Reply to: Termination clauses? bit strong?

[Wanderer]

These are days I have worked. The timesheets are being singed off as I speak and will be invoiced on the 7th December. Would I be ok to leave on that day?

No it isn't OK to just leave. Go and talk to your client talk to them first. Coming to an amicable agreement with regards to terminating the contract is always the best way to go. Once you've done that, speak to the agency and tell them what's going on.

Be aware that the agency will try to pocket all or part of your final payment and if you opted out of the agency regulations then you are going to have a fight on your hands. Get the client on side first and you are in a much stronger position to fight the agency if they try it on.

[SueEllen]

Any more info on point b) would be appreciated. I would like to know if I ended my contract without notice to the client, will I get paid for the days I have ALREADY worked?

If you are opted-in and can prove that you worked those days then you can get paid.

However first of all you will probably have to argue with the agency that you are opted-in to the regulations, then you would have to prove, preferably with some sort of documentation, that you worked those days. Finally you have to be willing to take the agency to court for your money and risk a threat of them countersuing.

It's easier to get the client to terminate you.

[johnnygarv]

These are days I have worked. The timesheets are being singed off as I speak and will be invoiced on the 7th December. Would I be ok to leave on that day?

[northernladuk]

Any more info on point b) would be appreciated. I would like to know if I ended my contract without notice to the client, will I get paid for the days I have ALREADY worked?

Are you talking about days you have worked or days you have signed timesheets for and invoiced.

If they are just worked and no signed timesheets and you breach your contract you have no hope of getting your money..

If they are signed and invoiced on last day of month and you go on 1st day you are legally entitled to them but have fight on your hands to get it.

Can you be a bit more specific.

[johnnygarv]

Any more info on point b) would be appreciated. I would like to know if I ended my contract without notice to the client, will I get paid for the days I have ALREADY worked?

[SueEllen]

thats just common sense really, they're still the paying client (once they do eventually pay!)

It may be commonsense but a good idea to get in writing in the contract so you can use it if you have a dispute.

[Spacecadet]

It's normal to give them a 5 to 10 day leeway in sorting out payment issues. So it would be the period stated above plus 5 days.

thats just common sense really, they're still the paying client (once they do eventually pay!)

[explorer]

Faced with all that stuff I would be inclined to replace the lot with "client can terminate with no notice for no reason at all", and charge a bit extra for the privilege.
If a client really wants to terminate ASAP for whatever reason, and their only option is a misconduct clause, they might decide to concoct a story in that direction and I wouldn't want that to happen.

+1...couldn't agree more..

[Wanderer]

I had my first contract terminated on immediate notice because the client said "we're not happy" and there was a clause that said they could terminate if they weren't happy. Didn't have to provide an explanation, and I never got one - just moved on to a better paid, more interesting contract. I was gutted

Spoken like a true contractor.

[TheFaQQer]

WHS...Ideally, however, sub-clause (d) should be taken off. In case the supplier (OP) isn't able to "satisfy" the client (doesn't necessarilty mean the supplier is incapable, could happen, for ex, when he gets a tw*t as his boss at the clientco), it should go the notice route. After all we, as a business have the right to protect our commercial interests in the same way as the clientco/agency. While some of these other termination sub-clauses like misconduct, breach etc might warrant the supplier to be off-site immediately, but in case the client isn't happy, for any reason whatsoever, they should give the supplier the notice (per contract), so that he gets some time to find another job..

Oh, and btw, successfully managed to persuade my last agency to take this sub-clause off the contract, based on the same argument.

Good point and worth a try.

I had my first contract terminated on immediate notice because the client said "we're not happy" and there was a clause that said they could terminate if they weren't happy. Didn't have to provide an explanation, and I never got one - just moved on to a better paid, more interesting contract. I was gutted

[thunderlizard]

Faced with all that stuff I would be inclined to replace the lot with "client can terminate with no notice for no reason at all", and charge a bit extra for the privilege.
If a client really wants to terminate ASAP for whatever reason, and their only option is a misconduct clause, they might decide to concoct a story in that direction and I wouldn't want that to happen.

[explorer]

seem overly strong to me

Sample these (haven't signed them yet, but still..):

The Company may terminate the Agreement forthwith should;

the Client find the Service Provider to be negligent, inefficient, or technically unsuitable;
the Client advise the Company that the Service Provider’s Consultant(s) has, in its reasonable view, committed an act of misconduct which makes it unacceptable for the Client to continue to use the Services;
the Client fail to make payment to the Company in accordance with any of its agreements with the Company for the provision of Services. For the avoidance of doubt this Sub-Clause is not restricted to the Client’s failure to pay for the Service Provider’s Services provided pursuant to the Agreement;
the Service Provider breach any term of the Agreement and fail to remedy any such breach (where capable of remedy) within seven days of notice being given by the Company to the Service Provider requiring remedy and/or commit persistent minor breaches of the Agreement;
the Agreement between the Company and the Client fail to commence for whatever reason;
the Service Provider and/or its Consultant(s) be convicted of a serious criminal offence which, in the opinion of the Company, could affect the Company’s reputation;
a receiver, administrative receiver, administrator or similar officer be appointed to the Service Provider or any part of its assets or undertaking, or the Service Provider go into liquidation;
the Service Provider be unable to fulfil the Agreement, as required for any reason;
a receiver, administrative receiver, administrator or someone of similar office be appointed to the Client or any part of its assets or undertakings, or the Client go into liquidation;
the agreement between the Client and the Company be terminated forthwith by the Client for any reason.

[explorer]

They all seem standard to me. Nothing rings any alarm bells from those.

WHS...Ideally, however, sub-clause (d) should be taken off. In case the supplier (OP) isn't able to "satisfy" the client (doesn't necessarilty mean the supplier is incapable, could happen, for ex, when he gets a tw*t as his boss at the clientco), it should go the notice route. After all we, as a business have the right to protect our commercial interests in the same way as the clientco/agency. While some of these other termination sub-clauses like misconduct, breach etc might warrant the supplier to be off-site immediately, but in case the client isn't happy, for any reason whatsoever, they should give the supplier the notice (per contract), so that he gets some time to find another job..

Oh, and btw, successfully managed to persuade my last agency to take this sub-clause off the contract, based on the same argument.

[BolshieBastard]

Thoughts on these clauses, seem overly strong to me and no notice period payment?

Termination without notice
The Contractor’s engagement under this Agreement may be terminated forthwith at any time before the expiry of the Contract Period without notice and without the payment of compensation in any of the following events namely:

(a) if the parties mutually agree to such earlier termination, or

(b) if the Contractor shall neglect or fail or refuse or be unable to provide the services, or

(c) if the contract between the Company and the Client is cancelled or frustrated before commencement, or

(d) if the Contractor fails to satisfy the Client that the Contractor has the qualifications, skills, ability and experience necessary for the carrying out of the Project under the management of the Client and to the satisfaction of the Client, or

(e) if the Contractor shall be guilty of any serious misconduct or a fundamental breach of the terms and conditions of the Agreement including, but without prejudice to the generality of the foregoing: any serious misconduct, breach of confidentiality, failure to adhere to Client’s procedures or code of practice, and for incompetence; incapacity; wilful disobedience of reasonable orders or dishonesty;

If you have payment in lieu of notice in your contract, its a strong pointer to employment. And that's a fact.

Other than that, seeing as both parties have to agree to the termination except in the examples quoted, it means its unlikely, imo, the agent will let you terminate.

[SueEllen]

The client/agency shall pay invoices within x working days (you'll need to agree on x)

or if the agency has a specific invoice and payment schedule then reference that in the contract:
The agency shall pay invoices in line with the payment schedule agreed with the contract terms.


The Consultancy may withdraw or suspend any Services if any invoice submitted to the agency remains unpaid after the period specified above.

It's normal to give them a 5 to 10 day leeway in sorting out payment issues. So it would be the period stated above plus 5 days.