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Currently reviewing a offer contract from staffing agency. In the next few days I will have to make a decision and speak to the recruiter of the staffing firm about the offer and ask any questions.

I am aware that some things are better left unsaid. The contract includes nothing about if the employee decided to resign before contract ends.

Does this mean that if a better offer comes along before my contract is over, I can resign without any consequences? Should this be a topic of conversation with the recruiter?

Also, contract says employer may terminate my contract at any time with or without notice, is it reasonable to negotiate this and ask for a two week notice, if they decide to terminate the contract early?

I appreciate any advice in this regard.

  • Please provide more information about the 'contract'. Most contracts are just glorified temp jobs. I appreciate Joe's comment, but the staffing agency will VERY rarely be willing to give you 2 weeks notice and if they do it will be worded in a way where they can still fire you without notice (if client wants you gone ,your gone immediately which is generally the only way your fired). does the contract specifically say it is for X period of time? and you have to work for X period of time. If its just generic stuff like 'dont steal stuff', 'when you leave, turn stuff in', 'basic NDA of dont take – Bob Oct 2 '13 at 15:18
  • You are unlikely to be able to get them to commit to a 2 week notice but you could get them to include 2 week severance pay. – IDrinkandIKnowThings Oct 2 '13 at 21:26
  • Remember that you are talking to a world-wide audience. Employment laws vary widely from country to country. So please specify where you are located. – Philipp Oct 7 '13 at 12:41
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The contract includes nothing about if the employee decided to resign before contract ends.

Does this mean that if a better offer comes along before my contract is over, I can resign without any consequences?

In general, if items aren't written into a contract, they aren't part of the terms of the contract. In general, if there are no consequences mentioned in the contract for resigning early, then you are free to resign without consequences. But to really interpret the contract fully likely will require a lawyer.

Should this be a topic of conversation with the recruiter?

It sounds like that would be a good point to address, particularly if you think you might want to resign earlier than the contract period. I know that I would want this point stated explicitly in my contract, to avoid later confusion and conflict.

Also, contract says employer may terminate my contract at any time with or without notice, is it reasonable to negotiate this and ask for a two week notice, if they decide to terminate the contract early?

Anything can be negotiated. If this is important to you, then discuss it. Also, if you bring it up, be prepared to negotiate a similar 2-week notice for both sides - the employer and the employee.

Others have commented that it would be rare for a staffing agency to actually be willing to offer a 2-week notice period. I agree - I'm just pointing out that you could try to negotiate anything, not that you will succeed.

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Contracts need only specify the matters in which they differ from existing law, and (depending on jurisdiction) other defaults such as industry-wide standard employment terms.

Matters such as resigning are quite often regulated by law, so the applicable terms would be found there. E.g. there might be a default severance pay. If so, you might actually hurt yourself by negotiating a lower amount (not that I know of a specific jurisdiction where this is the case, local laws here leave severance pay to judicial decision)

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