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Notice period of independent contractor

  • 14-10-2014 10:26am
    #1
    Dathai
    Registered Users Posts: 2,192 ✭✭✭


    Hi folks,

    I'm currently an independent contractor and my contract is for 6 months (currently in my 2nd). I have to end the contract early for personal reasons and I need to give in my notice 1 month before my departure. In my contract it says (where "The Agency" is the recruitment company which pays me, the Consultancy is me and the End User is the company I provide services for):

    Termination by the Consultancy
    The Consultancy may terminate the Agreement by giving The Agency the Notice Period specified (1 month) if:
    1) The Agency is in default of any agreed payments under the Agreement and fails to remedy that default within 14 days of receiving a written demand from the Consultancy; or
    2) The End User fails to accord the consultancy reasonable access to premises

    Am I able to give my in my notice considering the fact that I will be leaving for none of the above reasons? Or would this be in breach of contract?

    Really not sure as I've never had to give in my notice for any previous jobs!


Comments

  • #2
    The Hill Billy
    Registered Users Posts: 22,744 ✭✭✭✭The Hill Billy


    Just give them your notice in writing claiming personal reasons. It would be unrealistic of the agecy to truly expect that you could/would only give notice for the two reasons stated.


  • #3
    Mrs OBumble
    Registered Users Posts: 25,656 ✭✭✭✭Mrs OBumble


    Are you an employee of the agency, who gets PAYE deducted from your wages?

    Or are you a real contractor? If the latter, then I think it would be a breach of your contract to walk for any reason other than that specified, and it's possible that they may sue you for the costs incurred. (Could be a couple of months pay to cover the delay, recruiting and re-onboarding. Or a lot more if the knock-on effect of your leaving delays a large project. Do you have professional indemnity insurance - what does it cover?

    You may be able to get away with it by spinning them a sob story about your personal circumstances. But the hard edge of being a real contractor is that no one is obliged to treat you as a human being. Personally I would never sign a contract that did not have a break clause that covered personal circumstances.


  • #4
    Dathai
    Registered Users Posts: 2,192 ✭✭✭Dathai


    I'm an independent contractor with an umbrella company, who is consulting for an agency.


  • #5
    Ranjo
    Registered Users Posts: 446 ✭✭Ranjo


    I've been there and depending on the relationship with your employer, you can give one week's notice really. However, the norm would be to give a months notice and work proactively with your employer on a handover of your work.

    The nature of contractors is the long term instability of resources coming and going is a by product of a non-permanent employee model.


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