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Doubt about Notice Period and contract

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    Doubt about Notice Period and contract

    Him everyone !

    Situation: After 8 days of the starting o the contract (it means, the 1st day of the second week), the client canceled the project.\

    What my contract says...

    - On the 1st week anyone can terminate the contract without reason
    - Notice Period : 28 days

    So, I wondered with myself: Ok, they could be terminated yesterday with no reason and no need to accomplish the further notice. It means that I will earn a good money without do much.

    Then I found this clause:

    9 Termination
    9.1 The Company may, in the first week of Supply, terminate the Service Provider forthwith without cause.
    9.2 The Company may terminate the Agreement forthwith should;
    9.2.1 - ...
    9.2.2 - ...
    ...
    9.2.12 The agreement between the Client and the Company be terminated forthwith by the Client or by the Company for any reason.

    So, it means that from 9.2.1 to 9.2.11 is just bulltulip because any reason for the client or any reason for the company (company is the agency) the contract can be terminated, right ? and it means that the 28 days of further notice just apply to me, not the agency, correct ?

    I need some clarification. By the way it's about a huge agency ! I can't believe that I signed something so unfair

    #2
    Originally posted by jacapaladium View Post
    Him everyone !

    Situation: After 8 days of the starting o the contract (it means, the 1st day of the second week), the client canceled the project.\

    What my contract says...

    - On the 1st week anyone can terminate the contract without reason
    - Notice Period : 28 days

    So, I wondered with myself: Ok, they could be terminated yesterday with no reason and no need to accomplish the further notice. It means that I will earn a good money without do much.
    If you've been cancelled in the first week, you do not get 28 days pay.
    If (after the first week) your contract gets cancelled, you are still expected to work the 28 days

    Is this your first contract?
    …Maybe we ain’t that young anymore

    Comment


      #3
      There'll be something in the small print somewhere about only getting paid when submitting a signed timesheet. If they've got no work for you to do, it's highly unlikely that you'll find anyone stupid enough to sign a timesheet while you sit on your arse for a month. I've always insisted on zero notice periods (client side) because it gets rid of any confusion. If you're new to this game, put it down to experience and look for another gig.
      His heart is in the right place - shame we can't say the same about his brain...

      Comment


        #4
        Originally posted by WTFH View Post
        If you've been cancelled in the first week, you do not get 28 days pay.
        If (after the first week) your contract gets cancelled, you are still expected to work the 28 days

        Is this your first contract?
        Ty for your answer ! Nobody canceled the contract on the first week. Cliente canceled the contract 1 day after the 1st week

        No, not my first contract...I signed already more than 15 contracts, but this is the 1st time I sign one with clause that's looks like bad faith. And as I said...it's some of the biggest agencies of UK and with presence in many other countries.

        Comment


          #5
          Originally posted by Mordac View Post
          There'll be something in the small print somewhere about only getting paid when submitting a signed timesheet. If they've got no work for you to do, it's highly unlikely that you'll find anyone stupid enough to sign a timesheet while you sit on your arse for a month. I've always insisted on zero notice periods (client side) because it gets rid of any confusion. If you're new to this game, put it down to experience and look for another gig.
          Yes and no. Nobody will sign the timesheet because the client is now allowing me to do my job.

          In theory, it's not canceled, so I may never receive my further notice. In practice: I am not working because the client blocks me to do my work.

          Bt the way..I never had any kind of trouble in the past involving further notice. I am not a beginner. As I said to the other guy..it's the 1st contract I see a clause that's looks like bad faith - But I could be wrong..that's why I am asking for valuables opinions.

          Comment


            #6
            Originally posted by jacapaladium View Post
            Yes and no. Nobody will sign the timesheet because the client is now allowing me to do my job.
            Your job?

            Comment


              #7
              Cancelled projects are just part of contracting.

              I have had projects cancelled while driving to client co on the first day, I have even had a project cancelled on a Friday when I had booked and paid for flights on a Monday Morning.

              On the other side, I have flown to a client's offshore bank site, sat down and started working with no contract, the contract was drawn up and signed a week later.
              "A people that elect corrupt politicians, imposters, thieves and traitors are not victims, but accomplices," George Orwell

              Comment


                #8
                Originally posted by MrButton View Post
                Your job?
                Yep...my assign

                Comment


                  #9
                  Originally posted by MrButton View Post
                  Your job?
                  Indeed. OP, your job is to work for the client while they need you. When they don't you are done.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    The notice period refers to your notice period - i.e. after the first week you would need to give them 28 days notice.

                    No notice period for the client is not unusual - my contract which uses a standard IR35 friendly contract template also has that clause.

                    That's life unfortunately. Time to move on to the next opportunity.

                    Comment

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