can i terminate or must provide substitute ?

[calacik]

hi

i work thru my own ltd and my contract says notice of termination: 2 weeks

there is another section on the contract which talks about substitution and confuses me...
will i still be required to provide a substitution if I give notice to terminate my contract?
what are consequences of me giving 2 weeks notice terminating my contract early ( if any)?

thanks

[ctdctd]

hi

i work thru my own ltd and my contract says notice of termination: 2 weeks

there is another section on the contract which talks about substitution and confuses me...
will i still be required to provide a substitution if I give notice to terminate my contract?
what are consequences of me giving 2 weeks notice terminating my contract early ( if any)?

thanks

No
You may never be able to work for that clientco again
Your agent may not want to put your CV forward again

HTH

[calacik]

No
You may never be able to work for that clientco again
Your agent may not want to put your CV forward again

HTH

in addition to main page which says notice of termination 2 weeks, there is another full section on termination but it doesnt touch on my wright to terminate! does 2 week notice of termination at the top section give me wrights to terminate by default ? or its only there for client/agents benifits?

Term and Termination
9.1 The Services shall commence on the Start Date, and shall be provided during the period specified in the Assignment Schedule unless otherwise agreed, up to the End Date (being the originally estimated completion date for the Project), on which date the Agreement shall automatically expire. The duration of the initial Assignment Term may be extended by
agreement in writing between the parties and these terms and conditions shall be deemed to apply to such extended Assignment Term(s).
9.2 At the end of the stated Assignment Term, the Company shall be under no obligation whatsoever to offer further work to the Supplier, and the Supplier shall be under no obligation whatsoever to accept any further work, if offered.
9.3 The Company shall be entitled to terminate this Agreement forthwith, without notice or liability, at any time in the event of any of the following:
(a) The Client requests the Representative to be removed from the Assignment (and such Representative is not replaced under Clause 4 above;
(b) The Client terminates its contract with the Company due to the Representative’s misconduct, unauthorised absence, unsuitability, unsatisfactory work, lack of technical ability, lack of performance, or persistent minor breaches of Client rules and regulations;
(c) Any references, approvals, certificates, clearances or consents which are required by the Company or the Client in respect of the nominated Representative(s) are not obtained within the time limit detailed in the Assignment Schedule, or where no such time limit is stated, within 30 days of the Start Date;
(d) The Client cancels the order for the Services or the Project at any time prior to the Start Date;
(e) The Company exercises its option to terminate its agreement with the Client for the Services of the Supplier, by reason of either (i) the Client’s material breach of contract (including but not limited to non-payment by the Client of the Company’s invoices); or (ii) a resolution being passed or petition being presented to wind up the Client’s business or a receiver being appointed of the whole or part of the Client’s assets.
(f) It transpires that the Supplier, as a limited company, is not or ceases to be a limited company registered in the United Kingdom (which for the avoidance of doubt does not include the Channel Islands or the Isle of Man).
The Supplier accepts that termination under sub-clauses 9.3(a) to 9.3(d) shall arise as a direct result of the unilateral decision/action of the Client, and it shall have no complaint or claim against the Company as a result.
9.4 Unless varied in the Assignment Schedule of any Addendum/Appendix, the Company may terminate the Agreement without cause and for whatever reason by giving not less than 7 days prior notice.
9.5 The supplier acknowledges that the continuation of the Assignment is subject to and conditioned by the continuation of the contract entered into between the Company and the Client. In the event that the contract between the Company and the Client is terminated for any reason the Assignment shall cease with immediate effect without liability to the Supplier.
9.6 Either party shall be entitled to terminate this Agreement forthwith by notice in writing to the other party, if the other party shall commit or allow to be committed:
9.6.1 any material or irremediable breach of any of these terms and conditions;
9.6.2 any other breach of these terms and conditions (not being material), where the party in breach shall fail to remedy any such breach (where capable of remedy) within 7 days after notice has been given by the innocent party to the party in breach requiring remedy of the same;
9.6.3 save for the bona fide purpose of solvent reconstruction or amalgamation, if any action, application or proceeding in respect of (i) a voluntary arrangement or composition or reconstruction of its debts; (ii) the presentation of an administration petition; (iii) its winding-up or dissolution; (iv) the appointment of a liquidator, trustee, receiver, administrative receiver or similar officer or (v) any similar action, application or proceeding in any jurisdiction to which it is subject or if it is unable to pay its debts.
9.7 Termination of this Agreement will be effective from the date that a valid termination notice under this Clause 9 is provided to the other party, either verbally or in writing. Where notice has been provided verbally, this must be confirmed in writing by the party giving notice at the earliest practical opportunity.
9.8 Termination of this Agreement under any of the provisions hereof shall be without prejudice to the rights and obligations of the parties arising hereto prior to, or as a result of, such termination.

thanks

[northernladuk]

I love how some contractors can't understand their own contract. Unbelievable.

[fullyautomatix]

I love how some contractors can't understand their own contract. Unbelievable.

Yes, you are wright.

[Robinho]

Nice wind up.

Just don't come in, they won't do anything.