Question regarding FIXED TERM contract (NOTICE PERIOD)

[Smashing]

Hello people,
i was wondering if someone could give me legal advice in regards to my notice period

Im currently a contractor and ive just been extended for 2 months by my agency.

naturally, as the contract is only for 2 more months im going to be looking at other job opportunities so im not left jobless by the end.

When i emailed my agency to confirm WHAT the notice period is, this is what they said...

"There isn’t a notice clause in the contract except in the case of breach of contract by either party. It is fixed term.

can someone clarify what this means?
does this mean i can just leave without any notice period? im not sure...



thanks for your help, much appreciated

Joe

[cojak]

What does your contract say on the first page?

It should say something like 'FIXED TERM CONTRACT for 01/xx/xx - 31/xx/xx'

As you're not a native English speaker: The term of the contract is Fixed from 01/xx/xx - 31/xx/xx; therefore it means that you can only leave at the end of the fixed term (31/x/xx).

Of course this isn't a problem, just get your next contract to begin the following Monday (I'm guessing that the last day is a Friday...)

[northernladuk]

does this mean i can just leave without any notice period? im not sure...

Quite the opposite. You cannot leave, notice period is not an option.

It's not uncommon nowadays to have no notice period. Certain financial clients have been offering no notice for quite awhile now. It means you cannot give notice.

Thing is a notice period is pretty irrelavant if it comes down to it. I would assume your contract has a mutuality of obligation in it where it says the client isn't obliged to give you work (i.e. no work no pay) and you are not obliged to do it. If after one month the client decides he doesn't want you he just doesn't offer you work. You end up on the bench for the remainder of the contract. That's just contracting life.

You could of course just mail your intention to leave early giving them some notice and if they don't like it they can lump it. It is highly unlikely they will take you to court over it. You will get a very unhappy client and even more so agent and could be professional suicide but that is probably as far as it will go.

You could also negotiate your way out of it if push comes to shove, client maybe ok with you leaving. All depends on circumstance.

P.S. I don't think being left 'jobless' is the right term. Permies have jobs, we have gigs/contracts/work. Arguable of course but thought I would mention it.

[Smashing]

really?
didnt realise i couldnt leave!


The actual 2 MONTH extension that i received today says NOTHING of a 'fixed contract' (although the email from the agency says it is...hmmm)

it says
"Duration:
The agreement runs from July 2012 to July 2012"

no where in this document does it say 'fixed term'



ok, what if i talk to my boss (the Client) and they have no problem with it?
would the agency still argue this? likey to take me or the client to court?



Sorry about this, slightly unsure.

[cojak]

really?
didnt realise i couldnt leave!


The actual 2 MONTH extension that i received today says NOTHING of a 'fixed contract' (although the email from the agency says it is...hmmm)

it says
"Duration:
The agreement runs from July 2012 to July 2012"

no where in this document does it say 'fixed term'



ok, what if i talk to my boss (the Client) and they have no problem with it?
would the agency still argue this? likey to take me or the client to court?



Sorry about this, slightly unsure.

I guess you meant June to July?

And quite frankly that's not good enough - it should be 1st June - 31st July.

If the contract doesn't say fixed term then it isn't, it doesn't sound like it's a very good contract though.

It sounds as if they're playing on your ignorance and trying to frighten you into staying.

They probably will threaten you but they won't do anything, not for a piffling 2 months. Go and talk to the client and see what they say.

But I don't see why you can't stay until 31st July (and tell the agent the exact dates when you talk to them again).

[SueEllen]

really?
didnt realise i couldnt leave!


The actual 2 MONTH extension that i received today says NOTHING of a 'fixed contract' (although the email from the agency says it is...hmmm)

You are confusing things (probably because you aren't a native English speaker).

A fixed term contract is what some temporary employees get.

Contractors and self-employed people, who are not temporary employees, get contracts to fulfil a service for a particular length of time. As these are business contracts not employment contracts there is no legal requirement to have a notice period.

With business contracts each party (to some extent) has equal footing in law so it's up to them at the start of each contract to negotiate the terms and conditions.

This is why people either:
1. Read their contract properly, if they understanding the terms and understand the law surrounding contracts, negotiate the contract themselves
2. Read their contract then pass to a third party such as a lawyer or a contract checking service to check it gives them enough legal protection and to help them negotiate terms.

it says
"Duration:
The agreement runs from July 2012 to July 2012"

no where in this document does it say 'fixed term'

Does it mention dates in July 2012 i.e. 1st July to 31st July ? Because it looks to me that you could leave any date in July.

ok, what if i talk to my boss (the Client) and they have no problem with it?

If you can guess when the work will finish for you on the project then you can get an agreement with the client for you to leave when there is no more work for you to do.

would the agency still argue this?

The agency would argue as if you aren't working they don't get their cut of your day rate.

likey to take me or the client to court?

They won't take you to court if the client says they don't want you any more because there is no more work for you to do on the project. It's better coming from the client then from your mouth.

[Wanderer]

would the agency still argue this? likey to take me or the client to court?

Yes they will argue it, no they won't take you to court. Most likely they will try to use this as an excuse not to pay you for some of the days you have worked, don't let them get away with this.

Just tell the client that you want to leave, be polite but firm and tell them that you are happy to do a hand over and work a reasonable notice period but you are leaving early.

Depending on how long you have worked for the client, you may want to think carefully about this because the client may not give you a positive reference if you leave early.

[SueEllen]

Depending on how long you have worked for the client, you may want to think carefully about this because the client may not give you a positive reference if you leave early.

How many times have you used a reference from a client in your contracting career?

Lots of clients especially the larger ones forbid giving references to contractors and only give dates as references to permies.

[Smashing]

Firstly, many thanks for all the replies and the advice,

secondly, apologies for being very vague, perhaps i should clear things up a little...



Ive been contracting with this client for over 3 years now and i have a good relationship with my boss. Every 6 months the client extends my contract again and again (everyones happy and im doing a good job)
unfortunately ive learnt that the company is cutting back and as we all know, its the contractors who are asked to go first.

Now, instead of offering me the normal 6 month extension, the client has only offered a 2 month extension. fair enough, i understand, things must come to an end, goodbye etc etc.
- This extension is from July 1st - August 31st

my agency contacted me yesterday and asked me if i wanted to accept this extension. Naturally i said yes and signed the contract (faxed it over to them) - 2 months is better than nothing right?

Now, as a passing comment/email, i just asked my agency if the 2 month extension has a 1 WEEK notice period - Obviously im going to be out of a job soon so i have to look elsewhere for work. they understand that. client understands that. the whole world understands that.

she replies ""There isn’t a notice clause in the contract except in the case of breach of contract sby either party. It is fixed term"

so im left wondering what this means?

The exact wording on the contract is -
"Duration:
This Agreement runs from 1 July 2012 to 31 August 2012. "

There is absolutely nowhere that says FIXED CONTRACT. and this is what i signed.

they know im going to be out of a job, are they just trying to get the most money for themselves?


Scenario: the 2 month extention starts in July but say i find another job within the first 2 weeks or something. i want OUT.

[jmo21]

Firstly, many thanks for all the replies and the advice,

secondly, apologies for being very vague, perhaps i should clear things up a little...



Ive been contracting with this client for over 3 years now and i have a good relationship with my boss. Every 6 months the client extends my contract again and again (everyones happy and im doing a good job)
unfortunately ive learnt that the company is cutting back and as we all know, its the contractors who are asked to go first.

Now, instead of offering me the normal 6 month extension, the client has only offered a 2 month extension. fair enough, i understand, things must come to an end, goodbye etc etc.
- This extension is from July 1st - August 31st

my agency contacted me yesterday and asked me if i wanted to accept this extension. Naturally i said yes and signed the contract (faxed it over to them) - 2 months is better than nothing right?

Now, as a passing comment/email, i just asked my agency if the 2 month extension has a 1 WEEK notice period - Obviously im going to be out of a job soon so i have to look elsewhere for work. they understand that. client understands that. the whole world understands that.

she replies ""There isn’t a notice clause in the contract except in the case of breach of contract sby either party. It is fixed term"

so im left wondering what this means?

The exact wording on the contract is -
"Duration:
This Agreement runs from 1 July 2012 to 31 August 2012. "

There is absolutely nowhere that says FIXED CONTRACT. and this is what i signed.

they know im going to be out of a job, are they just trying to get the most money for themselves?


Scenario: the 2 month extention starts in July but say i find another job within the first 2 weeks or something. i want OUT.

I do not think it NEEDS the word Fixed Term Contract, but then I've never had a fixed term contract so could be wrong.

It has the dates from and to, and has no notice clause.

Some general advice though, that I'm sure you already realise, try reading and understanding a contract before you sign it.