Getting out of Contract...

[Akeap]

My first post so please be gentle

I have been on my current gig for 5 months (renewed at 3 months).

The role was "ok" but very quiet up till xmas so with promises of more projects comming I renewed.

I signed the same worded contract as before.

It turns out that I have pretty much no work to do and sit around browsing all day long. Asked for more work and just told that is should be comming etc....very boring and depressing.

I have had an offer of another gig (better rate and much close commute) with lots more projects to get going on.

I check my contract for termination terms and it mentions usual breach of olbigations or in first 4 weeks for immediate from the companys side.

Also mentions that the agency can give me 4 weeks notice too.

It dosent mention any notice I must specify to terminate the contract.
I had my notice in for 2 weeks so that the very small amount of work can be handed over and give a token amount of time out of courtesy.

It seems that the customer has a contract with the agency stating that the contract must come to the end of the period and can not be terminated.
I didnt sign anything with this written on it.

I have 1 month left till the end, and the other gig cant wait that long.

The agency is now trying to play the "must complete till end of contract" as In the contract is does not give and option for me to give notice.

The question is:

If there is no mention that I can or cannot give notice does this mean I cant give any kind of notice?

I assume that if they dont specify a notice period on the contract then it can be anything from 0- whatever notice I choose to give?

thanks in advance.

[Hex]

It sounds like you've got a contract with no facility for you to give notice, so the contract remains in force until its termination date.

However, is there anything in the contract that says you can't work for others at the same time? Is there anything in the contract that says you must turn up at all? If not, you could probably leave the contract running but not turn up and work elsewhere instead.

It probably won't do your reputation any good mind.

[Sockpuppet]

Go smack the ass of the secretary. That'll do it.

Seriously just explain that you are leaving. Not turning up again. Tell them that you are going to be sick for the next 3 weeks.

They'll get the picture.

[VectraMan]

You shouldn't be there with nothing to do anyway. Inform them that as they have no work for you to do, you've decided to give another client priority.

You never know, you may be able to get paid twice.

[NotAllThere]

The client can't give notice? Did the agency tell you that or the client?
The client may be delighted to let you go early - that way they don't have to pay for you. Most client contracts have some grounds that the client can use to get rid of a contractor.

[TheFaQQer]

The question is:

If there is no mention that I can or cannot give notice does this mean I cant give any kind of notice?

I assume that if they dont specify a notice period on the contract then it can be anything from 0- whatever notice I choose to give?

If there is nothing in the contract that says that you can give notice, then you can't give notice.

If you hire a plumber, does he have a notice period in his contract, or is he expected to finish the job?

You could try talking to the client () and suggest that since there isn't much work, you could mutually agree to terminate the contract.

BTW - you may want to ask an administrator to change your username, rather than giving out your email address to the spambots.

[ratewhore]

If there is nothing in the contract that says that you can give notice, then you can't give notice.

You may or may not be right Faqqer. I tend to go with Hex though - sign the other contract and just tell the existing pimp you won't be billing for the next few weeks. If he asks why, don't feel you have to tell him anything beyond you're not available.

There'll be a clause in there somewhere about having notice served on you if you are not available for work for a set number of days, but given you'd be walking into another contract anyway, why worry?

And if anyone says you'll be blacklisted - urban myth!!

[Turion]

You were taken on to do some specific work right? Not just sit around all day. Your client shouls be providing the work specified, otherwise they are breaching the contract. Unless of course your contract says that you should be sitting doing nothing all day.

Tell them you are leaving and why? The client will understand, if he does not, he is a client you should walk away from anyway. The pimp will try pulling every trick to make you stay so he gets commission. Just ignore. In this game look after your self first. You won't get anywhere in this game by being 'nice'.

[TheFaQQer]

You may or may not be right Faqqer.

Phew - glad we cleared that up

I'd talk to the client, and agree mutual termination rather than walk. Or stay and join TPD, which is what I did last summer.

[scooby]

i think i know the agency, does it start with 'S'?

i and other at my place had the same issue and contract... there is however the usual subsitution clause.