for IBM/Nokia in Finland who was fired because he needed to go to the dentist...

    Also local public holidays: nothing worse than the client berating you for not working on a bank holiday, even though you couldn't get in because the building was locked...
    Insanity: repeating the same actions, but expecting different results.
    threadeds website, and here's my blog.

    Comment


      #3
      Originally posted by messiah
      I've just received a new 9 month contract to sign, the clients notice period to boot me out is just 2 weeks.

      I cannot for the life of me see anything in writing which states the notice period that I have to give to leave the job.

      The contract is ok but who knows when I may have to leave at short notice,
      my question to you all if the notice period is not specified then does that mean I would be breaking my contract if I attempted to leave in 2 weeks in the middle of the contract.

      Your advice please, I don't want to spend 60 quid on a solicitor for info..
      Is it a job or a contract? Which are you looking for?

      Under the sarcasm (for which apologies) lies a truth: contracting is different.

      Comment


        #4
        Well ask for a notice period for christs sake. Unless you've actually signed it and started and which point thats quiet funny.
        What happens in General, stays in General.
        You know what they say about assumptions!

        Comment


          #5
          Agreed. Stand your ground. I've had agents try to pull this one on me. They have always capitulated me my demand though.

          Comment


            #6
            FFS When will you idiots learn - no notice period on your side is a GOOD thing - it is a strong anti-IR35 pointer all by itself. You really shouldn't sign contracts you have no intention of honouring, and if you are going into contracts with the intention of walking away before the job is done, then you're in the wrong business.
            Blog? What blog...?

            Comment


              #7
              Originally posted by messiah
              I've just received a new 9 month contract to sign, the clients notice period to boot me out is just 2 weeks.

              I cannot for the life of me see anything in writing which states the notice period that I have to give to leave the job.

              The contract is ok but who knows when I may have to leave at short notice,
              my question to you all if the notice period is not specified then does that mean I would be breaking my contract if I attempted to leave in 2 weeks in the middle of the contract.

              Your advice please, I don't want to spend 60 quid on a solicitor for info..
              I made the mistake of signing such a contract back in September.

              BIG MISTAKE - for many reasons (and not primarily financial) this is the worst contract I have ever had but I was stupid enough to sign it so I feel its only right to honour it.

              So it looks like I am stuck here until June (unless the client gives notice first which I am hoping they will do in early May)

              If you dont want to risk being in the same position as I am then I recommend you get the contract changed to give you a reciprocal notice period....you never know when you will need it !

              Comment


                #8
                Originally posted by messiah
                I've just received a new 9 month contract to sign, the clients notice period to boot me out is just 2 weeks.

                I cannot for the life of me see anything in writing which states the notice period that I have to give to leave the job.

                The contract is ok but who knows when I may have to leave at short notice,
                my question to you all if the notice period is not specified then does that mean I would be breaking my contract if I attempted to leave in 2 weeks in the middle of the contract.

                Your advice please, I don't want to spend 60 quid on a solicitor for info..
                Notice Period! Notice Period! What are you an employee?

                Reciprocal Notice periods are only a requirement in employment. As a service provider one should negotiate. As an aside I've never found the need to walk out on a client before the job has been done in 10 years of contracting.

                As for needed this could be a basis for negotiation.

                Comment


                  #9
                  Originally posted by malvolio
                  FFS When will you idiots learn - no notice period on your side is a GOOD thing - .
                  It may be a good thing in some respects, but it's bad in others.

                  I always insist on a notice period in case the client dumps me with some tulipty task that I would never have agreed to do if asked beforehand.

                  If he does, then I can walk.

                  Having no notice period might be a good thing, having a contractual description of the work is better, but the reality is this is almost never going to happen.

                  And yes, I do always honor my professional obligations.

                  tim

                  Comment


                    #10
                    I always insist on a notice period in case the client dumps me with some tulipty task that I would never have agreed to do if asked beforehand.

                    If he does, then I can walk.
                    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?
                    Blog? What blog...?

                    Comment

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