New Role, No contract signed

[tim123]

I've just received a contract which states that the 'service provider is obliged to work the full term of the contract period'

Is this frequently used, and should I challenge it to be 28 days or something?

TIA

It's as frequently used as they think they can get away with it.

Whether you should challenge it depends upon how much it might cost if you want to break such a clause.

tim

[tim123]

In other words they can hold you to the contract notice period by getting you to pay the fees they can't collect because you broke the contract and caused them pecuniary loss.

No, these aren't two different ways of saying the same thing.

They are completely different, that is the point.

tim

[tim123]

Spot on.

UK contract law is quite clear on this with the 3 basic requirements:-

Offer - You obviously received this
Acceptance - You've been working there so that's a given
Consideration - You've been paid (or I hope so)

Consideration does not have to be paid for the contract to exist, it only has to be offered.

It doesn't have to be money (indeed the contractors "consideration" within the contract is not money),

and it doesn't have to be "sufficient" (I.e it doesn't have to be what a reasonable person would expect it to be).

tim

[pmeswani]

I've just received a contract which states that the 'service provider is obliged to work the full term of the contract period'

Is this frequently used, and should I challenge it to be 28 days or something?

TIA

Why 28 days? If you are able to "Negotiate" the termination date, it should be 7 days at best. However, it isn't unusual.

[Badger]

I've just received a contract which states that the 'service provider is obliged to work the full term of the contract period'

Is this frequently used, and should I challenge it to be 28 days or something?

TIA

[FiveTimes]

Could the agency enforce my notice period (1 month)?

That's a bit of a steep notice period for a contract, can't you negotiate this down or get rid of it ?

[TykeMerc]

Don't get me wrong, I don't plan to walk out, just to find out if I have to serve my notice, if the client wants me to, I always would

Very sensible.

[stingman123]

In other words they can hold you to the contract notice period by getting you to pay the fees they can't collect because you broke the contract and caused them pecuniary loss.

True they can't shackle you to a desk, but it's very bad business to just walk out on a contract without giving and serving the appropriate contracted notice.

Don't get me wrong, I don't plan to walk out, just to find out if I have to serve my notice, if the client wants me to, I always would

[TykeMerc]

They cannot legally . (Someone posted a link to the agency regulations up a while ago which stated the agency has to pay you for the work that is done.)

However they can threaten to sue you for breach of contract and make you settle on the amount which is equal to your notice period.

In other words they can hold you to the contract notice period by getting you to pay the fees they can't collect because you broke the contract and caused them pecuniary loss.

True they can't shackle you to a desk, but it's very bad business to just walk out on a contract without giving and serving the appropriate contracted notice.

[SueEllen]

The agent can hold you to your notice period

They cannot legally . (Someone posted a link to the agency regulations up a while ago which stated the agency has to pay you for the work that is done.)

However they can threaten to sue you for breach of contract and make you settle on the amount which is equal to your notice period.

[TykeMerc]

you may not have signed the contract, but you have accepted it by turning up and working under it. So the agency could enforce whatever sanction they have in the contract. Whether they will or not is a different matter.

Spot on.

UK contract law is quite clear on this with the 3 basic requirements:-

Offer - You obviously received this
Acceptance - You've been working there so that's a given
Consideration - You've been paid (or I hope so)

The agent can hold you to your notice period and it would be bad business (in my opinion) if you didn't honour that. If you want to leave be honest with your client and the agent and do your best to hand things over in the most professional means possible.

[stingman123]

Thanks,

In the words of most contestants on Millionaire "that what I thought"

I'm fine to stay here, just keeping my options open

[ASB]

Not really that new I suppose, been here for 2 months and although I have recieved my contract from the agency, I have never signed it, mostly due to the fact that I forgot and only remembered a few days ago. I work away from home otherwise I would've signed and returned it.

However sod's law and all that, I've been asked if I would be interested in a role local to my home and I'm not sure what to do.

I like where I am and the money is good, however, with this new role, I would see my wife and kids every night. I've never "jumped" a contract before and I always like to leave a client on good terms. If I was offered the new role, would I be breaching any T&C's? Could the agency enforce my notice period (1 month)?

you may not have signed the contract, but you have accepted it by turning up and working under it. So the agency could enforce whatever sanction they have in the contract. Whether they will or not is a different matter.

[stingman123]

Not really that new I suppose, been here for 2 months and although I have recieved my contract from the agency, I have never signed it, mostly due to the fact that I forgot and only remembered a few days ago. I work away from home otherwise I would've signed and returned it.

However sod's law and all that, I've been asked if I would be interested in a role local to my home and I'm not sure what to do.

I like where I am and the money is good, however, with this new role, I would see my wife and kids every night. I've never "jumped" a contract before and I always like to leave a client on good terms. If I was offered the new role, would I be breaching any T&C's? Could the agency enforce my notice period (1 month)?