Able to terminate?

Re: Stick it out

Yep, as my illustrious colleagues have mentioned - it can boil down to sh*t- shovelling.

Be very careful about walking out of your first contract - IT contracting is a smaller world than you imagine and if word gets out that you walked without explaining why to the client it could be a while before you get another one...

(I've just binned a CV - the guy had a 'relaxed' attitude to turning up on his last contract and was released early, didn't include that in his CV though!)

Re: Stick it out

as i said i've only just started contracting, i need project management experience, (i'm a JPM) not the glorified data entry they've got me doing here...

Sheesh! At least data entry is better than trying to look busy when there's nothing to do.

If the rate is good enough (free coffee & preferably a subsidised canteen assumed), then a decent contractor will see the contract out.

Various things I've done on contracts:

Collected the milk from the canteen (tea boy).
Fixed coffee machines (mechanic).
Moved office (removal man).
Fixed broken furniture (furniture delivery man).
Swept up (cleaner).
Run folks to train stations and airports (chauffeur).

Oh yes, nearly forgot to mention:

Data entry (punch card operator, though I never did get the hang of talking about soaps all day long).

Re: Stick it out

clearly i'm not going to tell them about the other interview!

as i said i've only just started contracting, i need project management experience, (i'm a JPM) not the glorified data entry they've got me doing here...

Re: Stick it out

It can't be that hellish if you've managed 7 weeks, have a chat to the client and depart asap without upsetting anyone. Even if you did a bunk this afternoon without saying a word I very much doubt there'd be any leagl problems, I've never heard of that happening ! If you are just bored then start spending most of your day on this site as other more experienced contractors do !

Re: Stick it out

...could you be more specific, because contracting is all about "shovelling sh*t", so if the money is OK and you're working your 40 hours and free coffee is provided, then the rest is incredibly unimportant,

i.e. whether you're editing XML files or architecting a multi-threaded server, I mean who cares, you'll lie anyway on the CV (coz you're a real contractor ).

But of course id they promised free coffee and you're not getting it, then I understand. I would leave forthwith if that were the case.

Re: Stick it out

They dont need to know about the other interview.

Best thing to do is talk to your manager. If he/she is reasonable then you wont have any problems.

If they arent...then that opens a whole new can oh worms (tm).

Mailman

Re: Stick it out

i've got an interview for another contract next week as well, so i could see how that goes..

That will just make it look as though you are jumping ship for more money and no one will believe a word you say otherwise. If you really cannot stomach staying there, you must bring it up as soon as possible. Don't take any notice of what anyone else says, and don't mention that others "are saying the same" during your meeting. This is a matter for you and your client.

Re: Stick it out

thanks a lot..

i've been here about 6/7 weeks - others are doing similar jobs to me and are thinking the same, so i think it is worth talking to the client. i've got an interview for another contract next week as well, so i could see how that goes..

Re: Stick it out

In that case, just talk it through with the client. Tell them that the agent told you the work that needed doing was 'x' whereas you are doing 'y'. You may or may not get a straight answer. The client may also say there is another project doing 'y' that we could move to.

Just talk it through with your client contact. Be polite, but firm. They will not make you stay if you don't want to, but it is your responsibility to show that you are professional and this is no fault of yours.

How long have you been there? It won't look good if you've said nothing for months. Consider also if you need a reference of some sort.

Re: Stick it out

the contract is til the end of the year, which seems a hell of a long way away at the moment!

as far as getting the client to fire me, i think it's possible, they seem like reasonable people, and my PM even admitted to me that he was looking for other work... but you never know..

the legal route isn't one i want to go down, far too much aggro..

erk!

Thanks for your advice tho...

Re: Stick it out

I think you need to sort it out with the client and get them to agree you can leave, and then get the agent to hopefully confirm in writing or atleast in an email. The only time it happened to me was were I was told I was tidying some work up that was basically finshed. Once I got on site I realised it was the project from hell and I was the umpteenth contractor who'd sat in the hot seat. I reviewed what needed doing in my first few days and gave them a 10 fold plus increase on the estimates in place. The client managers went up the wall and demanded the work be done in a week and were desperately looking for a scapegoat. I made it clear it wasn't going to be me and if they weren't reasonable I might aswell leave now. Various threats were bandied around between client, agent and me and I was told I couldn't leave. I pointed out they could keep paying me if they wanted to but hinted I wouldn't be breaking my balls to try and achieve the impossible ie. a go slow. In the end they frantically interviewed again and got someone else to turn up a few days later. I demanded and got an email from the agent saying I could go on a handover to the newbie and off I went into the sunset !

Stick it out

How long is the contract for? Probably worthwhile sticking it out if you haven't got long to wait. No need to p1ss off the client, the agent and/or both unless you have to. Other than that:

1. You could ask the client to "fire" you.
2. You could formally notify the agent you believe they are in breach of contract by virtue of having misrepresented the work required and get legal on them.

Neither of these is desirable unless you are totally unable to continue what you are doing.

Remember, this advice is worth exactly what you paid for it.

Hey - I'm a first timer contracting and the job I've been given has been totally misrepresented by the agency I'm working for, so I want out. I'm having some trouble trying to decipher the meaning of my termination clause in my current contract, does anyone have an idea of what it means?

Term and Termination

9.1&nbsp &nbsp &nbsp &nbsp The Services shall be provided during the periods specified in the Assignment Schedule unless otherwise agreed. The duration of the initial Assignment may be extended by agreement in writing between the parties and these Terms, unless excluded in writing shall be deemed to apply to such extended Assignment period(s).

9.2&nbsp &nbsp &nbsp &nbsp At the end of the initial Assignment, Best shall be under no obligation whatsoever to offer further work to the Contractor, and the Contractor shall be under no obligation whatsoever to accept any further work, if offered.

9.3&nbsp &nbsp &nbsp &nbsp Best shall be entitled to terminate the Assignment forthwith without notice or liability at any time in the event of any of the following:

(a)&nbsp &nbsp &nbsp &nbsp The Client requests the Personnel to be removed from the Assignment (and such Personnel are not replaced under Clause 3.2 hereof);

(b)&nbsp &nbsp &nbsp &nbsp The Client terminates an Assignment by reason of the Personnel’s misconduct, unauthorised absence, unsuitability, lack of technical ability, lack of performance, persistent minor breaches of these Terms or Client rules and regulations;

(c)&nbsp &nbsp &nbsp &nbsp References, approvals, certificates, clearances or consents referred to in clause 1.4 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 intended Start Date of the Assignment;

(d)&nbsp &nbsp &nbsp &nbsp The Client fails to contract with Best for the Assignment within 14 days of the Start Date on the Assignment Schedule, or the Client cancels the Assignment at any time prior to the Start Date;

(e)&nbsp &nbsp &nbsp &nbsp Career or personal references are unsatisfactory to Best or the Client;

(f)&nbsp &nbsp &nbsp &nbsp It transpires that the Contractor, 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).

&nbsp &nbsp &nbsp &nbsp The Contractor accepts that termination under sub-clauses 9.3(a) to 9.3(e) shall arise as a direct result of the unilateral decision/action of the Client, and it shall have no complaint or claim against Best as a result.

9.4&nbsp &nbsp &nbsp &nbsp Unless varied in the Assignment Schedule of any Addendum/Appendix, Best may terminate the Assignment without cause and for whatever reason by giving written notice of:

(a)&nbsp &nbsp &nbsp &nbsp Five calendar days if the Assignment has not commenced, or is of 8 weeks or less duration;

(b)&nbsp &nbsp &nbsp &nbsp Fourteen calendar days if the Assignment is for more than 8 weeks but less than or equal to 26 weeks duration;

(c)&nbsp &nbsp &nbsp &nbsp Twenty-eight calendar days if the Assignment is for more than 26 weeks duration.

&nbsp &nbsp &nbsp &nbsp As an alternative, Best may make to the Contractor a payment in lieu of notice, such payment being the amount of charges that would have been invoiced by the Contractor for all working days during the period of notice Best is obliged to provide under the Assignment.

9.5&nbsp &nbsp &nbsp &nbsp Either party shall be entitled to terminate an Assignment forthwith by notice in writing to the other party, if the other party shall commit or allow to be committed:

9.5.1&nbsp &nbsp &nbsp &nbsp any material or irremediable breach of any of the Terms; or

9.5.2&nbsp &nbsp &nbsp &nbsp any other breach of the Terms (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&nbsp &nbsp &nbsp &nbsp Save for the bona fide purpose of solvent reconstruction or amalgamation, if any action, application or proceeding is taken in respect of either party for (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, the other party may without prejudice to any of its other rights, terminate the Assignment forthwith by notice in writing.

9.7&nbsp &nbsp &nbsp &nbsp Notwithstanding anything herein contained Best shall be entitled to immediately terminate the Assignment by notice in writing to the Contractor in the unlikely event that Best exercises its option to terminate its agreement with the Client for the Services of the Contractor, by reason of (1) the Client’s material breach of contract or (2) 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.

9.8&nbsp &nbsp &nbsp &nbsp Termination of an Assignment 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 at the earliest opportunity.

9.9&nbsp &nbsp &nbsp &nbsp Termination of an Assignment 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.


From what i can make of it, under 9.1 I can make an agreement with the Agency to cut short the contract. Or under 9.3a I get the client to tell the agency they don't want me anymore.

Also - does anyone have any idea what happens if you go on long term sick - in effect terminating your contract, do agencies want proof? do they sue you for breach?

Thanks!