Notice period

[shields4459]

Hi all,

I have a 3 month notice period for this contract which i regret agreeing to but that's a different story!

The role has changed and I believe I'm now being asked to do tasks out of contract which they are not will to reflect in day rate so I'm thinking about leaving.

What's the thoughts on me giving 1 months notice and if they might withhold pay for that month or anything else?

Thanks

[Antman]

Notice period is for permies. You're in a B2B relationship, negotiate your way out.

[TheFaQQer]

If the client is offering work that is outside the scope of that agreed, then refuse to accept the new work, citing your MOO clause.

Take professional advice, though.

[SteelyDan]

Notice period is for permies.

No it's not. Most of my Ltd Co contracts have both ways notice periods, ranging from zero to 28 days on the client's part; maybe 7, 14, 28 on my part.

[Antman]

No it's not. Most of my Ltd Co contracts have both ways notice periods, ranging from zero to 28 days on the client's part; maybe 7, 14, 28 on my part.

You are right that contracts have notice periods in, mine have done. However if you see yourself as a business supplying a service you wouldn't invoke it or expect it to be invoked.

If a client doesn't want your services anymore then by invoking a notice period, they say that they'll pay you for a certain amount of time irrespective of any work done in that time, which for my money places you in the category of disguised employee.

My mentality is that we are zero hours contract workers, if the client doesn't want us then they are well within their rights to say so, I don't expect any loyalty from the end client. However the reality is often that they just let a contract lapse as opposed to invoke any MOO element and so avoid any unpleasantness if they feel the match isn't right (which has happened to me before).

In the other way, if I don't want to stay somewhere I just won't renew. If there is a fantastic contract for a load more money 2 minutes from home then I'll try and negotiate a way out (that hasn't happened to me yet but I live in the sticks). Ultimately the contract should have MOO from both sides, so whilst they don't have to supply any work you don't have to accept*. Failing that speak to PsychoCandy about phoning sick!

(only joking PC )



*My understanding of MOO may get shot to pieces here.

[SteelyDan]

You are right that contracts have notice periods in, mine have done. However if you see yourself as a business supplying a service you wouldn't invoke it or expect it to be invoked.

If a client doesn't want your services anymore then by invoking a notice period, they say that they'll pay you for a certain amount of time irrespective of any work done in that time, which for my money places you in the category of disguised employee.

My mentality is that we are zero hours contract workers, if the client doesn't want us then they are well within their rights to say so, I don't expect any loyalty from the end client. However the reality is often that they just let a contract lapse as opposed to invoke any MOO element and so avoid any unpleasantness if they feel the match isn't right (which has happened to me before).

In the other way, if I don't want to stay somewhere I just won't renew. If there is a fantastic contract for a load more money 2 minutes from home then I'll try and negotiate a way out (that hasn't happened to me yet but I live in the sticks). Ultimately the contract should have MOO from both sides, so whilst they don't have to supply any work you don't have to accept*. Failing that speak to PsychoCandy about phoning sick!

(only joking PC )



*My understanding of MOO may get shot to pieces here.

I don't agree with anything you say here at all, apart from the first 9 words, which is basically regurgitation of what I said.
What got my goat was your factually incorrect response to a newbie genuine question, where it's apparent you just wanted to appear big & clever, offer nothing constructive, and made yourself look a complete knob in the process.

[Antman]

I don't agree with anything you say here at all, apart from the first 9 words, which is basically regurgitation of what I said.
What got my goat was your factually incorrect response to a newbie genuine question, where it's apparent you just wanted to appear big & clever, offer nothing constructive, and made yourself look a complete knob in the process.

oh boo-hoo-hoo

[SpontaneousOrder]

You are right that contracts have notice periods in, mine have done. However if you see yourself as a business supplying a service you wouldn't invoke it or expect it to be invoked.

If a client doesn't want your services anymore then by invoking a notice period, they say that they'll pay you for a certain amount of time irrespective of any work done in that time, which for my money places you in the category of disguised employee.

My mentality is that we are zero hours contract workers, if the client doesn't want us then they are well within their rights to say so, I don't expect any loyalty from the end client. However the reality is often that they just let a contract lapse as opposed to invoke any MOO element and so avoid any unpleasantness if they feel the match isn't right (which has happened to me before).

In the other way, if I don't want to stay somewhere I just won't renew. If there is a fantastic contract for a load more money 2 minutes from home then I'll try and negotiate a way out (that hasn't happened to me yet but I live in the sticks). Ultimately the contract should have MOO from both sides, so whilst they don't have to supply any work you don't have to accept*. Failing that speak to PsychoCandy about phoning sick!

(only joking PC )



*My understanding of MOO may get shot to pieces here.

MOO doesn't mean you can just quit whenever you like. It means (on your end) that you are under no obligation accept work.

Given that you already accepted, and signed a contract to do a certain piece of work for a certain period of time, then you *are* obligated to do that work - subject to termination clauses. You are not obligated, however, to accept any additional work that doesn't fall into the scope of that contractual agreement.

[WordIsBond]

Notice period is for permies.

Notice period is also for consultants who are good at what they do so their services are in high demand, and don't have to leave themselves vulnerable to being jerked around.

If it weren't for the stupidity of IR35, I'd never accept a notice period less than 3 months on the client's part. Since IR35 is out there, I keep it to a month, but no client will get my services on any contract over three months without committing to a month's notice. And it's only fair to give the same notice period to them in return. If I had any doubts about being able to work out the contract in full, I'd never accept it.

You're in a B2B relationship, negotiate your way out.

I do agree with that. If the client wants you to do work outside the scope of the contract, it should be easy to do that. "This is not what we agreed, how about if we reach a mutually beneficial agreement to wrap this up early. I'd prefer a month, but if you want to do two weeks or two months, I can work with that." But if you walk away in breach of your contract (one month notice when you agreed to three), you cut yourself off from ever working with that client again, and word can get around that you can't be trusted. Don't walk away, negotiate away. And if they won't negotiate, give your notice and work it out. They'll respect you for it, and it can pay off later.

[tractor]

...

I don't understand why anyone thinks that notice is exclusively the domain of the employee.

Have a look at all your B2B contracts with your business suppliers esp if you have premises. They will all contain notice clauses on both parties. Would you be happy if your electricity supplier just cut off your supply and said 'Hey, no MOO, get over it!'

If you don't plan to stick to the contract, don't sign it. If it has notice periods, honour them and hold your agent/client to it.

That is business!