atw: Re: Was: ..truth and logic now Ambit contract

Here in Minnesota (USA) we have "at will" employment - which means that the employer may terminate your employment at any time for any reason, or for no reason at all. They all expect you to give 2-4 weeks notice, however, and if you ever want to work again, you do. I worked for a company that decided to get rid of all of those employee's who were coming close to vesting (having put in years of loyal service). The unfortunate <older> employees found out that they were axed when they came to work and found someone else in their chair.

With contract employment, it happens regularly that you often get less than a day's notice. There are still a dwindling few who have the decency to let you know ahead of time, but they are increasingly out-numbered.
The current carrot to entice contractors is to promise a six month to one year contract when they have no intention of doing more than working you to the bone for three months on a do or die project that they let get out of hand.
It's only been recently that the state finally got around to requiring that recruiters offer medical coverage to full time contractors (for which the contractor pays through the nose), so another trick is to hire 0-40 hours, so that the recruiter can call it part time and not provide medical coverage then work you mostly full time and reserve the freedom to manipulate your schedule so that the client can send you home any day that the work load is slow, with no pay and five minutes notice.
And of course, it goes without saying that as a contractor, there are no benefits, no paid time off and zero vacation. That is of course, more and more jobs are sent offshore while we are admonished to be loyal and "buy American". pfffffffffffffffft!
So folks, emulating disfunctional USofA employment practices is not recommended.
MHT


At 08:33 PM 11/28/2005, you wrote: 
Terry D:
On Tue, 29 Nov 2005 12:54:12 +1100 (EST),  you wrote:

> I've even received a contract from Ambit ("Australia's largest
> privately owned IT&T placement agency") that had clause
> entitling them to give a one-hour
> termination notice without cause. After I objected, they
> withdrew the offer, claiming that if they changed my
> individual contract they would have to change everyone's.
>

Good to record that and important that everyone knows that this
is the view they take: "Our contract, while it is supposed to be a contract,
is not in any way negotiable..."
Which means, of course, it isn't worth the paper it isn't written on.


> How great would that be? Do four weeks' notice at your current
> job; start the new one to be given an hour's pay and a "sorry,
> we don't actually need your
> services". I'm intrigued to know if someone actually has
> accepted that condition. I normally wouldn't worry expecting
> that the IR courts would find that oppressive, but recent changes
> put me neatly in the no man's land between the state and federal
> systems--with no coverage.

Yeah. This is a concern, but are we sure this couldn't be overruled under
simple contract law ? Certainly I was able to take DEC to the District Court
and win on a similar point of contract law ("Digital may terminate for convenience....")
when they gave me a week's notice a week after signing a "6-month" contract.

It was particularly important that the contract had other provisions that allowed
for termination for breach (eg. raping the Managing Director and taking too long a lunch break)
and that there was no provision my way to allow me the equal option to terminate my services for
"convenience".

And with that case on the record in NSW (Nerachta Pty Ltd and Digital Equipment Corporation (Australia))
there's a chance you'd get a magistrate to hear it reasonably favourably and wouldn't have to get
to the IR courts. (It was initially stretching it in my case to get it up to the District Court -- total sum
claimed affects this, but the amount magistrates can deal with has been increasing.)

However, there is the fact that it took 4 years in the first case, and cost $8000 about 8 years ago even
though we won everything claimed, plus court costs. You'd have to be saving money in the magistrate's
court. And of course, if you're a member of a union....

--Peter M











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