Termination period - Contract Clause

[LazyFan]

It matters not.
As there is bound to be a clause which stats you cannot bill the client if your not on site doing work for that time.

Thus the client serves notices of say 4 weeks and also refuses to let you back on site. As a result your now locked to the client (cannot get another contract) and you cannot bill for those 4 weeks as your not on site.

Of course people will go and get another contract straight away and not wait the 4 weeks.

But the real point here, is that they can get rid of you at any time. Just like you can stop paying a builder half way through their job and they will leave your site.

The only advantage of a notice clause for you, is it allows you to get a new contract elsewhere, which is the real reason Agents hate them.

[Moscow Mule]

IANAL but my understanding is that you've got two mutually exclusive clauses - as in this case - then before a judge, both would be struck out. Which would leave no mention of notice, or lack thereof, in the contract at all.

It depends where they are. If the second clause is in the schedule, it would normally take precedence since there (should) will be a clause in the schedule saying "where two clauses contradict then the schedule takes precedence".

Obviously the reverse could be true, but I've never had it in one of my contracts.

[cykophysh39]

Builders are more resoponsible and professional though not as well paid.
Fantastic for you guys you can wander into a gig earn a nice wedge, squeal about reciprocal rights and then clear off when it suits you without any repercussions whatsoever. Indian software houses just love you.

And we love them!

[DodgyAgent]

Do pimps get a good wedge from them

There was indeed a time when these Indian companies used to try and sell their services through agencies (some still do). Nowdays they are sophisticated enough to realise that essentially they are competing with contractors and that agencies really do not have a clue about what it is they do.

[thunderlizard]

Imagine a builder agreeing to complete an extension but wanting a mid contract "get out" clause?!

Or a Japanese software consultancy agreeing to complete a patient records system but wanting a mid contract "get out" clause?!

[BA to the Stars]

Builders are more resoponsible and professional though not as well paid.
Fantastic for you guys you can wander into a gig earn a nice wedge, squeal about reciprocal rights and then clear off when it suits you without any repercussions whatsoever. Indian software houses just love you.

Do pimps get a good wedge from them

[DodgyAgent]

Ah yes, the classic builder analogy.

I've got builders in soon on a fixed price piece of work. They are here to build a conservatory and then bugger off. I've not booked them to build stuff for a period of 6 months.

Hardly an analogy at all...

.

Builders are more resoponsible and professional though not as well paid.
Fantastic for you guys you can wander into a gig earn a nice wedge, squeal about reciprocal rights and then clear off when it suits you without any repercussions whatsoever. Indian software houses just love you.

[ratewhore]

Imagine a builder agreeing to complete an extension but wanting a mid contract "get out" clause?!

Ah yes, the classic builder analogy.

I've got builders in soon on a fixed price piece of work. They are here to build a conservatory and then bugger off. I've not booked them to build stuff for a period of 6 months.

Hardly an analogy at all...

To the OP, if you don't like the clause in the addendum, strike it out and initial it. then return the contract to the pimp. That way, you'll see how they feel about it one way or another.

[malvolio]

18mths, hence why i'm looking for something in there. i dont really have issues with no notice as i would sub if needed. just trying to get a clear understanding.

If you don't mind no notice, go with it. Far better option overall.

[scooby]

How long is the renewal for?

18mths, hence why i'm looking for something in there. i dont really have issues with no notice as i would sub if needed. just trying to get a clear understanding.

[DodgyAgent]

ok, its renewal time, and the pimp has agreed to put a reciprocal termination clause in the contract. they have amended the 'special conditions' box to read:



I'm happy with this.

However, they have made no mention to a clause within the addendum as follows:



I've asked them several times to reference the addendum clause in the special conditions, and point out that there is a ricprocal 4 weeks, as i feel this a conflicting clause to the contract. Am i correct in doing so, or will the main clause supersede the addendum?

basically, shall i continue being awkward, or just sign it?

Cheers in advance.

Imagine a builder agreeing to complete an extension but wanting a mid contract "get out" clause?!

[BrilloPad]

IANAL but my understanding is that you've got two mutually exclusive clauses - as in this case - then before a judge, both would be struck out. Which would leave no mention of notice, or lack thereof, in the contract at all.

So reasonable notice would apply? Is that 1 month in a 1 year contract?

[NotAllThere]

IANAL but my understanding is that you've got two mutually exclusive clauses - as in this case - then before a judge, both would be struck out. Which would leave no mention of notice, or lack thereof, in the contract at all.

[BrilloPad]

How long is the renewal for?

[scooby]

ok, its renewal time, and the pimp has agreed to put a reciprocal termination clause in the contract. they have amended the 'special conditions' box to read:

Points (a), (b) and (c) of Clause 9.4 shall be amended to read as follows: “This Assignment
may be terminated by Either Party upon giving the other 4 weeks notice in writing.”

I'm happy with this.

However, they have made no mention to a clause within the addendum as follows:

At the specific request of the above named Client, the following terms and conditions have been agreed as an Addendum that applies to the Terms and Conditions of Business for Contractors – UK Assignments.
If this Assignment relates to an employment business supplying the services of Personnel under the Terms and Conditions of Business for Employment Business Suppliers – UK Assignments, the word “Contractor” shall be replaced with the word “Supplier”

1. The Contractor accepts this Assignment is for a fixed term commencing from the Start Date to the End Date. For the avoidance of doubt the Contractor shall not be able to terminate this assignment prior to the End Date.

I've asked them several times to reference the addendum clause in the special conditions, and point out that there is a ricprocal 4 weeks, as i feel this a conflicting clause to the contract. Am i correct in doing so, or will the main clause supersede the addendum?

basically, shall i continue being awkward, or just sign it?

Cheers in advance.