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Previously on "Advice on Notice period in contract please"
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Dont start work until you read the contract. That way if you dont like a clause, you've better chance of getting it changed.
Notice clauses are normally determined by the end client. If they are happy to have a recipricol agreement then the agent will normally change it. If the client doesnt want it, the agent rarely agrees to change it.
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Would not stress it, client who wants to force a contractor to stay somewhere he does not want to be would not last long anyway
If you want to end early normally a quite word giving reasonable notice with the client is enough to get out of the contract. Agency might kick up a fuss afterwards but it will be just hot air
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Originally posted by richt5a View PostI have just received a contract for a role I started two weeks ago. All looks ok except for the termination clauses.
First clause says- “Company may terminate the contract immediately for any reason by giving written notice to the contractor”
Not nice but I’m broadly ok with that.
Second clause says:- The Contractor may only terminate the contract if
- The Company is in default of any agreed payments under the Contract and fails to remedy within 14 days of receiving a written demand from the contractor
- The Client fails to accord the Contractor reasonable access to premises, equipment, personnel or other information required for the Contractor to provide the Services
- And then only by giving the Company four weeks notice in writing.
So in essence I cannot give notice on the contract except under two exceptional circumstances.
Now I have no intention or plan to break the contract but who knows what circumstances might arise where it may becomes necessary to leave a contract. And I can’t believe any company would enter a contract with no legal way out of the contract to cover circumstances that may arise that they need to stop providing services.
Any thoughts welcome.
Simples...
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I have had a few contracts with "no termination" clauses. In my first contract, that was a huge pain in the arse.
But since then, I escaped from the last one by means of a (kosher) letter from my GP and assisting them to recruit my replacement and doing a hand-over. The client and the agent are still human; if your life turns to rat-tulip they will very probably understand.
It is intended to stop you buggering off to a higher paying contract; if a builder doing my conservatory did that I'd be pissed off so I can see the point.
If you really want to get out of the contract at short notice, that has come up a number of times in the past. Waving your willy at the receptionist gets recommended most frequently; other methods are available.
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I presume you are on about Computer People. You will many differing opinions from other contractors on this. I believe you may have been sent a standard set of terms and conditions. If that is the case, my argument would be that they are not enforceable because a court would find some conditions unfair. Years ago I contracted for CP with the same conditions and I jumped ship half way through. They threatened never to take me back as a contractor again. But a year later they did, and a couple of years later yet another one.
In these hard times I suggest you take it. The contract is with you Limited Company, if the worst comes to the worst; then fold up the company and start a new one.
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Advice on Notice period in contract please
I have just received a contract for a role I started two weeks ago. All looks ok except for the termination clauses.
First clause says- “Company may terminate the contract immediately for any reason by giving written notice to the contractor”
Not nice but I’m broadly ok with that.
Second clause says:- The Contractor may only terminate the contract if
- The Company is in default of any agreed payments under the Contract and fails to remedy within 14 days of receiving a written demand from the contractor
- The Client fails to accord the Contractor reasonable access to premises, equipment, personnel or other information required for the Contractor to provide the Services
- And then only by giving the Company four weeks notice in writing.
So in essence I cannot give notice on the contract except under two exceptional circumstances.
Now I have no intention or plan to break the contract but who knows what circumstances might arise where it may becomes necessary to leave a contract. And I can’t believe any company would enter a contract with no legal way out of the contract to cover circumstances that may arise that they need to stop providing services.
Any thoughts welcome.Tags: None
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