Speak to your agency, in case they decided they didn't want to forward you the notice.......
if your agency has nowt to say on the matter then flag it up with the client
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Reply to: Need Some Advice - A bit of a quandary
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Previously on "Need Some Advice - A bit of a quandary"
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Frankly I'd say nowt and turn up. Worst they can do is terminate same as if you flag it.
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Originally posted by AnthonyQuinn View PostI am hoping some of you might have a view on my situation. Just wanted to get some tips on how to handle it.
My current contract runs till the 6th of January 2012. The client retains the right to terminate with one week's notice.
Currently the Project manager has no plans of any work for me post this week, 16th Dec 2011. The whole team is being disbanded as all deliverables are being completed. The Project manager isn't aware of my contract situation I feel. No-one is expecting me to turn up for work on Monday next.
Do I just continue as if nothing has happened and turn up to work on Monday. Or do i raise it with the client partner (who is responsible for contracts and timesheets). or raise it with the agent. i am not sure what the Client Partner's reaction will be when he sees a timesheet turn up next Friday. On the other hand I want to let sleeping dogs lie and not trigger the notice above till the client actually proactively do so. Especially as Christmas is coming up and it will be difficult securing contracts for a while.
Any thoughts appreciated.
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Originally posted by TheFaQQer View Post<pedant>
The client should have notified the agency. The agency should then have notified the OP in writing.
</pedant>
For the sake of a week, I would point out to the client that if they don't want you around next week, they should have terminated in writing to the agency with the week's notice.
Then play the nice guy and "let them off" - have the extra week off and leave on a good point. Hopefully they will remember that you wrote off the week of payment when they look for more resource in the future.
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Originally posted by TheFaQQer View Post<pedant>
The client should have notified the agency. The agency should then have notified the OP in writing.
</pedant>
For the sake of a week, I would point out to the client that if they don't want you around next week, they should have terminated in writing to the agency with the week's notice.
Then play the nice guy and "let them off" - have the extra week off and leave on a good point. Hopefully they will remember that you wrote off the week of payment when they look for more resource in the future.
My 2p.
Dave.
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Originally posted by Scrag Meister View PostHave they given you notice in writing? or any other concrete form.
The client should have notified the agency. The agency should then have notified the OP in writing.
</pedant>
For the sake of a week, I would point out to the client that if they don't want you around next week, they should have terminated in writing to the agency with the week's notice.
Then play the nice guy and "let them off" - have the extra week off and leave on a good point. Hopefully they will remember that you wrote off the week of payment when they look for more resource in the future.
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Originally posted by Wanderer View PostIt sounds like they have effectively given you a week's notice. Give them a gentle reminder that it was supposed to be in writing.
Have they given you notice in writing? or any other concrete form.
It sounds not, as you seem to be confused about turning up on Monday.
I would speak to your sponsor to confirm one way or the other.
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Originally posted by AnthonyQuinn View PostCurrently the Project manager has no plans of any work for me post this week, 16th Dec 2011. The whole team is being disbanded as all deliverables are being completed. The Project manager isn't aware of my contract situation I feel. No-one is expecting me to turn up for work on Monday next.
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Originally posted by Rabotnik View PostI read the forums every day, I read the threads on people being terminated, but it sounded like par for the course, part of being a contractor, so I might have missed the follow up posts since I expected them to be NLUK rage
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Originally posted by northernladuk View PostYou are kidding? Search for threads to do with people being terminated immediately with no notice. There was an epic that is still hanging around some where. MOO is discussed heavily in them.
It is not a 'no work, no pay claues' It is called Mutuality of Obligation. No 'guessing' about the paragraph you pasted. I would have expected more on this in your contract though.
That is a little extreme. It is such a grey area and many aspects are pointer and not breakers. If you think you are pretty well covered a bit of free booze won't tip the scales I think. With so much free booze I very much doubt anyone will remember you being there.
I know the xmas party thing is minor, and people here thought I was mental for not going due to fear of the taxman, but I see everything as evidence either for or against me in any case that might arise, and I would rather have as much evidence on my side as possible, no matter how small.
Anyway, thanks for the advice, that's why I visit these forums every day
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Originally posted by Rabotnik View PostThanks guys, I knew that they were in fact not liable to pay unless work was done, but I haven't seen any threads related to that recently, except a post from one of the old timers here who said you should just turn up and they will pay you since they are paying for the availability of you as a resource, even if there is nothing to do.
I read my contract I used from QDOS, and there is no "no work-no pay" clause, but I guess the company would be able to refuse payment based on this:
"The Client shall not be obliged to pay any fees to the Consultancy unless an invoice has been properly submitted by the Consultancy in accordance with sub-clause 9.1 of this Agreement and until the Client has verified the execution of the Consultancy Services.". So if they wanted, they could say "You haven't done any work, so I am not paying this invoice.", but fortunately for me, I don't see them doing that.
Edit: Also, I've read about IR35 pointers many times, and I try my best to operate as a separate company. I even didn't go to the open bar company xmas party last Tuesday, and won't be going to the xmas lunch this Friday (yea I know I could pay, but I'm wary of being anywhere near one of them). Takes real willpower to say no to free booze!
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Thanks guys, I knew that they were in fact not liable to pay unless work was done, but I haven't seen any threads related to that recently, except a post from one of the old timers here who said you should just turn up and they will pay you since they are paying for the availability of you as a resource, even if there is nothing to do.
I read my contract I used from QDOS, and there is no "no work-no pay" clause, but I guess the company would be able to refuse payment based on this:
"The Client shall not be obliged to pay any fees to the Consultancy unless an invoice has been properly submitted by the Consultancy in accordance with sub-clause 9.1 of this Agreement and until the Client has verified the execution of the Consultancy Services.". So if they wanted, they could say "You haven't done any work, so I am not paying this invoice.", but fortunately for me, I don't see them doing that.
Edit: Also, I've read about IR35 pointers many times, and I try my best to operate as a separate company. I even didn't go to the open bar company xmas party last Tuesday, and won't be going to the xmas lunch this Friday (yea I know I could pay, but I'm wary of being anywhere near one of them). Takes real willpower to say no to free booze!Last edited by Rabotnik; 13 December 2011, 17:39.
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Thanks a lot
Thanks a lot. All the posts are very helpful. Having gone through the contract again, it does seem to indicate that, as advised above, there will not be much liability for the client to pay if there is no work.
I think I will wait till Friday and then ask the client for their intention of terminating the contract early or finding something else for me to do. Worst case will be an extra week's holiday in the run up to Christmas. Not bad. had anyway planned to take two weeks off for Christmas. This will make it 3.
I suppose turning up on Monday will look bad and will lead to an unpleasant discussion with the client (Never good). Good to be upfront where possible. If they consider themselves constrained to give a week's notice and paying for it, who am I to question that. :-)
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Yes, the client can say no work.
But surely if they cant be arsed to inform you of said fact and you've turned up on a monday morning then I'd be pretty wassed off if they didnt pay me for that day at least.
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Originally posted by TheFaQQer View PostThe contractual position of the situation is that if you turn up on Monday and there is no work, then they can turn you away and not pay you.
Many clients, I believe, wouldn't realise that and would just see that they need to give a week's notice, so will pay you that instead, or will find something to do for that last week.
Whether that helps, hinders or has no impact on your IR35 status is another discussion which has been had ad nauseum.
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