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ScottDotNet
17th September 2004, 08:09
I've just got my first contract and because this is all new I've decided to go with Parasol IT for the first 3 months as I'm also selling my property at the moment and can't do with all the hassle of setting up a Ltd co at the moment. Anyway, in the terms & cons they've sent me it states that I cannot give notice, is this common place? It's a 3 month contract.

rebeccaloos
17th September 2004, 09:16
this has been on my last 3 contracts too

mailmannz
17th September 2004, 09:39
You can give notice. There is no way they will be able to hold you to that clause (any court would throw it out without a second thought as its just another form of endentured slavery).

If they threaten to without any payments from you then you can use the County Court system to get your money back. Basically they are on a loser with that clause. I think they only put crap like that in to keep "innovent" contractors on their books (ie. to stop you leaving).

That clause is about as useful as chicken with teeth.

Mailman

ScottDotNet
17th September 2004, 09:48
Thanks for the advice. You're right about chicken aswell, teeth are no use to them. Parasol have also sent me a document detailing my right to opt out of the 48 hour week limit, which I've indicated I'd like to do. Is this what is meant by 'opting out'? I thought it was to do with agency fees being applied if a contractor goes permanent. I take it I have my wires crossed?

tim123
17th September 2004, 09:59
mailman is wrong.

This is a fixed term three month contract. There is absolutely no reason at all why a court would find anything wrong with the principle of no early termination. You wanna get out of the contract, you wait three months. How is that slavery?

OTOH, he's right to say that they can't actually force you to work, but they can sue you for their losses if you willfully refuse to do so.

HTH

tim

rebeccaloos
17th September 2004, 10:28
Scott,

The opting out thing that everybody was talking about a few weeks ago is not to do with the uropean Working Time directive (although it is an opt out too), it is to do with agency fees as you said and the ability/inability to go direct with the same client at the end of a contract

mailmannz
17th September 2004, 12:10
I guess the best way around this is to get them to remove the clause before you sign the contract.

At the end of the day...unless we are talking about tens or hundreds of thousands of pounds here no agency is going to come after you for compensation as the cost would be more than the outcome.

Mailman

oaksoft
18th September 2004, 01:48
"At the end of the day...unless we are talking about tens or hundreds of thousands of pounds here no agency is going to come after you for compensation as the cost would be more than the outcome."

Talk about dangerous advice:(

The agency could easily hand over the debt to a debt collecting agency for a nominal fee and then you'd really be up a creek without a paddle.

This kind of gung ho advice is best not given or ignored - take your pick.

fiddleabout
18th September 2004, 08:49
On a 3 monther it would be even better to just do your time and avoid the issue entirely. I've had contracts in the past which offer lob-sider notice periods - i.e. you can't give notice they can.

Just decide if you are prepared to accept the terms if so sign. If not and they will not change them don't sign. It really is very simple. Reading the contract after signing indicates that you are pretty simple.

ScottDotNet
18th September 2004, 10:22
I certainly wouldn't sign any contract without reading it. I think I'm just going to go with this one, and even if the place is a hell hole I'll just stick it out - if I say i'm going to do a job, I'll do it. Simple as that really.

mailmannz
20th September 2004, 09:53
They would have to prove there is a debt before a debt collection agency could take it on.

Talk about dangerous "anti-dangerous" advice :rollin

Mailman