I am working in a client project. I recently found that there are few vacancies there, most of them are onsite opportunities. Below are the questions which I have in my mind.

  1. Is it a malpractice, if I apply for a job in my company's client company?
  2. How can I check whether there is any contract between, my company and my company's client company?
  3. As far as I know, there is no contract(I mean bond, which restrict a job change for few years) between myself and my company. The problem may arise, only if I have a contract with my company right?

Your responses are really appreciated.

  • 3
    please remove "is it legal" from the question. Legal questions can not be answered here. I also dont understand point 3 "there is no contract...". If you work for them and they pay you, it sounds like a contract to me. – Sascha Jan 5 '18 at 10:14
  • Have you contacted HR, or the legal departement in your company about what ties you have with your current company ? You necessarily have some kind of contract or legal attachement with them. – everyone Jan 5 '18 at 11:18
  • @Sascha Thanks, I work and they pay, that is the only contract between us. What I mentioning was, there is no legal bond between us. I am free to change my job anytime I wish. – Sibeesh Venu Jan 5 '18 at 11:59
  • @everyone No, I haven't contacted such department. What I mentioning was, there is no legal bond between us. I am free to change my job anytime I wish. – Sibeesh Venu Jan 5 '18 at 12:01
  • Be careful on how you approach HR asking for a contract. In some approaches, I would reason they will suspect your are leaving. And they will most certainly tell your manager. – Adam Smith Jan 5 '18 at 15:13

If your company is sending you to work at client company, then they have a contract. That contract has a list of terms and conditions. Some you may not care about: how many days between billing and payment. Others you do: what monthly reports must you complete. Others you didn't care about, but now you do.

They may limit the clients options regarding hiring you. They may ban it. They may allow it. They may encourage it. You would have to see the contract. I have never worked for a company that would allow an regular employee the ability to see the entire contract.

What you do have access to, is any paperwork that you signed. That may address it, but it might not. Your company may be counting on the terms of the contract signed between the two companies. This allows you to quit, but limits the other companies ability to hire you.

You will have to approach the client company. They can find out what the contract says. There is a risk your management at your company will find out, but if you are a hard worker for the client I can't see them telling your company that your are wanting to leave and putting your job at risk.

  • I would add that in his country it might be illegal to prevent someone from hiring him, without compensation or proof of competition between companies. And it is pretty strange from a company to have a rival as a client. However, that he has to check with a lawyer. – Adam Smith Jan 5 '18 at 15:20
  • They don't have to be a rival. If the client wants to bring the work in-house they can just hire all their contractors. Of course their employers might not be happy about that. Tats is why non-poaching clauses are written. – mhoran_psprep Jan 5 '18 at 15:28
  • It might not be legal in India. For example, they are not legal in France and the employee may ask for compensation: lexology.com/library/… So I would say it would be good for the OP to check if they could even legally exist in his country with a lawyer. – Adam Smith Jan 5 '18 at 18:36

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