Reply to: What can i do in this situation (URGENT)

[cykophysh39]

I am really surprised that you're actually worrying about what it says in your contract. I have always worked on the basis that there is 24 hours notice either way on any contract. The agencies try put in a whole lot of gumpf in the contracts that has no resemblance to the actual agreements with their clients. I get all my contracts reviewed for IR35 purposes, and generally the company I use will always question the Notice period, and argue the toss. I have terminated contracts in the past, basically because better offers have come along. In some cases I have discussed with the clients and made arrangements to either finish outstanding work and go.

I have seen clients terminate contractors on the spot before too, Basically just called security to frog march him off site.

So in conclusion I never worry about the notice clause, I just keep in mind that everyday once you pass midday, is the ideal time to get sacked as they have to pay the full day rate. :-)

I'm no lawyer but, given it says:



and it also says:



that suggests to me you can serve notice and walk the same day. If you want the warm fluffy feeling, get it checked by a professional...

Thats how I'd interpret it as well. Never ever seen a contract like that with clauses that specific on termination days.

If It were me, I'd get a clear notice period in it for yourself that aligns to their's - keeps it simple.

Given that the agency are messing around on this, I'd insist on weekly invoicing so that you are never out of pocket. But in reality, you want the clauses equal.

The other way to skin this cat is to make the client tie the termination to work performance only - meaning they cannot just terminate for no reason whatosever. This gives you legal coverage should they terminate because they didn't have their coffee one morning as opposed to non-performance of contract....

[MarillionFan]

At the end of the day don't worry too much about it. As Sockie said earlier. Do the contract, if you want to quit you just don't turn up or you threaten to lamp the boss.

Agencies put the clause in to protect themselves, but nobody wants a malcontent representing them.

It's not a big deal.

[centurian]

I'm no lawyer but, given it says:

"Termination Notice Period 0 Days for the Company"

that suggests to me you can serve notice and walk the same day. If you want the warm fluffy feeling, get it checked by a professional...

It's extremely ambiguous, which makes it very difficult for anyone to sue over - in fact, they'd be unlikely to try, given how shaky their case would be.

[cojak]

We've given you as much information as we can it's now uptoyou to accept the contract or not.

[ratewhore]

I'm no lawyer but, given it says:

Either party may terminate these terms of engagement by giving the other party written notice as detailed in the Project Schedule.

and it also says:

Termination Notice Period 0 Days for the Company

that suggests to me you can serve notice and walk the same day. If you want the warm fluffy feeling, get it checked by a professional...

[amolchauhan]

Hi

I called up the agency and they say it means that i cannot give any notice. But, given that they have said it verbally and the written things obvious interpretation is I can walk away anytime, what would be considered??

[pmeswani]

Thank you guys.

They have just amended the contract as what was originally sent out to me. However, there is a clause as below which confuses me

Either party may terminate these terms of engagement by giving the other party written notice as detailed in the Project Schedule. These terms of engagement may also terminate by mutual consent if the Services provided by the Company are completed to the satisfaction of the Client prior to the Project Period end date.

Termination Notice Period 7 Days for Agency
Termination Notice Period 0 Days for the Company


Does this mean that
a)I can walk away without giving notice
or
b) does it mean I cannot give notice at all?

I do not want to ask the agency if it is option a.

Do let me know your comments

We can make assumptions for you, and end up being wrong. I would speak to the agency and ask them to explain the clause.

[Peter Loew]

Thank you guys.

They have just amended the contract as what was originally sent out to me. However, there is a clause as below which confuses me

Either party may terminate these terms of engagement by giving the other party written notice as detailed in the Project Schedule. These terms of engagement may also terminate by mutual consent if the Services provided by the Company are completed to the satisfaction of the Client prior to the Project Period end date.

Termination Notice Period 7 Days for Agency
Termination Notice Period 0 Days for the Company


Does this mean that
a)I can walk away without giving notice
or
b) does it mean I cannot give notice at all?

I do not want to ask the agency if it is option a.

Do let me know your comments

Never seen that one before. You could interpret it as meaning you can just walk away at any time with 0 days notice; however I am sure it is meant to stipulate that you are not allowed to give any notice, period.

[amolchauhan]

Thank you guys.

They have just amended the contract as what was originally sent out to me. However, there is a clause as below which confuses me

Either party may terminate these terms of engagement by giving the other party written notice as detailed in the Project Schedule. These terms of engagement may also terminate by mutual consent if the Services provided by the Company are completed to the satisfaction of the Client prior to the Project Period end date.

Termination Notice Period 7 Days for Agency
Termination Notice Period 0 Days for the Company


Does this mean that
a)I can walk away without giving notice
or
b) does it mean I cannot give notice at all?

I do not want to ask the agency if it is option a.

Do let me know your comments

[ratewhore]

Use your right to substitute or, failing that, you'll probably find that your contract, while it has a clause that you only get paid for the days you do subject to signed timesheet etc, there won't be a clause forcing you to go to work every day.

Not that I would promote not turning up for work of course...

[Sausage Surprise]

Who needs a notice period? Either stick it out to the end of the contract or if you have to leave sharpish just go and twat some **** at the watercooler.

Is the correct answer (or soemthing similar)

[DS23]

how many contracts have you needed to terminate?

[Sockpuppet]

Who needs a notice period? Either stick it out to the end of the contract or if you have to leave sharpish just go and hit some **** at the watercooler.

[Olly]

Who's the end client?
I signed a similar contract, rolling 3 months no notice period.
Something better came up 5 weeks in so I spoke to end client who were very reasonable about the whole thing.

I told them whatever happens I wouldn't be renewing which would have an impact on the project as I'd be far more ingrained and hard to replace by then and obviously from their point of view they don't want someone working there who can't wait to get out and is bitter from missing out on another opportunity.

They served me about 2 weeks notice. Actually it's 12 full working days but I can feel a bit illness coming on towards the end of the last week.

In short ...sign it