probation period on contract????

[Hex]

It's the "probationary" term that would worry me. It suggests to me that they are vetting your personally and not your limited company. This would suggest any "right of substitution" you have in your contract is null and void.

I would try to get any reference to this removed and just let them give you immediate notice to terminate the contract. Alternatively, if they still want the 3 month thing give them the right to give immediate notice for the first 3 months. That would allow them to get rid of you.

I suppose you could argue that "probabtionary" refers to the company rather than the individual, but I think it suggests employee rather than company. Another option would be getting that word removed and changed to trial period.

[Scrag Meister]

No reason a client wouldn't want to have this sort of clause in the contract.

A guy interviewed at my first clientco and it was determined that he was either an absolute genius or a complete knob.

As it turned out he was the latter and was duely released with effect immediatley.

The clause had been specifically written into the contract so he could be immediately released anytime during the first month, he was let go after 3 days!!!!!

He did make it in on day 4 too, only because the agent couldn't get hold of him during the evening of day 3.

[thunderlizard]

I don't think a probationary period is a permie thing. Large global contracts can give the client the ability to terminate the supplier with resonable reasons in the early stages of the contract.

as can small non-global contracts, like the 7-day cooling off period you get when you buy a toaster. Though possibly the wording "probationary" doesn't bode well.

[northernladuk]

So you're thinking it's an immediate termination clause for any reason in first 3 months?

Without more info from OP it'll be hard to judge.

That's what I reckon, unless it is a chance to let them go after the three months but that would be more like a 3 month contract with an extension so I think it will be as you say. If there was no immediate termination in that period what is the point of having it in?

[jmo21]

A couple of people have mentioned this in threads over the last few months so definately exists. I don't think a probationary period is a permie thing. Large global contracts can give the client the ability to terminate the supplier with resonable reasons in the early stages of the contract.

I don't think it is unreasonable. If I was taking someone on I would like to be able to word something in to get shot of them quickly if they are crap. Although if it were my contract I wouldn't like it in.

Have you checked the rest of your contract? Could be a total ignorance of contracting ways if you are the only contractor?

And how would they boot them off site without a clause in the contract allowing them to do so? They could either terminate immediately for gross misconduct or give notice which I would think in this case will be a pretty long one. This gives them a middle option of getting him out quick with no particular reason early on.

So you're thinking it's an immediate termination clause for any reason in first 3 months?

Without more info from OP it'll be hard to judge.

[SueEllen]

And how would they boot them off site without a clause in the contract allowing them to do so? They could either terminate immediately for gross misconduct or give notice which I would think in this case will be a pretty long one. This gives them a middle option of getting him out quick with no particular reason early on.

I suppose it's just a different way having the clause that in the first x weeks either party/client can terminate with 1 day/weeks notice and the after the x weeks x days notice are needed.

However it does sound like it's drafted by someone who is only use to drafting permie employment contracts.

I would personally get the contract reviewed.

[northernladuk]

A couple of people have mentioned this in threads over the last few months so definately exists. I don't think a probationary period is a permie thing. Large global contracts can give the client the ability to terminate the supplier with resonable reasons in the early stages of the contract.

I don't think it is unreasonable. If I was taking someone on I would like to be able to word something in to get shot of them quickly if they are crap. Although if it were my contract I wouldn't like it in.

Have you checked the rest of your contract? Could be a total ignorance of contracting ways if you are the only contractor?

I agree, it sounds very permie to me too. I haven't come across that written in a contract, I don't see the point as if the contractor is cr@p they would boot them off site anyway

And how would they boot them off site without a clause in the contract allowing them to do so? They could either terminate immediately for gross misconduct or give notice which I would think in this case will be a pretty long one. This gives them a middle option of getting him out quick with no particular reason early on.

[jmo21]

Could be a fixed-term contract?

Must be.

OP what kind of rate are you?

[kingcook]

current contract is a 12month contract with the first 3 months being probationary period and the remaining 9 month are rolling

Could be a fixed-term contract?

[SPURSN17]

yeah.Stuck in a tiny office with another IT (brown-nosing) perm guy.very weird atmosphere.Wonder if me not renewing after 3 months would count as not completing the contract???

[PinkPoshRat]

I agree, it sounds very permie to me too. I haven't come across that written in a contract, I don't see the point as if the contractor is cr@p they would boot them off site anyway

[SPURSN17]

Anyone ever come across this??

current contract is a 12month contract with the first 3 months being probationary period and the remaining 9 month are rolling.thought this would just be a permy thing to have....only contractor on remote site so big perm atmosphere.