Ending a contract without notice

djgarvey123

Hi,

I'm currently working as a contractor and have never been as unhappy in a job. Section 21 on my contract is as follows:

21. Termination without notice

The Contractor’s engagement under this Agreement may be terminated forthwith at any time before the expiry of the Contract Period without notice and without the payment of compensation in any of the following events namely:

(a) if the parties mutually agree to such earlier termination, or

(b) if the Contractor shall neglect or fail or refuse or be unable to provide the services, or

(c) if the contract between the Company and the Client is cancelled or frustrated before commencement, or

(d) if the Contractor fails to satisfy the Client that the Contractor has the qualifications, skills, ability and experience necessary for the carrying out of the Project under the management of the Client and to the satisfaction of the Client, or

(e) if the Contractor shall be guilty of any serious misconduct or a fundamental breach of the terms and conditions of the Agreement including, but without prejudice to the generality of the foregoing: any serious misconduct, breach of confidentiality, failure to adhere to Client’s procedures or code of practice, and for incompetence; incapacity; wilful disobedience of reasonable orders or dishonesty;

My question is, will I get paid for the days I have already worked, according to section 21.b above?

Any help woule be greatly appreciated.

tenchi-fan

I'm assuming you're paid an hourly rate? If so you should get paid for days you already worked.

djgarvey123

I'm on a daily rate. My only concern is that if I refuse to work and my contract is terminated without notice, can the client offset value of time lost against my wages?

Teyla Emmagan

How many days are you owed for? Take it you have to invoice and then wait a month to be paid? They are unlikely to face the hassle of not paying you in the end, but at the same time I'm sure they won't be very pleased and may decide to make things difficult for you.

Can you last a month and just hand in your notice? You could always call in sick for a few days once you do (for which you won't be paid of course, but might be good for your state of mind). It would be easier to leave without getting into a fight. Dublin's a small town as well etc.

djgarvey123

I'm owed for 20 days. Due to get paid on the 12th.

I guess I could last a month and hand in my notice, if that is my only rational option. Good well thanks for the advice guys.

Teyla Emmagan

I would tough it out if you can. Especially if you hope to go contracting again, it can be a small market (presumed you were in Dublin above - you may not be of course!) but a bad story can follow you around. And with the month that's in it, there will hopefully be a bit less stress and a few days off as well.

Feel for you though - have been in a similar situation and I know exactly how miserable a job you hate can make you.

Looking at your contract though I would think you would be in breach of it if you just walk out. Worse case scenario they could pursue you for damages, you never know.

djgarvey123

Teyla Emmagan wrote: »

I would tough it out if you can. Especially if you hope to go contracting again, it can be a small market (presumed you were in Dublin above - you may not be of course!) but a bad story can follow you around. And with the month that's in it, there will hopefully be a bit less stress and a few days off as well.

Feel for you though - have been in a similar situation and I know exactly how miserable a job you hate can make you.

Looking at your contract though I would think you would be in breach of it if you just walk out. Worse case scenario they could pursue you for damages, you never know.

Thanks for the recommendation. The support really helps too. I just spoke with a solicitor and he said the same thing as you did. I'm pretty sure I will just hand in my 4 week notice today....watch this space..!

djgarvey123

Handed it in today. All went smoothly .... !