Notice Period - Unfair Contract ???

[Muttley08]

The contract actually says they I will claim damages if I terminate prematurely.

John

It's extremely unlikely that they will - but if you can't negotiate it out, and you really want out mid contract, then negotiate so that they agree to it...either

1. Make something up that will let you out gracefully (marriage problems / relative unwell etc)
or
2. Play hardball and explain why you want to leave, if they're still insistent, say if they make you stay, you're afraid your behavior will become disruptive (in which case they might sack you!)

I'm sure some members of the forum will suggest groping as many members of the opposite sex as possible around the office as a good way of having them terminate your contract anyway - Take your pic

[CheeseSlice]

It might help your contract to be outside IR35 pointer too.

that sounds like fiction to me.

[Wanderer]

As others say, try to negotiate but if they won't change it then don't panic too much about it. It's unlikely to stand up in court, let alone have a court award damages against your company. In any case, your company probably doesn't have any assets so there is no point in them taking you to court...

It might help your contract to be outside IR35 pointer too.

[SueEllen]

The contract actually says they I will claim damages if I terminate prematurely.

John

Negotiate so you can leave.

[cojak]

Then ask to negotiate or decline if you're unhappy with it.

[marple]

The contract actually says they I will claim damages if I terminate prematurely.

John

[Muttley08]

Try to negotiate, but I wouldn't worry too much about it - if you wanted out, it's not in their interests to keep you there unhappy and disruptive.

I've accepted this several times, in this climate, just be glad of the work.

[CheeseSlice]

For 3 months I would take the contract wihout a notice period, but this is a 12 monther! What if the clientco is full of obnoxious people? think of your sanity.
It should only be fair that you can have a notice period if the clientco has one, even if it means giving 30 days notice to allow them plenty of time to find a replacement and perform a handover.

My last contract was quite nice in that it already had a clause which applied equally to supplier and client: 5 days notice within the first 20 days, then 30 days thereafter.

In either case you should ensure that you have the 'force majure' clause, and payment terms clause (payment will be paid within X days of invoice date), to make it reasonable to get out if they start mucking you about.

[cojak]

Not a big deal for me, I quite like it in fact as it shows no MOO (Mutuality of Obligation).

But then I'm not a jumper, I leave at the end of my contracts and not before.

If it's close to home and a reasonable rate (for you - I have no idea if £350pd is or not), then negotiate but accept if they won't budge.

It is not an unfair contract, it's just a contract - you accept, negotiate or decline as you see fit.

BTW - my last contract was in the public sector and it had exactly the same notice period.

I accepted.

[NotAllThere]

A much discussed topic. If you don't like the terms, negotiate. As a hiring manager, I always tried to get no-notice period for contractors I took on, with me being able to get rid of them immediately. Sometimes, I had to pay a bit more to get that.

[achilles]

The contract terms are negotiable. You can go back to the agency and ask them to amend the contract terms in order to make them more balanced. They are probably even more eager than you for this to go ahead so they should be flexible.

Remember, the contract is between you and agency - you are not employed directly by the client.

[marple]

Hi

I just got a 12 month contract will a well know banking organization, the contract stipulates I am expected to see the contract out for the full twelve months but they can cancel the contract at any time! - I am moving from the public to the private sector so it is a great opportunity - I just don't like the terms - bitter taste in my mouth - £350.00 30 minutes form my house - what would you do ?