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Notice - Temporary Employment

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weeal | 19:24 Thu 13th Mar 2008 | Law
7 Answers
I am in a 6-month temporary assignment covering maternity leave and have just been given a contract by the Director (small firm of 5 employees). They have stipulated 2-months' notice to terminate by either party - isnt this excessive for a temp job? I may lose the chance of a permanent job on this length of notice.
Also is there a requirement for them to pay me holiday pay? They are offering 10 paid days for the 6-month spell but if I dont agree to the 2-month notice period clause could they withdraw the holiday pay?

Thanks in advance
Al
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seems reasonable for a fixed temporary contractt - after all, shoul deverything go well then you will know what your finish date will be and it wont inconvnience you in finding a new job, because you know when you will be free from. Yes they should pay you holiday pay
Question Author
hi bednobs, thanks for the quick reply

I dont really like the temp job and am looking for a permanent one at the moment, so was hoping not to give more than a month's notice. However as Ive been looking now for almost a year I dont suppose it will be imminent.

thank you
Just agree but if you find a permanent job just go. You are not a prisoner. They cannot withhold your pay. They might not be happy to give a reference but if you explain you have got a great opportunity to get a permanent job then they would be heartless not to agree,

I think 10 days holiday for 6 months is quite fair. Not over generous but basic standard.
Question Author
Jenga thanks, I think I will do that
was just concerned that I would be misleading them signing to 2 months.

thanks
Question Author
I forgot to say, it may be 6 or 9 or 12 months the job, as nobody knows if or when the employee will return after the baby. Its all a bit 'maybe'.
Yes, plus they probably told you that if they do not come back it may be permanent.

Take times with a pinch of salt, I should know I also do temping. Keep looking for a permanent job because time flys and you will be finished before you know it.
Be aware that you could be in breach of contract should you leave without notice. Your employers can not physically hold you but technically they could pursue you for breach of contract. Perhaps you would be better doing a really good job and getting an excellent reference which might open up even better opportunities. If your 'new' employer became aware of you leaving without agreement or due notice they would worry about your loyalty to them. They might be able to withhold holiday pay depending on the terms eg on completion of 6 months service you will be entitled to 10 days holiday pay or your holiday entitlement is 20 days/year pro rata. Your best bet would be to try to maintain friendly terms.

Jock

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