Contract Advise Please

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Not So Wise replied

8 July 2010, 13:56
As others have said, just tell them (client and agency) and give them reasonable notice (if they have notice period on their side just match that*).

Agency might bitch but unless you leaving will sink a massive project or something client should play ball as no upside in forcing someone to work for you if they don't want to

*Just beware, if there is no notice required from client side it is not unheard of for a client in a tiff to turn around and say "sod your two weeks’ notice, i am ending this contract today", but that’s the risk you run when you sign crappy contracts
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SueEllen replied

8 July 2010, 13:42
Originally posted by achilles View Post

I am not a lawyer but I believe all contracts must be balanced to be legally binding. If the client can terminate your contract with immediate effect and you have no right to give notice whatsoever, this is not a balanced contract.

They don't have to be balanced they just have to be reasonable.

That's why it's up to you to get your contract checked out before you sign it by a lawyer.

Many agencies and companies shove in unbalanced terms and it's up to you to sort them out so they are reasonable.
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achilles replied

8 July 2010, 13:09
I am not a lawyer but I believe all contracts must be balanced to be legally binding. If the client can terminate your contract with immediate effect and you have no right to give notice whatsoever, this is not a balanced contract.

At the end of the day they do not owe you - if you give a month's notice citing unmanagable travel reasons you should be alright.
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SueEllen replied

8 July 2010, 12:11
It won't overrule the contract as it's not part of the contract.

However if the agency bothered to put in writing that they would allow you to leave if the site is too hard to get to then talk to them.

BTW If you have a substitution clause in your contract there is nothing stopping you for advertising for your replace and leaving once they are in place.
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jjpowell2007 started a topic Contract Advise Please

8 July 2010, 09:42
Contract Advise Please

I'm currently 3 months into a 6 month contract. My contract says I cannot give notice to the agency. However the agency did send me an email before I started the contract saying that if I found the traveling to hard each week, then I could cancel. Is this email legally binding and can it overule the contract and allow me to leave as I am finding the traveling very hard.

Thanks
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