Freelancer Employment contracts

5 posts in this topic

Hello everyone and a Happy and Prosperous New Year to all,

 

I am currently working as a Freeelancer and have an Order ( for a specified number of hours) to work as a subcontractor from a Recruiting Agency.

 

The Order has an option that the User (Third party) may terminate this contract with two weeks notice if the project is cancelled and hence my employment will be terminated.

 

Do I have the same option to terminate my contract if I find a better job (maybe in a different country)?

 

Thanking you all in aticipation of responses

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Well, Eshek, it depends what the contract says. I suggest that you do look at the small print.

 

There's certainly no general rule about this. Normal 30 days' notice could apply though. But that's legal stuff.

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Hannoverian,

 

Thanks for the response the Order is one sheet of paper with the heading

 

"Placing of Order for subcontracted work Order No ------------

and the following details

No of hours

Time Frame

Location

 

In case of cancellation of this work by the customer, the notice will be 2 weeks served on you in writing."

 

The letter goes on to say how I should Invoice them

 

Nothinfg else

 

There is no small print.

 

Your help is appreciated

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Dear Eshek,

 

this seems to be a rather unsual contract. Pretty one-sided anyway. That person or company doesn't even make a contract with you, it is "placing an order" which suggests that there is some legal framework or agreement beforehand.

 

If that letter is indeed all, I suppose you can simply decline to do the job as long as you have not started work. Otherwise you have accepted the terms.

 

This is no legal advice and I suggest that you see an "Anwalt" about it or may be go to one of the "Verbraucherzentralen" who can possibly help you if you ask nicely. ;–)

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It appears you have a specific order to contract which is supplemented by general conditions of contract form the agency which may be sent (or should be requested) separately - one sheet is definitely not enough! These general conditions should specify the notice required for you to be able to resign from the contract. Agencies clearly want to protect themselves from the circumstances that their customer wants to escape from the deal and reflect them in your contract accordingly. They can't tie you down for life, however, so their contact with you must include an escape clause for you if you want to get out. It's not impossible that such a general contract will include penalty conditions, of course.

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