Terminating/changing a sub-contractor agreement?

judywoody

Hi,

just to clarify: I am the sub-contractor...

I am working from home but I haven't been feeling well at all lately and the type of job is cracking me up mentally..so I spoke to my husband and he said to speak to my "boss" (I am self-employed) to explain the matter to him and ask to only work 2 days - although we verbally agreed to work 4 days on this project (the contract doesn't state a work pattern). Now the project is nearly finished (by the looks of it - unless they give me more work)..But I am a bit confused what the contract refers to because I am only working on a project basis - so if there is no work there is no work...Am I legally obliged to take on the work he offers me (since I am a contractor) or can I turn it down? Even in the middle of a project? I don't want to terminate the contract really (although I have other alternatives) - I just want to reduce my hours. Now there is a clause regarding termination of the contract (I just want to reduce but just in case he gets his knickers in the twist..)..But I don't understand why I have to give 4 weeks notice when I am self-employed...It's the first time I had a clause like this in a contract..I work for another company, too and they state they are not obliged to give me work neither am I obliged to finish a project...but in the other contract it states:

The contractor agrees to give the principal a minimum of 1 month's written notice to terminate the agreement in order that the principal can find a suitable replacement. The principal will give the contractor 1 week's notice to terminate the agreement (typical)

So what exactly does that mean for me? Am I obliged to work 4 days if I can't hack it since this is not stated in the contract?

glasgowdan

I suggest you think about the bigger picture - if you pull out, then the principle contractor is in a really bad position. They will end up losing money trying to find someone to replace you, and may even lose the client because of it, which could ultimately cost a fortune!

If you can't work the agreed hours (verbal agreement is binding) then your contract can be terminated with 1 week's notice going by the information provided.

judywoody

glasgowdan wrote: »

I suggest you think about the bigger picture - if you pull out, then the principle contractor is in a really bad position. They will end up losing money trying to find someone to replace you, and may even lose the client because of it, which could ultimately cost a fortune!

If you can't work the agreed hours (verbal agreement is binding) then your contract can be terminated with 1 week's notice going by the information provided.

Thanks,
that's what I was trying to figure out..so it might be better to bite the bullet and not take on any more projects once this one has run out - do I still have to give 4 weeks notice and terminate the contract or can I just turn down other offers for projects?

glasgowdan

If you just turn down new projects you will still be a contractor. It might be better for you to just give the notice? What sort of work is it?

Hope you are ok re: the stress side of things, I know it can really affect someone's life if work isn't reasonable.

judywoody

It's tele-marketing...I only took on the work because the other company I usually work for didn't have any projects for 3 month. But it's picking up again now and they are more flexible and pay more as well..so I could even work 1 day instead of 2. The current company knows that I work for this other marketing company as well..let's say this project finishes and I get work with the other company again, would that be reason enough to tell him I can't do it at the moment and have to give the other company priority? The work for both companies is cracking me up but I have not much choice - up here I can't get better work unless I would be happy to work full-time for a minimum wage...and I would still have less money than working 2 days in tele-marketing..

glasgowdan

I think reasonably you could turn down any work to be honest. I guess all that would happen eventually is they would strike you off their subbie list, which is probably what you want!

Are you up in the cold north?

judywoody

glasgowdan wrote: »

I think reasonably you could turn down any work to be honest. I guess all that would happen eventually is they would strike you off their subbie list, which is probably what you want!

Are you up in the cold north?

yeah I just don't wanna get into trouble for turning down work...


yes I am...and I'm hating it...got married here and hubby not keen to move...I could get a job down south in no time... sob...

glasgowdan

Aberdeen is quite busy with lots of employment at the min, is somewhere like that not a possibility?

judywoody

glasgowdan wrote: »

Aberdeen is quite busy with lots of employment at the min, is somewhere like that not a possibility?

Sounds good - but it's even further up north ..haha...Won't be good for my SAD :-) Didn't realize that Aberdeen is so busy at the moment?

I am in the course of persuading my hubby to move - what's the weather like up there?

glasgowdan

Well I'm in Glasgow and the weather here is bad enough; I would go crazy if I went to Aberdeen I reckon! It's been rain all year and I work outdoors.

Have you got kids that would get disrupted during a move? I think your hubby will have to crack eventually! Although I would move waaay down south if it were me moving. Somewhere like sunny dorest where the sun shines and farmers markets are alive and well

judywoody

Yes me too..I used to live in Bristol and I loved it. If I didn't need a job I would move futher down south..my dad wants to buy us a house but my hubby ain't convinced yet...(sounds crazy, I know...it's on the condition that we move down south - my dad would prefer to visit us in the south..lol)