Reply to: Not allowed to give notice

[Lance]

99.9% of all contractor substitution clauses are a sham anyway since they almost always require the client to approve of the sub first.

rubbish.

The client insisting that they approve the substitute does not make the clause a sham.

The agency refusing to let you send the substitute, possibly makes it a sham.
Unless you follow up immediately by terminating the contract, without notice, for the agency breaching the contract. It's no longer a sham at that point.

[psychocandy]

Not really. Generally you want to leave a gig early to start another so JSA doesn't come in to it.

You fill in the forms and leave the JSA jokes to us.

In all seriousness, apart from the time mentioned above where I did try to leave early (and as I said, it fell through), I've actually NEVER left a gig early.

[billybiro]

Cost to find a replacement
Loss of billing while they find a replacement
Any penalties they incur from their client should the work be delayed because of your departure
Costs to on board new starter

Cant think what else.

But pulling your chain aside you should still be able to get out through negotiation. If you give them reasonable notice and it's in a lull they'll be pissed off but doubt they will sue you.

Best way is to send in a sub if you have that ability in your contract (you do have the ability to do that in your contract don't you?) - Mind you, 99.9% of all contractor substitution clauses are a sham anyway since they almost always require the client to approve of the sub first.

Failing that, OP can "get out" by not getting out. By that I mean that, just as a client can tell you on a given day that there is no work available for that day and thus you as a contractor cannot invoice for that day, so too can you as a contractor simply inform the client that you are "unavailable for work" on a given day and won't be invoicing the client for that day. Cuts both ways.

Repeat this every day until either the contract expires or the client gets cheesed off enough to terminate the contract for you. You haven't, technically, breached the contract, but the client is likely to be less than pleased.

[northernladuk]

FTFY

BUT I've never done that i.e. gone on the sick to bail from a gig. I just might have thought about it once!

Not really. Generally you want to leave a gig early to start another so JSA doesn't come in to it.

You fill in the forms and leave the JSA jokes to us.

[psychocandy]

[Suity]Leave a steaming turd on the hiring mangers desk[/suity]

[MF]Punch the agent in the face

[PC]Go off sick and then claim JSA[/PC]

[MJR7987]Get a sick note 6 months ago for something might happen somewhere in the future[/quote]

There you go. Loads of options.[/QUOTE]

FTFY

BUT I've never done that i.e. gone on the sick to bail from a gig. I just might have thought about it once!

[northernladuk]

[Suity]Leave a steaming turd on the hiring mangers desk[/suity]

[MF]Punch the agent in the face[/quote]

[PC]Go off sick[/PC]

[MJR7987]Get a sick note 6 months ago for something might happen somewhere in the future[/quote]

There you go. Loads of options.

[psychocandy]

OP - not being funny but noticing theres no notice clause after you've started is a bit silly? Didn't you read it first?

Not unusual though - I've had it. BUT, you read the contract BEFORE you sign, try and negotiate stuff you really don't like, if its still there then you decide whether to go ahead or not based on this.

I had a gig for a few years on this basis i.e. I took it knowing there was no notice period.

Only problem I had was my Dad was ill and this contract was a fair step away from home. Out of the blue a local one came up.

The people onsite at the client were good as gold - contact was likely not going to be renewed in two months so they were ok about it and we negotiated me leaving early. Until someone at head office got involved and basically made it awkward. At this point, I couldnt say tough Im giving notice.

New gig fell through in the end (long story) but they did make it awkward. It got to the point where I nearly had to just say "tough, sue me, I wont be in".

[valleycom]

First things I look for when I check my contract is 1) Notice Period 2) Rate 3) Hours of work 4) Payment Terms. Doesn't take long to check these, it's all the other waffle that is a bind.


Not sure of legalities but you can get out of any contract, as others have said get a substitute if you can't see it out and then everyone is happy.

[Old Greg]

Hi, I started a Contract via a consultancy last month, however I've noticed in my contract that there doesn't seem to the ability for me to provide notice before the contract end date. The consultancy also pays a month in arrears, and I've heard through a colleague that they will try to retain some of my wages if I try to leave before the contract end date. Does anyone have experience of a similar situation, or know the legality of this?

Many thanks

Nammy

No need to terminate the contract. Advise them that you are on holiday for the rest of the duration of the contract. If they protest, send a sub. If they still protest, advise them that your doctor has advised you to stop washing. Then stop washing.

[Pat Phelan]

Contract to perm gigs... .. Yuk.

Indeed! Done one once and walked away, never again! It's either contract or not. It also puts the contract part straight into IR35 territory.

[northernladuk]

I had a similar thing when contracting with UBS through an Agency. The clause said "0 days notice period". However I learnt that it was the Agency that put such a clause.

When I wanted to change that clause, I waited till EOD and informed the Agency that I will not be providing services from the next day.

Agency said I have to serve full contract period - pointing out zero days, I argued that I cannot because its zero days (i.e not 1 week, not 4 weeks but 0 days) :-). I offered to continue, only if the clause was amended to a specific time duration. Eventually they amended :-).

We've had quite a few threads confusing zero notice vs no notice periods. Badly worded contracts like yours in most cases.

[BigDataPro]

I had a similar thing when contracting with UBS through an Agency. The clause said "0 days notice period".

When I wanted to change that clause, I waited till EOD and informed the Agency that I will not be providing services from the next day.

Agency said I have to serve full contract period - pointing out zero days, I argued that I cannot because its zero days (i.e not 1 week, not 4 weeks but 0 days) :-). I offered to continue, only if the clause was amended to a specific time duration. Eventually they amended :-).

However I later learnt that it was the Agency that put such a clause not the client.

[northernladuk]

Contract to perm gigs... .. Yuk.

[Nammy]

I might just stick it out. It's not that I'm after more money, but that I'm looking to relocate to be closer to my partner (currently only seeing each other at weekends) and jobs in her neck of the woods don't come up very often, and lo and behold, a month after I take this role, a job comes up, initial 4 month contract with an option to go permie afterwards.

Ho hum,

Thanks again folks, much appreciated

[northernladuk]

You could just find a suitable substitute, train them up on your time and the you can leave and everyone is happy... Or did you not check to see if your contract has a sub clause?