Reply to: No notice period & reality.

[rd409]

Unless you have multiple offers.... in which case.... chose one of them, or be on the bench.

If you have multiple offers; would you even consider the no-termination contract? That argument defeats the whole point.

[pmeswani]

Yup, the choice at the moment is whether you are in contract or on a bench.

Unless you have multiple offers.... in which case.... chose one of them, or be on the bench.

[rd409]

If what you say is true, I would be shocked and horrified. Contractors always have a choice. Ok, some choices are not always favourable, but still there's a choice. The Agent don't want to lose money or business, so they will be flexible.... Shirley.

Yup, the choice at the moment is whether you are in contract or on a bench.

[psychocandy]

Think a bit won't you. You think the client will keep you in contract for 7 months when you are just refusing to work?

Obviously not. But thats up to them then to terminate isnt it?

[pmeswani]

I agree completely about it not being right. But the reality is that the daily rates are going down, with more and more contractors flooding the market. The agencies know, that if the contractor receives a decent rate then they might be tempted to hand in notice and move on. The no-notice from the contractor is just to prevent this situation. Don't forget this is a buyer's market at the moment, so not everyone stands a chance to this kind of tactics. Many contractors would be more than happy to be in contract at this time, and unfortunately would agree to these kind of clauses, so there is no choice for the rest of us I guess.

If what you say is true, I would be shocked and horrified. Contractors always have a choice. Ok, some choices are not always favourable, but still there's a choice. The Agent don't want to lose money or business, so they will be flexible.... Shirley.

[rd409]

So why not put the contractor on the bench and then ask them if they want to come back when required? If the contractor is not available, then that's their loss. Holding a contractor to ransom (i.e. not giving them work and not paying them and restricting their ability to get paid work) doesn't sound right.

I agree completely about it not being right. But the reality is that the daily rates are going down, with more and more contractors flooding the market. The agencies know, that if the contractor receives a decent rate then they might be tempted to hand in notice and move on. The no-notice from the contractor is just to prevent this situation. Don't forget this is a buyer's market at the moment, so not everyone stands a chance to this kind of tactics. Many contractors would be more than happy to be in contract at this time, and unfortunately would agree to these kind of clauses, so there is no choice for the rest of us I guess.

[pmeswani]

The client wont pay, because there is no work done. This is just like having an associate contract with a consultancy, where if you work they pay you, otherwise it is just a piece of paper. Most often, the moment you make yourself unavailable for a longer period, the client would serve notice.

So why not put the contractor on the bench and then ask them if they want to come back when required? If the contractor is not available, then that's their loss. Holding a contractor to ransom (i.e. not giving them work and not paying them and restricting their ability to get paid work) doesn't sound right.

[rd409]

How does that work? From my understanding of the contracts I have been provided, if there is no work (whether it is refused or none available), the client can terminate your contract immediately. I can't see how a client would be happy to pay you for 7 months if no work is available.

The client wont pay, because there is no work done. This is just like having an associate contract with a consultancy, where if you work they pay you, otherwise it is just a piece of paper. Most often, the moment you make yourself unavailable for a longer period, the client would serve notice.

[pmeswani]

You are Carlos Tevez and I claim my moderator's infarction....

No can do. But I can award you some Carlos Tevez points. How does 50 sound?

[stek]

You are Carlos Tevez and I claim my moderator's infarction....

[pmeswani]

i.e. Turn up for 5 months then decline any work for the next 7 months until contract expires...

How does that work? From my understanding of the contracts I have been provided, if there is no work (whether it is refused or none available), the client can terminate your contract immediately. I can't see how a client would be happy to pay you for 7 months if no work is available.

[northernladuk]

Isnt substitution irrelevant to MOO? Cant you just decline work anyway under MOO?

i.e. Turn up for 5 months then decline any work for the next 7 months until contract expires...

Think a bit won't you. You think the client will keep you in contract for 7 months when you are just refusing to work?

[psychocandy]

8. If something comes up, offer substitution. If they dont agree to substitution, then provided your contract has got a MOO clause, you dont have to accept new work. This will definitely trigger a notice from the client. But this would also mean that you wont be working for the client in the future.

Isnt substitution irrelevant to MOO? Cant you just decline work anyway under MOO?

i.e. Turn up for 5 months then decline any work for the next 7 months until contract expires...

[rd409]

could

Let's not assume the worst case scenario here. Just because a contractor refuses work, it doesn't mean they won't be used in the future. There could be a genuine reason why a contractor has refused work.

There is a reason why there is no termination clause for the contractor. If you want to override this, then you should be prepared for the worst results. If the client is ready to accept the situations, then they would definitely invoke the termination clause from their side. If they refuse to let you go, and you use the substitution clause, and the moo, it would be safe to assume that the client will be really p****d off. Unless you work for a niche market, and you are probably one of the only few contractors available, be ready to be always ignored. People have a better memories than you or me assume.

[pmeswani]

8. If something comes up, offer substitution. If they dont agree to substitution, then provided your contract has got a MOO clause, you dont have to accept new work. This will definitely trigger a notice from the client. But this would also mean that you wont be working for the client in the future.

could

Let's not assume the worst case scenario here. Just because a contractor refuses work, it doesn't mean they won't be used in the future. There could be a genuine reason why a contractor has refused work.