I barely look at the notice period anymore as it is fairly academic, although in fairness most clients do honour it.
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Early termination of the contract by client
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Originally posted by BrilloPad View PostThey are under obligation to honour your notice. But there is no obligation to provide you with work.
In effect, notice periods are meaningless.
Sadly, you have to move on. Start looking elsewhere.
So why is it meaningless for contractors? We are a business after all.Comment
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Originally posted by 1manshow View PostIf I was to engage in many other types of businesses, being rentals, building work, even appointing an estate agent , notice periods are not meaningless and are enforcable.
So why is it meaningless for contractors? We are a business after all.
Maybe it is because most contractors are disguised employees? Certainly most CUK contractors seem to think every other contractor is - apart from themselves.Comment
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Originally posted by 1manshow View PostIf I was to engage in many other types of businesses, being rentals, building work, even appointing an estate agent , notice periods are not meaningless and are enforcable.
So why is it meaningless for contractors? We are a business after all.
The second is that we are on a T&M contract. We get paid x per day for every day we work. It's there in the contract. All the ones you mention are written differently so a different type of engagement. If it was fixed price then yes, you get your money.. but it's not. You agreed to it.
I still don't think work within a contract is MoO by the way. That's extra work outside the agreed piece of work. There are actually obligations within a contract and that's something like they you will do work for which they will pay.
If there is no work to do then you don't get paid. If they say 4 weeks notice and your done and you keep working then absolutely yes you get paid. If they say 4 weeks but we've nothing for you to do then you don't get a penny. The notice period has been exercised properly as per the contract, you just don't earn a penny so effectively instant.
It does annoy me that agents don't understand this a little better so when early termination occurs they can word it better to avoid all this rubbish. They can still give notice and the contract is honoured but you just go straight home. That way arguments about breach and all that don't have to happen.'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by BrilloPad View PostSorry if I sound like I am repeating myself. But there is no MOO. So no obligation to provide work.
Maybe it is because most contractors are disguised employees? Certainly most CUK contractors seem to think every other contractor is - apart from themselves.Rhyddid i lofnod psychocandy!!!!Comment
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Originally posted by psychocandy View PostCUK contractors think they are mega important and everyone else works in 1st line desktop support. I think its to make themselves feel important.Comment
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Originally posted by 1manshow View PostIf I was to engage in many other types of businesses, being rentals, building work, even appointing an estate agent , notice periods are not meaningless and are enforcable.
So why is it meaningless for contractors? We are a business after all.
FWIW, you could have a contract like that. But you probably don't (like {some large number}% of all our contracts)Comment
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Since the agency doesn't seem to know they're not liable to pay notice - otherwise they wouldn't waffle on about client complaints - why not try to negotiate a settlement? You've got nothing to lose but a bit of time.Down with racism. Long live miscegenation!Comment
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If this happened to me I'd be noting that outcome as a extremely strong indicator that I was outside IR35 for that gig.
I'll be very happy to be invited in for a chat to talk about how I've got all the work done and that regrettably there is nothing more to be done, so thanks and see you later.Comment
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The problem is that most contractors don't have the legal clauses in the contract they require to ensure they're compensated if the contract is terminated early. When I worked for a small company that offered services there was always a clause outlining the amount of compensation to be paid in the event of the termination of the contract.
If you don't have that clause in legal action gets complicated, especially when you have clauses in about only being paid for work actually carried out for the client.I'm alright JackComment
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