Originally posted by eek
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Reply to: Termination without warning
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Previously on "Termination without warning"
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Originally posted by eek View Post...Usually because they were tulip....
I have lived a sheltered life.
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Originally posted by northernladuk View PostStill not convinced bringing obligation in day to day operations is right. We work T&M so surely work this day and not that day comes under that not obligation.
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Sorry I deleted my rambling as I realized it was what you were alluding too but you replied before I submitted it lol.
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Originally posted by northernladuk View Post
No obligation to offer you alternative work while in contract or more work once current contract is finished.
All that being said, I read some guidance on HMRC site which referred to case history - and it all sounds completely subjective and whimsy.
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Originally posted by SpontaneousOrder View PostI don't think so for the reasons other have said.
But... surely the fact that you only get paid for days worked, and they have no obligation to offer you work on any given day regardless of whether the contract is still ongoing, then there is a lack of mutuality with regards to obligation?
I.e. the lack of mutuality of obligation is in fact what is making the notice period (in that direction at least) redundant. The client is not obliged to actually offer you work during the contract period.
Although that does just sound like a zero hours employment contract.Last edited by northernladuk; 6 August 2015, 23:12.
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I've agreed early termination by a few weeks in 3 contracts in the last 5 years, all due to the projects getting wrapped up early, in each case the client offered to honour the full term.
2005 I had a project completely cancelled, that one led to a contract termination with no notice, but since the project was canned on my recommendation I can't say it came as a shock. There was no offer of a notice period being paid that time.
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Originally posted by d000hg View PostIsn't taking a holiday exercising your MOO clause to tell the client "I won't be available to work these days", since the specific concept of holidays and time off isn't part of a B2B contract?
But... surely the fact that you only get paid for days worked, and they have no obligation to offer you work on any given day regardless of whether the contract is still ongoing, then there is a lack of mutuality with regards to obligation?
I.e. the lack of mutuality of obligation is in fact what is making the notice period (in that direction at least) redundant. The client is not obliged to actually offer you work during the contract period.
Although that does just sound like a zero hours employment contract.
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I have managed to get a few companies to pay up the notice period no problems
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Originally posted by WordIsBond View PostThis seems right to me.
The point of this exercise is to show the differences between contractors and permies, right? It's not relevant how we respond or would respond if terminated, what is relevant is to undercut their stupid comparisons. "Employee does this job and contractor does the same job so they should pay the same tax" -- without regard to the fact that contractor has risks and costs employee doesn't, etc.
Maybe it could be broadened a little. Options:
1. I have had one or more contracts terminated without warning / notice.
2. I have never been terminated without warning / notice, but I have worked on contracts where the engager had the right to terminate without warning / notice.
3. I have always had enforceable termination warning / notice protection on all my contracts.
Probably not a lot of us are in #1, but all of us are in #1 or 2, and permies are in 3.
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Originally posted by pr1 View Postif you're set on a yes/no answer, question should maybe be
have you ever had a contract terminated without warning/notice
The point of this exercise is to show the differences between contractors and permies, right? It's not relevant how we respond or would respond if terminated, what is relevant is to undercut their stupid comparisons. "Employee does this job and contractor does the same job so they should pay the same tax" -- without regard to the fact that contractor has risks and costs employee doesn't, etc.
Maybe it could be broadened a little. Options:
1. I have had one or more contracts terminated without warning / notice.
2. I have never been terminated without warning / notice, but I have worked on contracts where the engager had the right to terminate without warning / notice.
3. I have always had enforceable termination warning / notice protection on all my contracts.
Probably not a lot of us are in #1, but all of us are in #1 or 2, and permies are in 3.
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Originally posted by LisaContractorUmbrella View PostWhat sort of question would you suggest?
if you're set on a yes/no answer, question should maybe be
have you ever had a contract terminated without warning/notice
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Originally posted by northernladuk View PostAnd this is our representation??
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Originally posted by pr1 View Posttoo loose of a question, nluk will be all over it
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