Hello All,
First post here, and a newbie to contracting.
I have entered 2 months into my 6 months contract via an agency. Due to various reasons, I have decided to terminate the contract early today. Just had a call from the agency saying that "You do know you do not have rights to terminate early from your side, do you?!" To which I disagree. I'm wondering if someone can clarify for me whether the clause below allows me to terminate the contract from my side?
Within the Schedule, period of contract is 1/12/2014 - 1/06/2015 and that a special condition was mention:
The client may terminate the contract with one days notice during the first week then it will revert to 1 weeks notice
This is the only place in the schedule that mentioned anything about notice period, granted that it doesn't state that I can also give notice to the client. However, further down in the contract, under Term and Termination:
This Agreement shall commence on the date set out in the Schedule and shall continue until completion of the Consultancy Services to the reasonable satisfaction of the Client at which time this Agreement shall expire automatically unless previously terminated by the Employment Business or the Consultancy giving the other party the period of notice specified in the Schedule.
Am I right in thinking that this allows me to give notice too? As this was the clause that I used in my email to terminate the contract.
Further to that, I have spoken to the end user (where I work), and the "client", another company that has the contract with the end user, my contract is with the agency and the agency has contract with the "client". Both the client and the end user is happy for me to move on, and the "client" said that they are happy to release me early.
Given that, does the agency still has any ground to tide me down? Needless to say, I will not be dealing with this agency in the future!
Many thanks in advance, sorry for the looooooong first thread.
JC
First post here, and a newbie to contracting.
I have entered 2 months into my 6 months contract via an agency. Due to various reasons, I have decided to terminate the contract early today. Just had a call from the agency saying that "You do know you do not have rights to terminate early from your side, do you?!" To which I disagree. I'm wondering if someone can clarify for me whether the clause below allows me to terminate the contract from my side?
Within the Schedule, period of contract is 1/12/2014 - 1/06/2015 and that a special condition was mention:
The client may terminate the contract with one days notice during the first week then it will revert to 1 weeks notice
This is the only place in the schedule that mentioned anything about notice period, granted that it doesn't state that I can also give notice to the client. However, further down in the contract, under Term and Termination:
This Agreement shall commence on the date set out in the Schedule and shall continue until completion of the Consultancy Services to the reasonable satisfaction of the Client at which time this Agreement shall expire automatically unless previously terminated by the Employment Business or the Consultancy giving the other party the period of notice specified in the Schedule.
Am I right in thinking that this allows me to give notice too? As this was the clause that I used in my email to terminate the contract.
Further to that, I have spoken to the end user (where I work), and the "client", another company that has the contract with the end user, my contract is with the agency and the agency has contract with the "client". Both the client and the end user is happy for me to move on, and the "client" said that they are happy to release me early.
Given that, does the agency still has any ground to tide me down? Needless to say, I will not be dealing with this agency in the future!
Many thanks in advance, sorry for the looooooong first thread.
JC
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