Reply to: Contract assignment letter and Hays Contract

[Nibbles84]

Now had the contract amended with notice period.

The legal advice I'd obtained claimed that you still have chance to amend a contract after you start provide you raise any queries asap and don't sign. Obviously, it makes far more sense not to start at all until you've had all the paperwork through and your happy with everything - something i'll definitely be doing in the future.

You can't dick about like this. It's not rocket science to request everything you need, get it reviewed, negotiate and then make a decision. You are a CONTRACTor after all. Taking pot shots at it like this is just asking for trouble. You've signed the contract so you are done. Why would they then amend it to give you chance to bail out on them once you've signed?

I'm surprised qdos didn't mention anything about the contract being over a year with no notice. That sounds very much like the client wants a permatemp rather than a contractor to carry out a specific piece of work.

I'd be interested to see your work schedule as well. How they can detail your deliverables over a year without sounding like a job spec I'd like to see.

You've made your bed (rather badly) time to lie in it.

[Nibbles84]

Sorry just meant they issue a shorter contract which they can extend. Qdos said they can help negotiate and site previous examples of accommodating changes.

Qdos seemed more knowledgeable than independent contract solicitor

[northernladuk]

You don't want a rolling contract. That's not very good for IR35 but that said if the client says you can substitute that's a great indicator. Make sure you get that in writing and save it away just in case.
Remember providing a sub means you've got to get them upto speed on your time. The idea is you provide them with resource to carry on where you left off the day after with minimal interruption.

[Nibbles84]

Tried to get notice period, they originally said it was a reasonable request that they thought would be accommodated and they'd contact the client. Chased again and said they wouldn't accommodate it. Asked if they'd drop the term to a few months and roll it, so awaiting a reply.

Client said that providing a substitute was a best way out, but I might be able to get the client to push it with them.

[northernladuk]

Thanks for the advice guys. In all fairness it's not a bad contract, pay is decent and it's local to me.

I guess if all contracts with large clients are no notice and they won't negotiate on any terms, then what other choice is there.

Public sector always seems a bit more flexible but I wonder if people will want to work there with the proposed legislation.

So what's happened with your situation? Has anything moved?

[Nibbles84]

Thanks for the advice guys. In all fairness it's not a bad contract, pay is decent and it's local to me.

I guess if all contracts with large clients are no notice and they won't negotiate on any terms, then what other choice is there.

Public sector always seems a bit more flexible but I wonder if people will want to work there with the proposed legislation.

[northernladuk]

Dare I say it that other cant be arsed to disagree with you because all you get is grief off you in return???

Depends if they are going to put a reasoned statement together so we can have a hearty debate about it or just post some random brain fart.

[psychocandy]

Why not post your opinions on the matter rather than adding the most pointless post on the thread so far?

Dare I say it that other cant be arsed to disagree with you because all you get is grief off you in return???

[northernladuk]

if only

Why not post your opinions on the matter rather than adding the most pointless post on the thread so far?

[pr1]

It's impossible to argue with this crap so I'm done.

if only

[northernladuk]

Since when do agencies care about being "top of their profession". And they're business model involves doing what they can to ensure their income stream is protected and maximised.

Yes its a risk buggering about like this but agents know what they're doing and seem confident in their ability to blag out of it. And anyway, we always harp on that contract is contractor-agency and agency-client so any party can add or decline any clause in their relevant contract.

Just because client says 3 months, 1 week notice, does not mean that agency had to offer identical terms to contractor in THEIR contract. If they choose to do it differently then so be it.

It's impossible to argue with this crap so I'm done.

[northernladuk]

Seen it. And why not?

So client says to Hays - Tell you what we dont mind if you let contractors have one week notice.

Hays do what they did here and tell contractor no notice. One less thing that is going to the money rolling in (i.e. contractor giving notice). Might not be so easy to toss and replace contractor if he leaves - if there are agencies in on the pie.

Contractor is never going to find out unless they have specific discussion with client.

And the chances of mentioning notice period to the client is going to be pretty high so gonna be a double barrel to the foot if the agent is relying on the client not finding out.

Also, a year long with no notice gig. Is hardly going to pick the cream of the crop. It will also mean the contractor will be happy to screw the client over as they probably feel they are being screwed.. None of this is good for the client who is paying good money. Hays wouldn't be with them long if they were supplying second rate contractors because of selfish terms. It's just not good business.

Your agent hate us blinding you.

[psychocandy]

Probably bollocks as already pointed out. This is extremely short sighted and hardly a good business model when you are trying to be top of your profession. Their income stream is still fairly well protected as its highly likely they will be able to provide the replacement.... Unless they are caught buggering about with notice periods and the client goes elsewhere.

Since when do agencies care about being "top of their profession". And they're business model involves doing what they can to ensure their income stream is protected and maximised.

Yes its a risk buggering about like this but agents know what they're doing and seem confident in their ability to blag out of it. And anyway, we always harp on that contract is contractor-agency and agency-client so any party can add or decline any clause in their relevant contract.

Just because client says 3 months, 1 week notice, does not mean that agency had to offer identical terms to contractor in THEIR contract. If they choose to do it differently then so be it.

[psychocandy]

Well they would be right, granted for slightly arguable reasons in this case but still....


I call BS on this one. I can't believe for one minute Hays are making up termination periods that don't align with the clients. They get nothing from this except piss their client and get crap contractors. If someone gives notice they leave and Hays replaces them. It's not like they are used to it or anything.
More and more clients have non negotiable no notice contracts. Barclay's have has them for donkeys years. Probably something to do with mercenary contractors.

Seen it before with other agencies. And why not?

So client says to agency - Tell you what we dont mind if you let contractors have one week notice.

Agency tells contractor no notice. One less thing that is going to the money rolling in (i.e. contractor giving notice). Might not be so easy to toss and replace contractor if he leaves - if there are agencies in on the pie.

Contractor is never going to find out unless they have specific discussion with client.

[northernladuk]

Or as I said could be agency protecting their income stream against contractor leaving because they just got away with that.

At the moment, agent knows contractor can't leave so as long as client wants someone they're sorted and the money keeps rolling in.

Client may even be doing 3 months with agent and may not mind if contractor has notice period. The OP would never know. Hes on the hook for 12 months and assume agency have got a notice period if their client does not renew.

Probably bollocks as already pointed out. This is extremely short sighted and hardly a good business model when you are trying to be top of your profession. Their income stream is still fairly well protected as its highly likely they will be able to provide the replacement.... Unless they are caught buggering about with notice periods and the client goes elsewhere.