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.
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Reply to: probation period on contract????
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "probation period on contract????"
Collapse
-
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.
Leave a comment:
-
Originally posted by northernladuk View PostI 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.
Leave a comment:
-
Originally posted by jmo21 View PostSo 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.
Leave a comment:
-
Originally posted by northernladuk View PostA 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.
Leave a comment:
-
Originally posted by northernladuk View Post
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.
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.
Leave a comment:
-
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 anywayLast edited by northernladuk; 22 July 2011, 17:24.
Leave a comment:
-
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???
Leave a comment:
-
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
Leave a comment:
-
probation period on contract????
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.Last edited by SPURSN17; 22 July 2011, 15:45.Tags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: