Reply to: No notice period stated

[walterboy]

Thanks for the replies and apologies for the delay in replying.

I checked with the agent and they told me that I "need to give 7 working days notice". This is not stated in the contract anywhere so not sure where they got that from.

They do however (as mentioned) have a clause stating that as the contract is with my limited company, I can replaced the contractor if I wish.

As I happens, I dont think I will be leaving early but another contractor has just given 1 weeks notice and the agency has accepted it.

[Grinder]

Is there a substitution clause in the contract? In which case, say that you as director of xxx ltd will be sending someone else in your place, for the remainder of the contract.

They probably didn't realise you can do that - and probably wont like the idea.

[TheFaQQer]

Can you recommend any good ways to get fired?
(Other than getting found in a gimp suit in the ladies toilet by your female boss?)

Ring in and tell them that you've broken a leg and will be off work for six weeks.

If they say that they will wait for you, then after five weeks ring them and tell them that it's a complex compund fracture and you'll be off for another 10 weeks.

That should take you through to the end of the contract.

HTH.

[KentPhilip]

But to be honest, if you want out but don't want to be in potential breach of contract, it's very easy, get fired

Can you recommend any good ways to get fired?
(Other than getting found in a gimp suit in the ladies toilet by your female boss?)

[lambrini_socialist]

Where?

just screwing with you

[Not So Wise]

It is generally accepted that if there is notice period on agencies side but none on contractors side that the agencies notice period would apply if it ever went to court, but afaik it has never gone to court

But to be honest, if you want out but don't want to be in potential breach of contract, it's very easy, get fired

But my recommendation is just talk to client (not agency) and tell them you wish to leave, they will generally accept it (unless you leaving it REALLY going to screw them up) as no one with more than 2 brain cells really wants to keep someone in position they don't want be, just in case they aim for the "get fired" method and do a lot of damage in the process

Reason you talk to client and not agency first is because agency don't give a damn about the above, they just want their commission

The whole "endeavour" is agency covering their ass, either because they have virtually no notice period in their contract with client (just a verbal agreement) or to cover them in case client just does not pay them, so if they want to pull you out they are not stuck paying you for nothing for a further 4 weeks. But yes it also means that by the letter of the law they are no obligation to give you any notice period, only that they will "try"

[pmeswani]

Hi

Where do I with giving notice on a short term contract where no notice period is stated on the contract?

It only states that the agency will "endeavor to give me 4 weeks notice of termination" which doesnt even sound like they have to.

Thanks

If you agreed to a clause that only allows the agency to terminate, then that is something you were happy with when you signed the contract. You can ask the agency to terminate the contract with you, but you cannot, by the sounds of things, terminate the contract with the agency.

Also, is there a clause that says that the client has to pay you if there is no work?

[Fred Bloggs]

Irrelevent for short term stuff < 3 months total

Agreed.

[Turion]

Zero notice period is good, IMO, versus IR35.

Irrelevent for short term stuff < 3 months total

[Fred Bloggs]

Zero notice period is good, IMO, versus IR35.

[Grinder]

How 'short' is the term?

[BrilloPad]

Is there any obligation to provide you with work?

[TykeMerc]

actually i think there saying they can terminate there assignment's whenever they want

Where?

[lambrini_socialist]

actually i think there saying they can terminate there assignment's whenever they want

[TykeMerc]

There is an implied clause that you should also endeavor to provide 4 weeks notice should you wish to terminate.