One of the work sites has offered me a position, but there are clauses that state that I need to give:
- 4 weeks notice for annual leave
- 4 weeks notice for termination.
However, they don't pay me any forms of leave. I'm a contractor so would it be fair to just strike out the clauses? I didn't think contractor were legally obliged to give any minimum period of notice.
Independent Contractor - Contract clauses for leave and termination
LFalconjack on 16/04/2019 - 13:15
Comments
4 weeks notice annual leave - that seems reasonable due to them probably needing to find coverage during that time
4 weeks termination - is that them terminating you, or vice versa? If it is former, that is good of them as contractors usually don't get any notice but have 2 weeks out of courtesy. If it is the latter, same thinking as the annual leave.leave should be bi directional, if they want 4 weeks you want 4 weeks
if they want to give no notice then tell them you dont either.
One of the work sites has offered me a position, but there are clauses that state that I need to give:
- 4 weeks notice for annual leave
- 4 weeks notice for termination.
However, they don't pay me any forms of leave. I'm a contractor so would it be fair to just strike out the clauses? I didn't think contractor were legally obliged to give any minimum period of notice.I have been doing contracting for 12 years. All contracts I have seen contain this.
It is just common courtesy to give some notice where you are planning to take some time off, even as a permanent this is expected.
As for the 4 weeks notice period, it's a guide and seldom a legally enforceable understaking.
Again as a courtesy, give your employer as close to 4 weeks as possible. Having said that I have had bosses who are happy to compromise a shorter notice period if handover has been done nicely.
None of those terms are anything to be concerned about. At the end of the day they cannot force you to stay if you are going to leave. The worse that will happen is you will have a bad name with that employer so don't bank on going back.
I'm a contractor so would it be fair to just strike out the clauses?
You could, but the other party must agree to this. You don't just get to "strike out" clauses that don't suit you and then the other party just has to cop it.
But seriously, the terms that are proposed are not unreasonable.
Sounds like they want you to be an employee, without meeting employment obligations.
The requirement for advance notice of leave seems reasonable. It is not related to being paid for it, but allows the employer to manage the work outputs versus resource availability.
The notice period clause is similarly common. You could walk away without giving the full notice period, but those that do that would become known in your industry reasonably quickly. Depends how often you change jobs.