Contract termination period

[SueEllen]

At which point you remind them that you didn't opt out.

Even if she has opted-out I strongly doubt the agency is asking for timesheets for the 2 weeks she is already getting. This would indicate it's a breach of contract and the agency are just lying to cover their mistake for not noticing the notice periods are different on the contracts.

[Wanderer]

At which point they will ask for signed timesheets.........

At which point you remind them that you didn't opt out.

[northernladuk]

The reason I said the OP could go after the agency for the two weeks if she can be bothered is because the agency is refusing to pay the contract notice period and so are breaching the contract terms.

The agency knows what is in both contracts as they negotiated both of them. Therefore they can't deny they don't know what is in them, and any reasonable person would expect that the notice period in the contracts would be aligned with each other.

However as the agency couldn't be bothered to align the contractor's contract with the one they negotiated with the client they need to pay up the two weeks from their own pocket.

Agencies and clients can get rid of you immediately for acting inappropriately etc but in this case the fact that the client is paying 2 weeks notice as per the contract they negotiated with the agency indicates clearly there was nothing wrong with the contractors' behaviour, work etc

Invoicing the agency for the full amount, and then threatening them with court action when they miss the payment date then possibly starting it should get the agency to pay up in most cases. However they may be one of these agencies who have a habit of screwing contractors so have a few CCJs against them....

At which point they will ask for signed timesheets.........

[SueEllen]

That is a hell of an assumption bearing in mind 99% of us are on T&M no?

The reason I said the OP could go after the agency for the two weeks if she can be bothered is because the agency is refusing to pay the contract notice period and so are breaching the contract terms.

The agency knows what is in both contracts as they negotiated both of them. Therefore they can't deny they don't know what is in them, and any reasonable person would expect that the notice period in the contracts would be aligned with each other.

However as the agency couldn't be bothered to align the contractor's contract with the one they negotiated with the client they need to pay up the two weeks from their own pocket.

Agencies and clients can get rid of you immediately for acting inappropriately etc but in this case the fact that the client is paying 2 weeks notice as per the contract they negotiated with the agency indicates clearly there was nothing wrong with the contractors' behaviour, work etc

Invoicing the agency for the full amount, and then threatening them with court action when they miss the payment date then possibly starting it should get the agency to pay up in most cases. However they may be one of these agencies who have a habit of screwing contractors so have a few CCJs against them....

[fraymond]

You could consider paying a solicitor their hourly rate to draft a polite, but firmly worded notice of demand for the full 4 weeks and send that to the agency. That will quickly flush out the truth of the matter I expect.

[northernladuk]

Assuming you aren't on a T&M basis,

That is a hell of an assumption bearing in mind 99% of us are on T&M no?

[GB9]

Assuming you aren't on a T&M basis, if your contract states 4 weeks then that's what it is. The stuff about there being no work so you dont get paid is incorrect. That would be the case if you were a temp working for an agency, but I assume you are set up as a business? If so, you have a legal obligation to do the best for your shareholders, even if that's just you.

No work means the contract is terminated as per contract. Not that you get kicked off site and that's it. The length of termination period is of more interest. 4 weeks is heading towards perm territory, although not seen as an IR35 no no. No notice may look best for IR35 but is not good for business.

Have you got debt recovery insurance? If so then speak to them. If not then the best might be to take the 2 weeks and put it down to experience.

[LatteLiberal]

Would the posters who see this as par for the course be OK if a contractor just walked out on a contract regardless of notice period stated in the contract? I doubt it and I think clients wouldn't be happy to be left twisting in the wind either.

[SarahL2012]

Need to see client:agency contract

This seems to be totally unfair to me - I have no idea what the agreement between the agency and client is and was expecting the 4 week notice period as stated in my contract

In my last contract I asked to see a copy of the agency: client contract as I also had a clause in My Co's agreement with the agency saying that the agency:client contract would take precedent. As it happened there was nothing in there that contradicted my arrangement, but if they hadn't shown it to me then B&C were going to recommend a clause in the MyCo / Agency agreement to cover off the risk.

Personally I don't think notice periods are worth the paper they're written on. Most of the time you get mutual agreement as to when the end of the project is likely to be and the rest of the time its just a case of 'we don't need you any more'.

I'd take the 2 weeks money and make sure you check the agency / client contract next time.

[BrilloPad]

yep. its unfair. who told you life was fair?

be grateful you get 2 weeks when you could have got nothing.

best of luck job hunting.

[Wanderer]

This seems to be totally unfair to me - I have no idea what the agreement between the agency and client is and was expecting the 4 week notice period as stated in my contract

The contract sounds pretty clear about what happens if the client terminates early. I wouldn't put it past the agency to hold the client to the 4 weeks notice and quietly pocket the money while giving you a line of bulltulip saying that the client terminated early though.

You could speak to the client to make sure that they have in fact terminated the contract with the agency and their understanding is that you would only be paid for 2 weeks.

Definitely do not make a big fuss about it if that's what they have decided to do, politely accept it and move on. When you work as a contractor it's a business to business contract rather than one of employment. Make sure you leave your contact details with the client or get Linked-in because you may have future opportunities with them.

I know the contract agreements are long, but you do need to read them and understand all the terms. In particular the ones that get people are stupid agency tricks around payment terms, restrictive covenants and notice periods (which as you have found, are generally meaningless due to the fine print).

This is why contractors are paid double what a permie would get in the same job...

[northernladuk]

You have 4 weeks. 2 weeks of it you are working and get paid. The other two weeks the client isn't offering work so you don't get paid. Simple.

Notice period is a waste of time in contracting. You could have a year notice period if you want but if there isn't any work to do you won't get paid.

Honouring notice periods is for permies.

[SueEllen]

This seems to be totally unfair to me - I have no idea what the agreement between the agency and client is and was expecting the 4 week notice period as stated in my contract

You have two choices:
1. Spend some money and time hiring a solicitor and chasing the agency for 2 weeks money, OR,
2. Have a good Christmas and in the New Year put all your energy into securing another contract.

[BolshieBastard]

I have a contract that states under Notice to Terminate '4 weeks (save where an engagement can be terminated without notice in accordance with the terms of the Agreement)
The Client has cancelled the project and the agency has given me 2 weeks notice. In a telephone call the agent said this is because they, the Agency, have an agreement with the client that if the duration of the contract has run for less than 6 months, they are only given 2 weeks.
In the T&C it states
The Consultancy acknowledges that the continuation of the Assignment is subject to and conditioned by the continuation of the contract entered into between the Employemnt Business and the Client. In the event that the contract between the Employment Business and the Client is terminated for any reason the Assignment shall cease with immediate effect without liability to the Consultancy.

This seems to be totally unfair to me - I have no idea what the agreement between the agency and client is and was expecting the 4 week notice period as stated in my contract

I take it you've just made the switch from cosy permiedom to the lucrative, highly paid world of contracting?

If you think it's unfair, you need to understand contracting isnt for you. This is nothing to what you will come across if you stay in contracting.

What is 'fair' belongs in the permie world.

[Anne Cook]

I have a contract that states under Notice to Terminate '4 weeks (save where an engagement can be terminated without notice in accordance with the terms of the Agreement)
The Client has cancelled the project and the agency has given me 2 weeks notice. In a telephone call the agent said this is because they, the Agency, have an agreement with the client that if the duration of the contract has run for less than 6 months, they are only given 2 weeks.
In the T&C it states
The Consultancy acknowledges that the continuation of the Assignment is subject to and conditioned by the continuation of the contract entered into between the Employemnt Business and the Client. In the event that the contract between the Employment Business and the Client is terminated for any reason the Assignment shall cease with immediate effect without liability to the Consultancy.

This seems to be totally unfair to me - I have no idea what the agreement between the agency and client is and was expecting the 4 week notice period as stated in my contract