Contract Termination

[abc]

I don't see how the agency can do anything to him. The client has already accepted his notice. If he then explains the situation, surely (if he is on good terms with the client) they would accept the contract running out without him being there. Legally he would have seen out the contract. The agency cannot force him to work at the clients offices simply so that they can earn their comission.

Another way around this would be to have a 'serious car accident' That way, he would not be in a position to see out the remainder of his contract.

The best option would be to read the contract and agree terms before signing!

If the client has accepted his notice and was not bothered by this happening, then yes there is no reason why they should be bothered about the last 3 weeks being a holiday instead, as it makes no difference to them.

If the client was bothered by it, then its a different kettle of fish of course.

[BoredBloke]

I don't see how the agency can do anything to him. The client has already accepted his notice. If he then explains the situation, surely (if he is on good terms with the client) they would accept the contract running out without him being there. Legally he would have seen out the contract. The agency cannot force him to work at the clients offices simply so that they can earn their comission.

Another way around this would be to have a 'serious car accident' That way, he would not be in a position to see out the remainder of his contract.

The best option would be to read the contract and agree terms before signing!

[abc]

Do you fill in timesheets when you go on holiday, I know I don't. So all he has to do is say to the agency that he is taking a 7 week holiday. They can't force him to do any hours.

Hourly rate times feck all = feck all

I see what you mean.

This "holiday" will need to be approved by the boss (in the client company) as being convenient to them. And it is better to have this approval on paper if possible. Email would be the next best.

A cosy compromise would be to work the 4 weeks that was already planned for (but not as an notice period, just as normal work) and taking the last 3 weeks as holiday, as long as the clients agrees to this.

So long as he does formally withdraw his notice, then the agency will not be able to argue that he has handed in notice when his contract says he can't do that.

But be aware that the agency will of course realise what is going on here and if upset about it (quite likely) might well withhold payment of any outstanding invoice(s).

If possible, getting the client on your side and having them tell the agency to cool it, would make life easier for you. It would stop those nasty phone calls!

Or perhaps this is not possible; it depends on whether you are still on good enough terms with your boss/HR department.

[BoredBloke]

Do you fill in timesheets when you go on holiday, I know I don't. So all he has to do is say to the agency that he is taking a 7 week holiday. They can't force him to do any hours.

Hourly rate times feck all = feck all

[abc]

Simple - Withdraw your notice and don't bill any hours i.e. a 7 week holiday. The client has already accepted your notice so I don't see where the problem is.

I think the problem is that his contract is not with the client, it's with the agency.

Also it will probably have a clause (they usually do) about having to fill in timesheets.

[MarillionFan]

Nah, I thought he was trying to fly.

You certailny missid reciprocated

Yu

hth.

[BoredBloke]

Simple - Withdraw your notice and don't bill any hours i.e. a 7 week holiday. The client has already accepted your notice so I don't see where the problem is.

[abc]

I was a bit verbose in (3).

Basically, I was meaning to indicate that the contract that you signed will apply, unless all parties can be persuaded to make an exception in this case.

You will not make much headway with the agency, as they care mainly about the cash, but also about how this makes them look to the client. They would be thinking in terms of how they can get another body into the "slot" that you will be vacating. That's how they think. They will be concerned about the lead time to find this new body and get "it" approved. So the easy way for them is just to insist that you stay to the end.

On the other hand, there is a small chance that the client might not be bothered if you stay the whole period. If they are not bothered, then rather than have you around, when you would clearly prefer to move on, they might work with you to persuade the agency to be flexible in this case. The agency will still wriggle, because they will loose cash for the few weeks (3?) at the tail end of the contract period.

Another (possibly crazy) idea is that if you can find out what the agency make off you per day, offer to pay them this amount for the extra 3 weeks that you won't be working. Of course it will cost you some cash, but you might then get your freedom early, if you want it that badly. If the agency accepts the offer of the cash (do it it writing of course), then they will have entered into a new contract and will find it hard to chase you at a later time for other damages.

You would need to use a phrase like "the agency accept this as full and final settlement", to make it explicit that they can't come back at you for more cash later on.

I'm not a lawyer, so if this looks like it's getting nasty, sign up for PCG and use the PCG legal help line to get this sorted out before it gets any worse.

[ASB]

whinging.

hth.

Nah, I thought he was trying to fly.

You certailny missid reciprocated

[cojak]

I like the cut of abc's gib - that's about the long and short of it (not sure about the 'legal' bit in 3, though).

Oh, and don't believe people who say 'ignore them, they'll never sue...'.

[abc]

Here's what I would do in this case. But what do I know

(1) Write a short note withdrawing your notice, to your boss at the company.

(2) Quickly take the letter to you boss, before the agency buries you.

(3) Explain that there was a misunderstanding over the notice period. You have found out that a restrictive clause prevents you from handing in your notice, hence the note. Say that you want to do the "right thing by the company". Offer to work the full period, or to work a shorter period, provided they can help you to persuade the agency to be flexible in your case. Make it very clear a shorter notice period will not be legal unless the company HR department request the agency to be flexible in your case.

(4) When you get a decision from your boss, confirm it in writing to him and the agency. Their copy will need to go to the correct address for legal paperwork that should be on your contract. Make sure you make it clear if an exception to the clause was agreed.

(5) Don't respond in kind to any nasty calls or emails. You need to keep your responses cool and professional. Easier said than done, I know.

Plus, on your next job - read the contract!

Good luck.

[MarillionFan]

whinging.

hth.

[ASB]

so you either:-

a) Signed a contract with a clause that you did not like and are now winging about it.

b) Didn't read it and are now winging about it.

Why on earth you think it is either unfair or illegal frankly completely escapes me. The agency is perfectly within their rights to take action against you for breach of contract - whether they will or not is a different matter. In the absence of anything to the contract they would probably want their commission on the remainder of the term. But you could probably negotiate around it.

Of course it is possible a court might rule the clause unenforceable - but a formal legal opinion on the entire contract would be needed.

However it is possible the client/agency contract include a clause that enables them to dispense with your companys services for any reason and that that clause is recipricated in the contract you have signed with the agent. you might be able to persuade the client to do your dirty work for you.

Sorry to be blunt but if you don't like the terms in a contract don't sign them. If you don't read them properly or understand the implications then there is only one place the blame lies if things don't go to plan.

[Jaydp]

Hi All,

Hope you can help me here.

I handed in my resignation notice about 7 weeks earlier than my end date. After i sent my email to my agency I started to get phone calls and emails some were very abrasive. Saying that there legal department will get in contact with me, blacklisting me, stopping my payments an so on.

They also said they will not accept my notice, even though the company I was working for accepted my notice.

I also think a clause in my contract seems unfair and illegal:

"The service provider may not give notice and is obliged to work the full term of contract"

Comments appreciated……