contract swap over - Advice Needed

[bluenose81]

Ladies & Gents,

If I get No Termination from my previous company by first March does this mean that my contractual agreement stays the same i.e Same Day rate etc with the new company because the Previous hasnt Terminated??.

Thanks for all replys by the way I appreciate the help from all

[DirtyDog]

So If its not Going to apply here for Contractors what is this? - Contractor changeovers still covered by Tupe - People Management Magazine Online

First paragraph, last sentence:

No formal date for their implementation has yet been confirmed but it is understood that new regulations are planned for January 2014.but it is understood that new regulations are planned for January 2014.

[Wanderer]

It Does state in my contract ''between me and my previous company that one has to let the other know 4 weeks in writing'' before terminating only between me and my previous ....... so as a statement, where does that leave me? The same??..Because Ive had No termination in writing as of yet and they've still got a couple of days yet.... am a bit confused..

Time to have a chat with them and see what the situation is, I think. You also want to get on the job and have a chat to the new company and pitch your skills to see if they have any work for you. Don't be shy, get in there and sell yourself!

[bluenose81]

[QUOTE=DirtyDog;1878822]Then you either accept the new contract on offer, or you don't. If you don't accept the new contract, then your client has the choice of either keeping you on the same contract, or terminating the contract. If they terminate the contract, then they should do that in line with what the terms of the contract say.

It Does state in my contract ''between me and my previous company that one has to let the other know 4 weeks in writing'' before terminating only between me and my previous ....... so as a statement, where does that leave me? The same??..Because Ive had No termination in writing as of yet and they've still got a couple of days yet.... am a bit confused..

[bluenose81]

First question - What is TUPE?



So it isn't going to apply here.

So If its not Going to apply here for Contractors what is this? - Contractor changeovers still covered by Tupe - People Management Magazine Online

[DirtyDog]

This may give some answers to the employees Answers to Common Tupe Questions - www.employmentadvice4u.co.uk but I am not sure whether or not the rules here could be applied to a contractor

First question - What is TUPE?

“TUPE” is a law that governs the transfer of employees...

So it isn't going to apply here.

[DirtyDog]

WHat if they turn around and try and Lower my wage???
...
If they turn around and say a lower wage, Then what am I entitled to do if its supposed to come under same terms and conditions?

Then you either accept the new contract on offer, or you don't. If you don't accept the new contract, then your client has the choice of either keeping you on the same contract, or terminating the contract. If they terminate the contract, then they should do that in line with what the terms of the contract say.

This is what being in business is about - you negotiate. If you cannot form an agreement, then one party needs to terminate the contract.

[LisaContractorUmbrella]

This may give some answers to the employees Answers to Common Tupe Questions - www.employmentadvice4u.co.uk but I am not sure whether or not the rules here could be applied to a contractor

[bluenose81]

Given the nature of where you work, you should check the contract to see what the jurisdiction is in case of dispute. You should then check the contract law for that jurisdiction.[/QUOTE]


Hi Thanks for the info :-)

The Contract Law is in England mate.

WHat if they turn around and try and Lower my wage???

Thanks For the help to all by the way I am just jumping ahead and getting some info and preparing myself as theyre a bunch of ''don't really have a clue hows''

If they turn around and say a lower wage, Then what am I entitled to do if its supposed to come under same terms and conditions?

Thanks.

[DirtyDog]

The other company needs to provide me with a new agreement...(Am I correct in thinking this?)............

No, they don't have to give you a new agreement. The existing agreement should continue until the end of it. That's what my current client did when they were taken over.

Am I right in thinking if my current company do not terminate my agreement by the 1st February (in the agreement it states 4 weeks written notice)

So Then I am entitled to claim 4 weeks full pay for not terminating My Contract if they Do not Terminate?

If no-one terminates the agreement, then it continues until the end of the contract or until someone terminates it. You continue to provide services under the existing agreement. If the contract is terminated without notice, then you could argue that you are due payment in lieu of notice.

To me this is Breaching my current contract...I don't know if im right but please correct me if I am wrong as I am new this year to LTD Company so am still learning.

Everyone is confused onboard as it is including the permanent staff cuss it has been sprang like a blink of an eye. ( We all do think thou that the company has known about this a long time and just lied to everyone.

The company I am currently with is in England UK but I work abroad overseas for them in the Middle east.
Thanks

Given the nature of where you work, you should check the contract to see what the jurisdiction is in case of dispute. You should then check the contract law for that jurisdiction.

[LisaContractorUmbrella]

Hi,

all they said was they will review us until JUNE then more likely get rid of us.

So is it correct they must continue the same agreement as im currently on same wage etc daily rate and if they don't do that then I guess I have a case.??

IM just trying to Plan ahead because I know that if I was with this current company they would of kept us but because its a new company theyre changing everything and practically bringing their own in.

If they don't provide you with a new agreement then the terms of the old one will remain in place and I believe that they must abide by them but as I said I am not a lawyer

[bluenose81]

Hi,

all they said was they will review us until JUNE then more likely get rid of us.

So is it correct they must continue the same agreement as im currently on same wage etc daily rate and if they don't do that then I guess I have a case.??

IM just trying to Plan ahead because I know that if I was with this current company they would of kept us but because its a new company theyre changing everything and practically bringing their own in.

[LisaContractorUmbrella]

IANAL but I don't think you would have entitlement to 4 weeks pay if the new company is taking you on under the same terms and conditions as the previous company - the liability to give 4 weeks notice of termination would simply pass to the new company.

[bluenose81]

Hi All, I am new to the Forums and new to Ltd Company contracting and am looking for advice on the following :-

Im Currently offshore until 14th February abroad

I am a Limited company contractor for an Offshore shipping company client whom ive been with for over a year, My signed contract states I MY NAME am a self employed consultant to Their COMPANY NAME Ltd, or any other group company (Their company name).
It states Term of engagement = The consultancy shall (commence or be deemed to have commenced) on 01st feb 2013 and shall continue until terminated:
a. as provided by the terms of Agreemenet.......b. By either party giving to the other No less than 4 weeks Prior written Notice.

The company agreement I have here is in the name only of the company im currently with however they are being taken over by another company foreign who are going to take over 1st march which is when new terms and conditions of New company should come in therefore The other company needs to provide me with a new agreement...(Am I correct in thinking this?)............ The new company have said by word of mouth so far they want to keep us (Me and my back to back) until June 2014 on the same terms of engagement as previous company.............However...................

Am I right in thinking if my current company do not terminate my agreement by the 1st February (in the agreement it states 4 weeks written notice)

So Then I am entitled to claim 4 weeks full pay for not terminating My Contract if they Do not Terminate?

To me this is Breaching my current contract...I don't know if im right but please correct me if I am wrong as I am new this year to LTD Company so am still learning.

Everyone is confused onboard as it is including the permanent staff cuss it has been sprang like a blink of an eye. ( We all do think thou that the company has known about this a long time and just lied to everyone.

The company I am currently with is in England UK but I work abroad overseas for them in the Middle east.
Thanks