Tied In??

[Muggers]

I've started looking for other positions as I'm doing ferk all here.... glorified secretary (and even that's elevating my status)..... so, started to look and all the agencies obviously want to know my notice period.... I've been telling them a month... but could not find ANY reference to this in my contract.... the only reference states that:

"The assignment is terminable by my agency giving one weeks' notice in writing during the first eight weeks, four weeks notice in writing thereafter"

So, I phoned the agency to find out what my obligations are.... they state that I'm not allowed to give notice as the contract is for one year and I have to stay until the end.... 'apparently' this is quite common for contracts to be like this....

I can't find ANY reference to this in the contract.....

What do you think??

[ratewhore]

cue another post about not expecting plumbers to feck off mid job!!!

This happens all the time and there are a number of different opinions. My personal one is that, if the client and agency want the right to serve notice then I want the same right if they expect me to sign.

Bummer that you're there for a year and you can't get out of it. You can always try some negotiation or, if things are that bad, call their bluff and state as theres no notice in the contract then none needs to be given...

[eternalnomad]

I've started looking for other positions as I'm doing ferk all here.... glorified secretary (and even that's elevating my status)..... so, started to look and all the agencies obviously want to know my notice period.... I've been telling them a month... but could not find ANY reference to this in my contract.... the only reference states that:

"The assignment is terminable by my agency giving one weeks' notice in writing during the first eight weeks, four weeks notice in writing thereafter"

So, I phoned the agency to find out what my obligations are.... they state that I'm not allowed to give notice as the contract is for one year and I have to stay until the end.... 'apparently' this is quite common for contracts to be like this....

I can't find ANY reference to this in the contract.....

What do you think??

I am in a similar position

1 week notice required from agency but i cannot give notice (in my case it does specifically state that as a fact)

Good news in my case is that contract ends mid June

Because they dont state what notice period you can give - IMHO this means you cannot give any

[Muggers]

I am in a similar position

1 week notice required from agency but i cannot give notice (in my case it does specifically state that as a fact)

Good news in my case is that contract ends mid June

Because they dont state what notice period you can give - IMHO this means you cannot give any

EXACTLY my thoughts..... nothing that I've signed can you hold me to.....
Also, as I say, if things do get 'nasty' I'm thinking that the role they employed me for under the contract is substantially different from that of the last 3 months...... and yes, i have, on a number of occasions broached this with my e'er.... but to no avail...

[Muggers]

cue another post about not expecting plumbers to feck off mid job!!!

This happens all the time and there are a number of different opinions. My personal one is that, if the client and agency want the right to serve notice then I want the same right if they expect me to sign.

Bummer that you're there for a year and you can't get out of it. You can always try some negotiation or, if things are that bad, call their bluff and state as theres no notice in the contract then none needs to be given...

but if the job is substantially different from that originally signed for ????

[The Lone Gunman]

I think you could argue a legal point that as they had a right of notice then the contract can not be regarded as a 12 month contract unless the terms for notice are clearly stated.

I kind of agree with rate whore in that if they have notice (apart from unprofessional behaviour or incompetance) then I should have too.
The professional in me says that I have commited to 12 months and I will do 12 months.

Smacking the boss in the mouth, turning up rolling drunk after a 3 hour lunch or sexualy harrasing the secretary are usualy good ways of getting them to enforce their notice clause. HTH.

[Muggers]

I understand the argument that "I've signed up for 12mths" BUT.... not doing what I was contracted to do, this is NOT common practise in law or employment AND it could be deemed an "unreasonable contract" ........

[eternalnomad]

EXACTLY my thoughts..... nothing that I've signed can you hold me to.....
Also, as I say, if things do get 'nasty' I'm thinking that the role they employed me for under the contract is substantially different from that of the last 3 months...... and yes, i have, on a number of occasions broached this with my e'er.... but to no avail...

if the role you are doing is substantially different to the one you agreed to provide services for (and you could clearly demonstrate this to a thicko (i.e. judge who will pretend to be thick)) then I reckon you have decent grounds to walk.

Ask them why they recruited you to peform "X" and now expect you to perform "Y"

Using the plumbers analogy if I asked my local plumber to quote for a bathroom replacement and then when he started the job gave him hassle about my faulty roof then he would tell me to f'off and/or walk off the job.

In my case, the role I am doing is as it was decribed in the pre-sales discussion (notice I dont use the term interview !!) - so it was my own stupid fault for taking the role and even more stupidly not insisting on a reciprocal notice period.

But, I am a professional, I made a commitment to deliver some services and that is what I will do.

[Mordac]

>sexualy harrasing the secretary

He is the secretary

[The Lone Gunman]

>sexualy harrasing the secretary

He is the secretary

Hmmmm, he did say that didnt he. I am sure relieving himself in a gentlemans way would get him just as fired.