Talk to an employment lawyer. It depends upon your overall situation. You don't really give enough information for anybody to produce an entirely sensible answer which can be known to fit your circumstances.
Broadly the DTI regs allow you to give notice to your employer. That is likely (but not necessarily) the umbrella you appear to be using.
So, it's quite clear. You can leave in 4 weeks in the absence of a notice period in your contract of employment (or no written one) . The question then is what happens next. You cease turning up at your employers client. Is there any comeback on you?
Quite likely. depends on the contracts you have signed.
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Face it, you're not a real contractor, you're just a permie who wanted more money. Now you've realised the grass isn't as green as you thought it might have been and you want out. Or have I got it completely wrong? Doesn't anyone read their contracts before signing them? If you want a holiday, ask the client. If it doesn't muck up their schedules, they'll be fine about it. If you want to leave because you think you can get more money elsewhere, then you might as well go back to permiedom, because we've all signed contracts and then been offered another £50 a day somewhere else, but that's all part of the game. Elsewhere on this forum there's a cry for help from someone whose contract got terminated after a week. tulip happens, if you want to be a contractor, you take the good with the bad. If you don't like it, there's a nice soft bed waiting for you in permieland.
Whatever you do decide to do, don't ever come on here again whingeing about "contractors rights". That really pisses me off. You want rights? Go permie.
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Put yourself on the other side. If you engaged a builder to do you a two story side and back extension and after a month he tells you he's going to take four weeks off, what would you think?Originally posted by DrContractorLeave a comment:
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You're a business selling a service so if you don't want to turn up you don't have to dress it up as a sabbatical or holidays or whatever. Realistically, if you value your reputation then it's best to discuss with client and let their opinion guide you as to what you will do...
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????
any ideas anyone?
could i jsut take a 4 week holiday from now? how does that work?Leave a comment:
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Holidays
so the holidays section in my contract with the brolly states:
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Holidays
you are entitled, in addition to the normal public holidays to take four weeks' holiday in each holiday year, which runs from January to December, and you will be paid your normal basic remuneration during such holidays.
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No mention of sabaticals?Leave a comment:
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sabatical
what does "flick em a twin" mean? ha
so, what is being said, is, unless it states otherwise in my contract with my brolly company, i am quite able and legal to say i shall be taking a sabatical from x until x?Leave a comment:
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Certainly, you say 'I'm not available for x period'. If the client moans flick em a twin - there'll be more work waiting around the corner...
RW in blindly optimistic mode
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sabatical leave
Or is there a format for asking for a sabatical leave?Leave a comment:
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sabatical
thanks once more for your info.
Therefore, can one just simply take a sabatical without notice?Leave a comment:
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With the usual proviso that I am not a lawyer nor do I claim to have any expertise here, the short answer is yes.Originally posted by DrContractor
As long as your contract does not forbid it or asks you to make prior arrangements.
I would advise that you go down the friendly route first, talk to people and ask to be released rather than doing anything devious.
You are in a reputation based business and are only as good as your last contract. If you get a rep for walking or being stroppy then agents will not touch you and clients will find out.
Be professional, you are bound by your contract but if all reasonable roads have been travelled then you have to make a decision based on what is best for you and your business.
Dont just bail because you have had a better offer!
That is what gets the rest of us a bad name.Leave a comment:
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Sabatical?
thanks for your reply.
My contract does not say anything about sabatical?
Can i simply just state i am doing that then?
can i just say i am going on holiday?
can i go sick?Leave a comment:
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This has been covered a lot on here and has generated a number of arguments.
It is complicated as you are an employee of your brolly, but are contracted to the client. The legislation covers your employment but not your conteractor status. You might need to take legal advice.
If you realy want to leave then have a word with your line manager at the client. They wont want you to stick around if you are not motivated.
You may have a problem if you contracted for set deliverables as opposed to cost plus.
If nobody is listening then tell them you are going to take a six months sabatical, as long as your contract doesnt limit your holidays, they will drop you instantly. If they refuse just dont turn up but be prepared to have to fight for any outstanding payments, it is your money but htey will be awkward.
Failing that my advice has always been to smack your line manager in the mouth or get caught sexualy harrasing the secretary, or if she is game get caught giving her the benefit on the bosses desk.Leave a comment:
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Statutory rights contractors notice period
I am in an existing contract that runs for 5 months from the end of January 2006 until the end of May 2006.
My contract does not allow me to give notice, therefore it assumes that I will work until the end of my contract.
However I was reading some employment laws on the DTi and AdviceGuide.org.uk websites, and came across a section that stated that if a notice period was not included in the contract, then the employee can give what is deemed as a reasonable period of notice (i.e. this could be based from payments, monthly or weekly etc).
Does this statutory right apply to contractors? Or only perm people?
If not, then what are my options? Simply to work the contract or can one just leave? Agent is Spring.
The other problem, or issue to consider, is that the contract is with Spring and my management company, and i am technically an employee to my management company, as i am on a PAYE scheme and trust payments. My contract with the management company does state a 4 week notice period, but also has a clause in it that states i may have to work to thrid party contracts etc etc.
help?
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