Contracting - Notice period after termination

[rasith]

Has anyone been in a similar situation? I recently terminated my contract, it has a 30 day notice period which I said I'd work. They've given me 3 days! I've told them I want to work the notice period and they have now gone quiet. Below is part of the termination part of my contract with name's taken out.

5. TERMINATION
5.1 This Agreement will terminate automatically and without notice and without further liability to
either Party on the project end date specified in subsection 1.3 of this Agreement.

5.2 Either Party may terminate this Agreement by providing thirty calendar (30) days written notice
to the other Party.

5.4.3 For reasons outside of AGENCY’s control the Service terminates before the project end
date specified in subsection 1.3. In such cases where the project is terminated
prematurely, AGENCY will provide ME a minimum of one day notice, but it is the
intention of AGENCY to provide ME the standard notice as specified in 5.2 wherever
possible.


Things have ended well with the client. The agency that I work for that is supplying the client with contractors has gone quiet. Is this worth chasing?

Thanks

[NotAllThere]

No. It's not worth chasing.

Search this forum for plenty of people who've not had their "notice period".

[GhostofTarbera]

Contracting - Notice period after termination

No

How many days at your new contract will pay for the 20 missing days from this one ? Did you factor this into your new rate ?

Ask your new contact for quicker start date

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[PerfectStorm]

If there is no work, or they don't believe you're up to the work, then the "wherever possible" test has failed

In which case the clause is plain to see, you get a day.

If you've got IPSE you might want them to try to argue the toss for you

[northernladuk]

If you've got IPSE you might want them to try to argue the toss for you

No chance. It's written in the contract. He's looking at the wrong clause. The one that he's fallen foul of is the bit that says he get's paid for work done. The client hasn't offered work so he doesn't get paid. He's still working his notice, just not getting paid for it. The client has given the work to someone else so he's done.

OP, this is very common. If you use google and type in 'notice period site:forums.contracotuk.com' you see hundreds of threads of people in the same situation. It's very common and part and parcel of contracting. We work on a T&M basis as the client needs us. If you've said you are going then they've moved your work somewhere else and you are done. Your notice period is still ticking, you just don't get paid.

[malvolio]

As I've said many times, notice periods are meaningless for contractors. If they won't give you work, you don't get paid, regardless of what state you think your contracted work is in.

Also, if I'm reading it properly, you've actually finished the job and the supplying "agency" is the one you're arguing with (or about, since they aren't interested).

Move on. If you can't cope with gaps in your working life, don't be a contractor.

[GhostofTarbera]

If there is no work, or they don't believe you're up to the work, then the "wherever possible" test has failed

In which case the clause is plain to see, you get a day.

If you've got IPSE you might want them to try to argue the toss for you

You mean the company that does this on behalf of ipse not ipse themselves


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[rasith]

Thanks for the great advice.

I like the gaps in contracting and don't really ever want to go fulltime again. This is just the first time I've come across this in the decade I've been contracting. Guess I've been lucky.

I just thought both sides had to work their notice unless otherwise agreed.

Would this mean I could exit a contract without working 30 days or is that a whole other kettle of fish?

[NotAllThere]

Would this mean I could exit a contract without working 30 days or is that a whole other kettle of fish?

You are bound by the period. The client/agency is not. For reasons explained above.

[northernladuk]

Thanks for the great advice.

I like the gaps in contracting and don't really ever want to go fulltime again. This is just the first time I've come across this in the decade I've been contracting. Guess I've been lucky.

Yup

I just thought both sides had to work their notice unless otherwise agreed.

There is nothing in the contract about having to work during notice. You have to link the two clauses up. Once is about notice to end the contract, the other is the paid for work done.

Would this mean I could exit a contract without working 30 days or is that a whole other kettle of fish?

No. As NAT said but you are in a client/supplier relationship. Not everything is equal. When in a contract there are certain obligations if they give work, you do it. If they don't you don't. Where there is work offered within the agreement the obligation exists.