The best is to speak to your agency. They may be prepared to pay you out however if performance is the issue then the chances of getting paid for the 7 day notice period are slim.
When you do speak to your agent, find out the full reason behind them letting you go so that you can prevent similar scenarios from arising in the future.
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Previously on "Early termination of contract regardless notice period - is it legal?"
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They will normally have a clause about immediate severance due to inadequate performance. This is something you've admitted to so take it on the chin, learn from it and move on. Either to another contract or back into a perm role if you feel that you need more training.
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I assume you have a clause in your contract saying no signed time sheet no pay. They can give you notice but ask you not to work. Exactly the same outcome.
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Originally posted by MisterLysenkiy View Post
So I happens that agencies may state any notice periods in the contracts and later easily avoid that just giving one day notice regardless of what's stated in contract?
If your performance is unacceptable to the client then there will be a clause in the contract where they can give you immediate notice. In some contracts this clause also means the client can get away with not paying you for any work you have done, so you should always retain some proof that you delivered something.
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Is this another sockie!? Aren't there enough post recently on this subject without someone else starting yet another thread?
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Originally posted by MisterLysenkiy View PostAnyway, the question is not about that, but about responsibility of the agency for breach of their terms in contract. You may simply substitute my reason with something like "we've run out of budget and cannot pay anymore".
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Originally posted by eek View PostIf I was delivering a good product and the client was happy I would expect notice, delivering rubbish with an unhappy client I would take today's money as a bonus.
Although I've never been in that boat as I make sure I deliver
Anyway, the question is not about that, but about responsibility of the agency for breach of their terms in contract. You may simply substitute my reason with something like "we've run out of budget and cannot pay anymore".
So I happens that agencies may state any notice periods in the contracts and later easily avoid that just giving one day notice regardless of what's stated in contract?
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Originally posted by MisterLysenkiy View Post"Agency may terminate the contract with 7 days' notice of termination. The service provider is required to work the full length of the contract." (which is 1 month )
Originally posted by MisterLysenkiy View PostHow do I get being paid for the notice period mentioned in the contract?
Originally posted by MisterLysenkiy View PostWhat are my actions? The first thing coming into my head is asking the client to confirm contract termination by his initiative from today in writing (email).
How should I deal with the agency? Agency itself is working with this client for a longterm and probably might not want to break relationship with them.
Originally posted by MisterLysenkiy View PostShould I still come to client tomorrow?
Originally posted by MisterLysenkiy View PostI think that's not quite fair, as if the same could happen from my side they could easily sue me for breach of the contract. Additionally, thinking like that simply removes the sense of having notice period, doesn't matter what they state - it is still one day? It's absolutely not fair and looks like play-in-one-gate-game.
Originally posted by MisterLysenkiy View PostHas anyone got the experience of getting the compensation of the agencies in such cases?
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Originally posted by eek View PostIf I was delivering a good product and the client was happy I would expect notice, delivering rubbish with an unhappy client I would take today's money as a bonus.
Although I've never been in that boat as I make sure I deliver
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Early termination of contract regardless notice period - is it legal?
Originally posted by MisterLysenkiy View PostI think that's not quite fair, as if the same could happen from my side they could easily sue me for breach of the contract. Additionally, thinking like that simply removes the sense of having notice period, doesn't matter what they state - it is still one day? It's absolutely not fair and looks like play-in-one-gate-game.
Has anyone got the experience of getting the compensation of the agencies in such cases?
Although I've never been in that boat as I make sure I deliver
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Originally posted by eek View Postyou have no mutual obligation and no work is forthcoming so you are flogging a dead horse. Take the money including today's bonus and find something else...
Has anyone got the experience of getting the compensation of the agencies in such cases?
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Originally posted by MisterLysenkiy View PostDear Colleagues,
To start with, today in the morning coming on client site I was given verbal notice of termination of contract, explaining that they are not actually happy with my code delivery timings (partly true) and some lack of communication within a team.
Client tech lead told me that they want to suspend my services from the moment and has been following me rest of the time till I left the office. I mentioned him I have 7 days notice period, however he did not react to it and has signed my timesheet up to today inclusively.
My current contract states notice peroid as the following:
"Agency may terminate the contract with 7 days' notice of termination. The service provider is required to work the full length of the contract." (which is 1 month )
So what should I do in this case? I have nothing against working out my notice period, but clients does not me to present on site (probably he's worrying as some stupid people could make some sort of silent revenge or so). How do I get being paid for the notice period mentioned in the contract?
What are my actions? The first thing coming into my head is asking the client to confirm contract termination by his initiative from today in writing (email).
How should I deal with the agency? Agency itself is working with this client for a longterm and probably might not want to break relationship with them.
Should I still come to client tomorrow? As I do not, I can be blamed for not comleting the agreement (as there's no written confirmation of that)
Any advice on that?
Thank you!
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Early termination of contract regardless notice period - is it legal?
Dear Colleagues,
To start with, today in the morning coming on client site I was given verbal notice of termination of contract, explaining that they are not actually happy with my code delivery timings (partly true) and some lack of communication within a team.
Client tech lead told me that they want to suspend my services from the moment and has been following me rest of the time till I left the office. I mentioned him I have 7 days notice period, however he did not react to it and has signed my timesheet up to today inclusively.
My current contract states notice peroid as the following:
"Agency may terminate the contract with 7 days' notice of termination. The service provider is required to work the full length of the contract." (which is 1 month )
So what should I do in this case? I have nothing against working out my notice period, but clients does not me to present on site (probably he's worrying as some stupid people could make some sort of silent revenge or so). How do I get being paid for the notice period mentioned in the contract?
What are my actions? The first thing coming into my head is asking the client to confirm contract termination by his initiative from today in writing (email).
How should I deal with the agency? Agency itself is working with this client for a longterm and probably might not want to break relationship with them.
Should I still come to client tomorrow? As I do not, I can be blamed for not comleting the agreement (as there's no written confirmation of that)
Any advice on that?
Thank you!Tags: None
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