Notice Period for IT Contractor

W

WGT

Registered User
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Hi,
Just a quick question.
I am an IT contractor and recently I got my contract renewed. It is basically the same
contract as before except that the notice period for both parties has been increased from
1 month to 3 months. On the face of it, this seems positive as it makes my position more
secure. However, in the event that I want to leave in the future, I think it is restrictive
because what company is going to wait 3 months.
Maybe I should just sign the contract and then if this case arises perhaps I could still give
1 months notice as people have said that legally you shouldn't have to give more than 1 month
notice. The 3 months notice is probably more of a gentleman's agreement.
Does anyone have any suggestions how I should proceed? Should I try and reach a compromise
with my employer or just sign the contract.
Thanks.
 
If they are trying to tie you in for a three month as opposed to one month notice period, then it would appear that they place a value on ensuring that you remain with the company. They should pay for that right.

I would refuse to sign unless (a) a one month notice period is agreed or (b) you get a financial incentive to move to a three month period.

There is no such thing as a "gentlemans agreement" when terms are reduced to writing. The contract, and the contract alone, dictates what notice period is intended between the parties. This is particularly true where you are an independant contractor as opposed to an employee of a company.

If you agree to a mutual three month period by contract, you cannot (and will not be permitted to) provide a mere one month's notice.
 
Have a think about what you are prepared to do if they refuse to negotiate? Are you prepared to walk?

If the employer is a large organisation, this change could be due to a change in corporate policy that has nothing to do with your personal relationship with the employer.
 
WGT said:
Hi,
Maybe I should just sign the contract and then if this case arises perhaps I could still give
1 months notice as people have said that legally you shouldn't have to give more than 1 month
notice.
Click to expand...

Not true. If you sign a contract saying 3 months then you do have to give 3 months notice.
 
bigchicken said:
Not true. If you sign a contract saying 3 months then you do have to give 3 months notice.
Click to expand...

Excuse the stupid question, what sanction, if any, can an employer realistically bring against an employee who leaves giving less notice than contracted?
 
Probably nothing they can do, but like all these things it's always best to avoid conflict. It's still such a small country, despite all the growth in business, that if you get the reputation as someone who walks away from contracts, it'll count against you in the future.
 
ang1170 said:
Probably nothing they can do, but like all these things it's always best to avoid conflict. It's still such a small country, despite all the growth in business, that if you get the reputation as someone who walks away from contracts, it'll count against you in the future.
Click to expand...

Good advice in general I'm sure. However, let's say that I have a contracted notice period of 4 months but have been offered a job on the condition that I start immediately, realistically there is nothing to stop me taking up this offer. The only real obstacle seems to be maintaining good will.
 
My advice would be to negotiate back down to 1 month's notice on either side. I think it's a reasonable thing to ask, especially as the precedent had been set.

If they won't budge, then it's up to you whether it's a deal breaker.

If it came to it and you were on 3 month's notice and they were willing to release you from the term if you wanted to go early, then well and good. If they're weren't though, you'd be stuffed.

Don't think that just because you haven't asked for a reference that this kind of stuff won't come back to hurt you in the future. People in IT move around a lot, and if you leave someone in the lurch it'll be remembered, possibly by some manager who's now responsible for recruiting for that position you desperatley want in a completely unrelated company that he or she's now working for.

Depends on how highly you value your reputation I guess....
 
bankrupt said:
Good advice in general I'm sure. However, let's say that I have a contracted notice period of 4 months but have been offered a job on the condition that I start immediately, realistically there is nothing to stop me taking up this offer. The only real obstacle seems to be maintaining good will.
Click to expand...

well, they might have recourse to sue for breach of contract.
If they had to hire a contractor on a more expensive short-term contract to cover the notice period they could try to recover the excess amount from you through the courts. However, this is probably not that common.

A three month notice period would also be useful if it came to e.g. redundancy as it would give you more time to find a new job.
 
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