Notice Period

[mcquiggd]

When it comes down to it, a 30 day notice period to the agent and a 7 day notice period to yourself, normally means feck all.... especialliy if it involves Atos Origin or Alexander Mann.

If you are an experienced contractor you already know people who can give you the required legitimate references for your next gig. NEVER trust HR departments or managers, find people you know personally.

My referees range from government agencies to Microsoft owned consultances - but they are usually very senior technical people, or business people I have delivered systems to as end users, or people I really know I can trust, and worked alongside in senior roles. Never trust managers.

If you end up feeling its not the contract for you, discuss it with your line manager. From my previous experience they will normally come to an arrangement. Just remember my point about references though; as soon as a contractor is off a project they will be blamed for everything including the burning of the Reichstag, and youll neer work for that company, or even agency, again.

[malvolio]

Not what I'm saying. The client wants the job done at minimum risk to himself, irrespective of any other considerations. So having an assymetric notice period is to his benefit and not yours. Good for IR35 (a little), but not necessarily good business practice - think of the plumber analogy: you want him to finish the job, but you want to be able to dump him quickly if he's messing about.

It makes more sense if you are delivering something, rather than providing manpower, of course, but in the end it is basically a good thing

[dork]

...
Anyway, what intention do you have of walking early on a negotiated contract? The last guy that did that to me never got a reference, which didn't help him with his next contract...

Well, as much intention as the client, which is hopefully no intention whatsoever. However, contracts are there to agree what to do in unforseen circumstances....

I suppose in the end it comes down to human nature and how you deal with people. I prefer the honest approach myself, which probably leaves me open to abuse......

[malvolio]

Think about it - if you cannot terminate but the client can, is that not evidence of financial risk on your behalf, in that while you have to complete the work, the client is under no obligation to do so, nor any obligation to pay you for doing so.

Fninancial risk is a business pointer, ergo a non-IR35-caught one.

Anyway, what intention do you have of walking early on a negotiated contract? The last guy that did that to me never got a reference, which didn't help him with his next contract...

[dork]

I just got my first contract through and the notice period is 7 days for the Agent/Client and 30 days for me, The Supplier.

Does this sound right? Is it worth fighting over?

[boredsenseless]

p.s. I signed the contract...the dosh was good and the 'employer' seemed like like a good sort....which is nice

Loosely translated : I went into his office, and there was a lovely picture of his stunning 18 year old daughter at university.

[Moose]

Bonking the teenage daughter

Well that's cleared that up then.

Noticed that further into the contract it states 28 days either way, so the bit at the begining of the contract didn't really matter.

Cheers chaps

p.s. I signed the contract...the dosh was good and the 'employer' seemed like like a good sort....which is nice

[mcquiggd]

Ive had several contracts where I technically couldnt give a notice period. On the one occasion where I really wanted to leave, the client and I came to an amicable arrangement where I spent two weeks writing documentation and performing a handover... I got a reference and the client seemed to at least appreciate my honesty.

They dont want an unhappy contractor, and will probably just agree a notice period despite what the contract says.

Unless they are bastards, in which case you bonk the (legal) teenage daughter of your manager - in reference to an earlier thread.

[XLMonkey]

The agency have said that this clause is in there to make it more IR35 friendly from the contractors point of view as notice periods are indicitive of employment....Does this hold water?

Not really. It's true that notice periods are indicative of employment, but the agent appears to have got it the wrong way around. Any form of notice period is indicative of employment (i.e. the 10 days notice they have to give you), and what matters rather more is the notice that the client has to give you, rather than what you have to give them.

Besides which, the clause requiring you to continue to work until the end of the contract would (I think... no legal expert) actually make it more likely that your relationship was one of employment (since your notice period is effectively x months, where x is the remaining time left on the contract).

With that said, notice periods are only one of the factors that indicate IR35 status; so it might not matter that much if the rest of the contract makes clear your rights of substitution and control over the work.

More relevant is whether you really want to be tied into the contract to the bitter end. I guess at least it means you'll keep earning....

[Moose]

Ir35

The agency have said that this clause is in there to make it more IR35 friendly from the contractors point of view as notice periods are indicitive of employment....Does this hold water?

[Xenophon]

Sometimes. I would ask that you have the ability to give notice. I have it in mine. Might be good to get a little more than 10 days notice from them too.

[Moose]

Just got a contract through from Network IT.

Under 'Notice Period' it reads...
...Network IT Recruitment shall give the service provider 10 working days notice of termination. The service provider may not give notice and is obliged to work the full term of the contract

Is this normal?...it's the first time I've seen it?