Client I am deployed to offered me a job but my contract does not allow that

[VitGryfny]

Hi All,

I am Polish citizen and have a contract with UK company. My employer deployed me to work in CH and the Swiss company I currently work for offered me a job.

Of course my contract with UK company clearly says I cannot take up any job for the client for certain period of time after contract is over but I must admit this proposal is very convenient for me at this point.

I wonder how to go about it if I'd like accept the offer and if I even can do that.

Cheers.

[BrilloPad]

Usually there is something in the contract between companies when supplying resources. Have you ask the CH company about the position of the UK company?

Congratulations BTW!

[VitGryfny]

Usually there is something in the contract between companies when supplying resources. Have you ask the CH company about the position of the UK company?

Congratulations BTW!

CH company hasn't asked them. They wan't me to do that and give a notice to UK company. They say not to worry as this is the CH law to apply here and UK company cannot take any action. But the thing is that there is contract between UK company and myself (not signed in CH) and I am not sure laws of which country will apply here.

[BrilloPad]

CH company hasn't asked them. They wan't me to do that and give a notice to UK company. They say not to worry as this is the CH law to apply here and UK company cannot take any action. But the thing is that there is contract between UK company and myself (not signed in CH) and I am not sure laws of which country will apply here.

To confirm, CH company ----- UK company ------ your UK company ---- you ? Is that correct?

What does the contract between UK company and your UK company say?

[VitGryfny]

To confirm, CH company ----- UK company ------ your UK company ---- you ? Is that correct?

What does the contract between UK company and your UK company say?

There is only one UK company that employs me and I have a contract with them and this company deployed me to work in CH.

I do not have my own company. Living in CH currently where I am deployed.

[jmo21]

There is only one UK company that employs me and I have a contract with them and this company deployed me to work in CH.

I do not have my own company. Living in CH currently where I am deployed.

drip...

[BrilloPad]

There is only one UK company that employs me and I have a contract with them and this company deployed me to work in CH.

I do not have my own company. Living in CH currently where I am deployed.

Okay. So you are not a contractor then.

You will have to look at your contract of employment then. There will usually be something in there about your situation. Probably they will say you cannot join any company to whom they supply services for a year. That might not be enforceable - but 6 months will.

If you are not in the UK then you might not care if they take legal action. You may find your notice period very difficult. And getting paid your finally salary. And the UK company may threaten the CH company. The CH company withdraws your offer. And you are left unemployed.

Personally I think I would tell the UK company and see their response. Sounds like a can of worms.

[VitGryfny]

Okay. So you are not a contractor then.

You will have to look at your contract of employment then. There will usually be something in there about your situation. Probably they will say you cannot join any company to whom they supply services for a year. That might not be enforceable - but 6 months will.

If you are not in the UK then you might not care if they take legal action. You may find your notice period very difficult. And getting paid your finally salary. And the UK company may threaten the CH company. The CH company withdraws your offer. And you are left unemployed.

Personally I think I would tell the UK company and see their response. Sounds like a can of worms.

Thank you for you reply BrilloPad.

[NotAllThere]

It's difficult to advise without a clear picture of how you are working.

Are you on a contract of employment with the UK company?
How do you get paid?
Who pays you?
Do you have a work permit for Switzerland?
Who pays your Swiss social contributions and tax at source?

[VitGryfny]

It's difficult to advise without a clear picture of how you are working.

Are you on a contract of employment with the UK company?
How do you get paid?
Who pays you?
Do you have a work permit for Switzerland?
Who pays your Swiss social contributions and tax at source?

Hi NotAllThere,

• I have a contract with UK company.
• I get transfert to Swiss bank account.
• Money flows according to this pattern: CH company -> UK Company -> CH Payroll Agency -> Myself
• I have permit L
• I pay everything. Payroll agency subtracts that from the amount they get and send me only net amount.
• The governing law according to the contract us UK.

Cheers.