Originally posted by Cirrus
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Reply to: Contract Termination
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Previously on "Contract Termination"
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Originally posted by Smokey01 View PostMy contract was recently renewed (23/02/2016) for a further 2 months, and subsequently 2 days later terminated.
Originally posted by Smokey01 View PostI am curious as I am owed over 1 months salary as it stands
OK, today is 29/02/16, 4 days after the last day you worked for the client.
Can you tell me how come you are owed for one month?
Can you tell me why it was terminated?
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Originally posted by MrMarkyMark View PostErrrm, doesn't this concern you, at all
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Originally posted by Cirrus View PostIt may be the same answer but that doesn't make it gospel. In my experience you may get the full period of your notice or possibly some token shorter period. I've had my contracts terminated - often because they are unhappy with me - and I've never had a no timesheet/no pay situation so I would always assume I was getting something and act in that fashion although contractually there is no obligation.
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Originally posted by northernladuk View PostIt's advice you are looking for and you didn't read or understood what I put.
Your contract will state no pay without a signed timesheet. You have no time sheet, you don't get paid. It's written in your contract. You don't need anyone legal to break that down for you.
This question is asked endlessly on here and it's always the same answers.....
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Originally posted by Smokey01 View PostI am with AMS and have a generic AMS contract.
Did you need to pursue via MCOL/courts, or did they simply agree and pay PILON?
I am curious as I am owed over 1 months salary as it stands
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Just to clarify where do we stand if we are unable to complete/sign a final time sheet? Bad form from the client and would assume this would be enforceable through the courts, just a lot of hassle.
To OP you'll unlikely get any money for work not done.
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Originally posted by cojak View PostThen I suggest that ask in a solicitor's forum, opinions are all you'll get here.
If you want a definitive answer you need to go to court.
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Originally posted by Smokey01 View PostI am curious as I am owed over 1 months salary as it stands
If you are going to fight the contractual terms at least understand the basics before you try. If they get a sniff you don't know what you are doing you won't have a chance.
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Originally posted by BrilloPad View PostAnother case where a contractor has done the right thing. Behaved morally. But will probably have to go through a huge fight to get what is in their contract. And that fight will. E costly.
Prof yet again that contractors should look after number one.
I wish the OP luck in picking up a new gig.
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Another case where a contractor has done the right thing. Behaved morally. But will probably have to go through a huge fight to get what is in their contract. And that fight will. E costly.
Prof yet again that contractors should look after number one.
I wish the OP luck in picking up a new gig.
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Originally posted by Smokey01 View PostSurely the contract is legally binding, in which case the notice period stands?
Otherwise what is the point in the contract?
What I am seeking is legal advise rather than opinions.
Thanks.
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Originally posted by ASB View PostYou cannot know that. It may or may not.
in my experience contract will say "no payment tor work without timesheet".
The question is whether that precludes payment for a notice period one is not allowed to work. This is a very different thing.
There are a number of people (self included) who have done other than simply roll over and have persued their contractual rights. In my case I did it under the generic Alexander Mann contract.
Did you need to pursue via MCOL/courts, or did they simply agree and pay PILON?
I am curious as I am owed over 1 months salary as it stands
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Originally posted by Smokey01 View PostWhen does the notice period legally begin?
What am I legally entitled to re pay?
My contract states 1 weeks notice, so beginning when as I haven't been formally advised yet.
Thanks.
Now did you breach any of those clauses?
If you did then you don't get paid notice and are lucky they haven't come after you for a refund of the money they have already paid your company.
If there is a clause stating they will terminate immediately if the project gets dropped then you won't necessarily get notice.
The only way to find out is to talk to the client manager. If the client manager refuses to engage with you then you get paid sod all and there is no point chasing it further.Last edited by SueEllen; 28 February 2016, 19:20.
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