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Previously on "Contracts terminated as policy"

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  • Cheshire Cat
    replied
    Originally posted by rootsnall View Post
    Most contracts I've bothered reading properly are also written in a way that if the client has no work to do and tells you they don't want you to come in tomorrow then there is stuff all you could do about it. ie. you won't get paid. I always assume I'm on 24hr notice that way you are never disappointed !
    I understood that this was a good clause to have (inasmuch as it is a useful indicator of being outside IR35).
    Doesn't this determine whether a MOO exists?
    Client is not obliged to offer you work, and you are not obliged to turn up if there is no work to do. Unlike an employment relationship, in which you are paid for being on site at available for whatever may come along, even during slow times. The employer is also obliged to pay their employees regardless of the amount of work there is.

    Leave a comment:


  • rootsnall
    replied
    Originally posted by CDM View Post
    What people need to understand is that, so long as there is a notice period clause in the contract, the contract is effectively never really longer than that notice period.
    Most contracts I've bothered reading properly are also written in a way that if the client has no work to do and tells you they don't want you to come in tomorrow then there is stuff all you could do about it. ie. you won't get paid. I always assume I'm on 24hr notice that way you are never disappointed !

    Leave a comment:


  • TheFaQQer
    replied
    Originally posted by Beefy198 View Post
    How often do you read about someone on here that are in the middle of a contract/just started one but are offered a higher paying role asking whether they should jump ship?

    Par for the course really.
    But usually, someone (or more than one person) will say that you should be professional and honour the contract.

    Leave a comment:


  • swamp
    replied
    Originally posted by Beefy198 View Post
    How often do you read about someone on here that are in the middle of a contract/just started one but are offered a higher paying role asking whether they should jump ship?

    Par for the course really.
    Quite often indeed!

    Leave a comment:


  • Beefy198
    replied
    How often do you read about someone on here that are in the middle of a contract/just started one but are offered a higher paying role asking whether they should jump ship?

    Par for the course really.

    Leave a comment:


  • expat
    replied
    Originally posted by Smurficus View Post
    Legitimate it may be, but I would think twice before going back in the future.
    That too would be legitimate.

    Leave a comment:


  • Solidec
    replied
    Originally posted by swamp View Post
    The annoying thing is I've turned down some strong possible roles because I'm 'in contract' until August. In reality I may be better jumping to an uncertain rolling three month contact than seeing out my twelve months here that may see me binned this afternoon.
    I always only sign 3 month contracts, it means you are never too far away from having options and being able to negitiate.

    Remember if they want to get rid, they will as they have the notice periods.

    Absolutely no benefit in signing up for longer than 3 months in my opinion.

    Leave a comment:


  • swamp
    replied
    The annoying thing is I've turned down some strong possible roles because I'm 'in contract' until August. In reality I may be better jumping to an uncertain rolling three month contact than seeing out my twelve months here that may see me binned this afternoon.

    Leave a comment:


  • Smurficus
    replied
    Originally posted by BlasterBates View Post
    As long that is in the contract I find it perfectly legitimate.
    Legitimate it may be, but I would think twice before going back in the future.

    Leave a comment:


  • BlasterBates
    replied
    As long that is in the contract I find it perfectly legitimate.

    Leave a comment:


  • CDM
    replied
    What people need to understand is that, so long as there is a notice period clause in the contract, the contract is effectively never really longer than that notice period.

    If you sign a contract for 6 months but there's a 2-week notice period, you're never really more than 2 weeks away from being let go. You are only there at the discretion of the employing entity.

    RBS recently used this to their advantage when they wanted to cut contractor rates across the board. What they did was to invoke the notice period for all the contractors and basically offered everyone new contracts at the lower rate. Some left but the majority stayed on at the lower rate.

    The moral of the story? Don't rely/depend on a contract lasting any longer than the notice period!

    If you think that signing a longer-term contract gives you more stability, this is also not necessarily true. Since rate changes usually only take place at the time of contract renewal, all a longer contract will buy you is the guarantee that your rate will not change until the contract is due for renewal.

    - CDM

    Leave a comment:


  • TheFaQQer
    replied
    My last client ("consultancy" I guess is how they would describe themselves) is the same. 25 of us got 6 month extensions in September; now there are 5 contractors left.

    I've always been of the opinion that the client is in their right to get rid of me if they think I'm rubbish, but I don't expect to be canned just because they can't budget or plan a project.

    However, that seems to be changing at the moment...

    Leave a comment:


  • BrilloPad
    replied
    Not sure about unethical. But it certainly gives them a bad reputation!

    Leave a comment:


  • swamp
    started a topic Contracts terminated as policy

    Contracts terminated as policy

    Current client has a nasty habit of terminating contractors they don't need mid-contract rather than waiting for contracts to expire, and yet they are still hiring the odd new role and giving out long-term contracts, which of course no one expects to be honoured.

    Seems a bit off to me. I know that many banks have cut rates mid-term, but terminating mid-contract as a normal business practice seems a bit unethical somehow.

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