Reply to: No notice period

[northernladuk]

Update:
Took the role. Got the agency to change the contract. They wouldnt change the notice period but added a line to say contractor is not liable for anythign should they leave before the 6months is up due to unforseen circumstances.

Just have to wait for the bunfight to see if you both agree what an unforseen circumstance is. As it stands to you that covers absolutely everything. You getting pissed off with the contract and leaving is technically unforseen at this point. To the agent unforseen will be hurricanes, earthquakes and acts of god only.

So IMO you haven't really solved anything and there is going to be a battle if the worst happens whatever you do.

[MonkeysUncle]

Update:
Took the role. Got the agency to change the contract. They wouldnt change the notice period but added a line to say contractor is not liable for anythign should they leave before the 6months is up due to unforseen circumstances.

[JustKeepSwimming]

WTF are you taking - outside of the Military (which we've already covered) notice periods and everything else is civil / contract law...

I didn't say otherwise? The prison comment relates to...

what are the penalties for not obeying in the army?
I don't think you are shot at dawn any more. Court martial and dishonourable discharge?

[northernladuk]

WTF are you taking - outside of the Military (which we've already covered) notice periods and everything else is civil / contract law...

He's just being inneresting.

[eek]

You go to prison...

Notice periods are enforceable.

WTF are you taking - outside of the Military (which we've already covered) notice periods and everything else is civil / contract law...

[NotAllThere]

You go to prison...

You are wrong. If you want to continue the argument, do so in General.

[Lance]

You go to prison...

Notice periods are enforceable.

60

[JustKeepSwimming]

what are the penalties for not obeying in the army?
I don't think you are shot at dawn any more. Court martial and dishonourable discharge?

So like I say, they can't force you. But they can make it expensive and unpleasant, just like a client can do. So yeah, quite similar.


Anyway. You are

You go to prison...

Notice periods are enforceable.

[Lance]

One shouldn't speak in absolutes!

That there ^^^^^^^ is absolute....

[Lance]

His Majesty's armed forces would like a word.

what are the penalties for not obeying in the army?
I don't think you are shot at dawn any more. Court martial and dishonourable discharge?

So like I say, they can't force you. But they can make it expensive and unpleasant, just like a client can do. So yeah, quite similar.


Anyway. You are

[JustKeepSwimming]

Very much an exception not the rule....

One shouldn't speak in absolutes!

It's still not really true as a general rule. Whilst you can not be physically forced to work against your will, you absolutely can be punished for not doing so.

[eek]

His Majesty's armed forces would like a word.

Very much an exception not the rule....

[JustKeepSwimming]

it's a pointless clause as it's not enforceable in any way. Inside IR35 is a job, and since slavery was abolished it is not possible to force you to work. If you've had enough just don't turn up.

His Majesty's armed forces would like a word.

[dx4100]

So just to update

Spoke to agent, they said the no notice is to protect me, the client has to keep me on for 6 months and i am expected to stay for 6 months. If I leave before then I am liable for losses.

Agent said all the other contractors have signed this.

I have gone back and said I don't know what's going to happen 5 months down the line. Circumstances may change and I have to give notice i dont want to be liable for this for a change outside of my control.

The agency legal team has basically come back and said the umbrella is your employer, we have asked them to speak to you.

Credit to my umbrella (the one often recommended on here) they are agreeing with me and have gone back and said it should say either immediate or a timeframe set.



because I have also been asked to sign it and agree to the terms

Unless you are fool or desperate. Don't sign it and ask for a resonable notice period to be put into the contract.

If they won't do it then I would highly suggest letting this one go. Life is too short to be stuck in an awful contract with no escape (or least not an easy one).

I take with a pinch of salt other people telling me what is and isn't legally enforceable. In the end its me that has to defend / fight it and you shouldn't really sign anything you don't agree with or will stand by. Make your own judgement call.

In the end the client wants you so I would bet they will probably buckle in the end and stop being ridiculous. And if not, thats contracting. You don't have to do anything you don't want to do.

[dx4100]

I would never sign a contract without some level of notice period on the agreement. I prefer 0 day notice periods.