Can an employee end...
 

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[Closed] Can an employee end a fixed term contract.

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 Joe
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We have a temp that we hired two months ago on a 6 month contract. Today she's just "handed in her notice" and will be leaving in 28 days.

Is that normal or have our HR lot ****ed up?


 
Posted : 25/10/2011 8:52 am
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The alternative is bondage.

Unless it is a service contract... maybe.


 
Posted : 25/10/2011 8:55 am
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So, what you're saying is that you want to oblige her to do the work? What are you going to do if she doesn't turn up, sue her?

Please....


 
Posted : 25/10/2011 8:58 am
 timc
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ofcourse she can, this thread probably explains why she has done it as well, dear me 🙄


 
Posted : 25/10/2011 9:00 am
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What does it say in the contract?


 
Posted : 25/10/2011 9:01 am
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Not normal but not unusual either :(. Given that you can't lock her down and can't make someone do something they don't want to you are a little stuffed. I'd be working out why someone wanted to leave a 6 month contract half way through

and bad luck. It's a real pain when that happens


 
Posted : 25/10/2011 9:02 am
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So long as they work the notice period then yes you can "break" a fixed term contract (FTC).

The period of the FTC is to give the candidate an indication of the period of time required to do the work not the period of time the candidate is obliged to work.

If the client is clever they could have worked in a 6 month notice period and if this is broken then it becomes a breach of contract.


 
Posted : 25/10/2011 9:02 am
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28 days notice from a temp?

And you are complaining?


 
Posted : 25/10/2011 9:04 am
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28 days notice from a temp?

And you are complaining?

^^This^^

and,

What does it say in the contract?


^^This^^


 
Posted : 25/10/2011 9:05 am
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So long as they work the notice period then yes you can "break" a fixed term contract (FTC).
The period of the FTC is to give the candidate an indication of the period of time required to do the work not the period of time the candidate is obliged to work.

Which is fine if they are a contractor, if the person is a temp working under a temporary workers agreement and not a contractor then they can leave at any time without notice unless they are employed by the agency under Swedish Derogation then they have to give the minimum notice laid out in their contract with the agency which is usually one week.


 
Posted : 25/10/2011 9:09 am
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If the client is clever they could have worked in a 6 month notice period and if this is broken then it becomes a breach of contract.

breach punishable by instant dismissal?


 
Posted : 25/10/2011 9:15 am
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breach punishable by instant dismissal?

And fortune won by employee as employer includes unreasonable terms in the contract. That's what I call a real win/win scenario.


 
Posted : 25/10/2011 9:19 am
 Joe
Posts: 1705
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Yes. Sorry. I'm being an arse hole. It's her life...you guys are correct. 28 days is a quite a long time I suppose if her circumstances have changed.


 
Posted : 25/10/2011 9:22 am
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unless you believe in slavery yes they can do this in the same way that you can alsoe terminate it - I assume their are terms in the contract.
Most contracts are one week during a probationary period.


 
Posted : 25/10/2011 9:24 am
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ofcourse she can, this thread probably explains why she has done it as well, dear me

this^^

contracts of employment regardless of length will have a clause regarding the employees right to leave and the employers right to sack - its a two way street. if this isn't in a contract and they want to leave and you point out they can't, prepare for a tribunal!


 
Posted : 25/10/2011 9:28 am
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Yes. Sorry. I'm being an arse hole.

A perfectly valid question, so not ^^^ this.


 
Posted : 25/10/2011 9:30 am
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Considering they would only have to give one week notice, iirc, I think you've done pretty well out of it!


 
Posted : 25/10/2011 9:35 am

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