Notice period in contracts.

[jimbo45]

No but thats why they can dictate the terms....

Hi there
I know this is only my first post - but I do have some experience in LEGAL matters. The Notice period must be EQUAL on BOTH sides otherwise it's not an enforceable contract.

You should really have discussed this before actually signing the deal but the LAW still takes precedence over "Dodgy deals".

I've been a contractor for over 45 years now (coming up to retirement) and I still see examples of "Dodgy" contracts -- and I have yet to meet a SINGLE contractor who has been terminated early for anything other than discipline / gross incompetence who has EVER received a single penny in "Compensation" payments or been paid to the original end of their contract.

Seems rule 1 for the agencies / clients while another one for the contractors --however the NOTICE PERIOD must be EQUAL for BOTH sides of the deal.

Cheers
jimbo

[cojak]

Wrong jimbo. Take a look at this:

Contracts of Employment - Employment Law Solicitors

With particular reference to

An employee may want to check that the notice periods are of equal length.* Often an employee may get stuck with having to give a longer period of notice than an employer and it is entirely lawful for an employer to get away with this.

So just putting LEGAL in capitals doesn't make it so...

[cojak]

And we don't have contracts of employment.

My current contract has my notice period at 4 weeks and the agent's at 2 weeks.

All reviewed by specialists and perfectly legal.

[jimbo45]

Wrong jimbo. Take a look at this:

Contracts of Employment - Employment Law Solicitors

With particular reference to


So just putting LEGAL in capitals doesn't make it so...

Hi there.

I think you'll find (even though there seems an opinion that we as UK should be OUT of the EU) that EU contract law takes precedence.

I'll see if I can dig out some actual CASE LAW on this -- it's IMO an important issue that really should be sorted out since people could get burnt quite severely if they sign a wrong deal. (Any Scottish readers - I'm not sure here -- I can only surmise about ENGLISH case law here).

There's also a "notional" requirement that a Contract needs to be FAIR and REASONABLE on both sides and does not contain any elements of "co-ercion" or duress in it. Of course those definitions open all sorts of other cans of worms too though.

I could be wrong here -- the whole area of Contracts and Torts is a real minefield -- all I definitely know is that agencies and clients will get away with whatever they can get away with.

So I'll accept -- further research needed here - but I still maintain that I've never heard of anybody whose contract has been terminated early for no reasons of incompetence or discipline actually got paid for the period in lieu of notice. This is probably due to the fact that most people sign contracts where there's no notice period you can give on the contractor side while the other side can terminate at will.

I've actually never had any problem in changing these contracts to say I month notice on either side before starting work -- but wait until you've got the offer first since most people won't want to go through the whole recruitment procedure again with a new candidate.



Cheers
jimbo

[eek]

Hi there.

I think you'll find (even though there seems an opinion that we as UK should be OUT of the EU) that EU contract law takes precedence.

I'll see if I can dig out some actual CASE LAW on this -- it's IMO an important issue that really should be sorted out since people could get burnt quite severely if they sign a wrong deal. (Any Scottish readers - I'm not sure here -- I can only surmise about ENGLISH case law here).

There's also a "notional" requirement that a Contract needs to be FAIR and REASONABLE on both sides and does not contain any elements of "co-ercion" or duress in it. Of course those definitions open all sorts of other cans of worms too though.

I could be wrong here -- the whole area of Contracts and Torts is a real minefield -- all I definitely know is that agencies and clients will get away with whatever they can get away with.

So I'll accept -- further research needed here - but I still maintain that I've never heard of anybody whose contract has been terminated early for no reasons of incompetence or discipline actually got paid for the period in lieu of notice. This is probably due to the fact that most people sign contracts where there's no notice period you can give on the contractor side while the other side can terminate at will.

I've actually never had any problem in changing these contracts to say I month notice on either side before starting work -- but wait until you've got the offer first since most people won't want to go through the whole recruitment procedure again with a new candidate.



Cheers
jimbo

Whats the phrase....

oh yes I used to think you were clever until you opened ya mouth. (sorry to insult in a professional forum cojak but this is just more unfounded inaccurate garbage).

[jimbo45]

Whats the phrase....

oh yes I used to think you were clever until you opened ya mouth. (sorry to insult in a professional forum cojak but this is just more unfounded inaccurate garbage).

Hi there
I hope you aren't referring to my post -- I did say in it that I need to do some more research in this whole area as it IS a minefield and a lot of people are only too happy in present circumstances to get a contract --reading the small print often doesn't occur to them until it's too late.

Cheers
jimbo

[cojak]

Oh, and I'm perfectly happy with the unequal arrangement.

[northernladuk]

Hi there
I hope you aren't referring to my post -- I did say in it that I need to do some more research in this whole area as it IS a minefield and a lot of people are only too happy in present circumstances to get a contract --reading the small print often doesn't occur to them until it's too late.

Cheers
jimbo

He must be, it's the only garbage on this thread.

Here is a good start for some research...

Contractors' Questions: Is my agent acting legally? IT contractor notice periods & IR35 explained :: Contractor UK

and finally...... from one of our very own.. Take about Mr Malvolio...

Freelance Contracts: Are notice periods worth having?

Loving the intro to another of his articles...

Master-moaner and freelance freedom-fighter Malvolio takes a look at Tax and Employment Benefit Trusts (an alternative to Umbrella Companies that promise up to 25% more in your pocket). Are these tax...

[Wanderer]

all I definitely know is that agencies and clients will get away with whatever they can get away with.

And that is the bottom line. They put all sorts of things in contracts and the enforceability would only ever be truly known if it came to court (which it won't) so they are happy to bumble along with their lines in bluff and bluster while plenty of contractors are happy to accept it too.

[eek]

Hi there
I hope you aren't referring to my post -- I did say in it that I need to do some more research in this whole area as it IS a minefield and a lot of people are only too happy in present circumstances to get a contract --reading the small print often doesn't occur to them until it's too late.

Cheers
jimbo

I was because you don't understand the purpose of eu law. I will give you some leeway as governments often don't until remind of it.

The purpose of eu law ( at least according to the eu) is to set a bench mark. Governments may choose to implement the law in their own way but by having a benchmark and the European court as its final decision making point - in theory all countries will implement a law that meets both the base eu standard and local requirements.

Contract law is an exception to this. The eu keep well out of contract law as the variations between roman and common law is so great no one wishes to try and merge them.

Oh and contracts don't need to be equally fair on both sides they can be inequitably in some way as other clauses may reflect that inequitability. Unequal terms but a high Rate of pay may be a suitable quip pro quo.