Reply to post: A contract is a contract.

Laid-off IT workers: You want free on-demand service for what now?

Anonymous Coward
Anonymous Coward

A contract is a contract.

An contract is exactly that : an agreement between two (or more) parties agreeing to something under a given set of circumstances.

If one of the parties terminates said contract for whatever reason in accordance to the provisions set forth in the agreement, the agreement is nullified. For nullification to occur, ALL provisions need to be adhered to.

You CAN NOT void part of the contract (i.e. you come work here and we will pay you) but CONTINUE another part of the contract (clause x : after termination of this labour agreement you will continue to provide labour). In this case you would have to agree to a NEW contract.

I consistently have customers trying to pull a fast one by adding all sorts of silly conditions to contracts requiring me to continue service after the contract has expired. I Always try to explain to them that this is impossible. They never believe me, but I suggest they contact their lawyers which usually leads to said silliness being dropped from the agreement.

Case in point : your contract may state you have to sign a confidentiality agreement. Even after termination, the CA stays in place. Good luck to any employer trying to enforce a confidentiality clause as a paragraph in an employment contract that has been terminated.

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