Hello,
first of all great forum! It is very useful, especially the employment part! I need to ask question that is looking more in to the ethics point of view.

Lets assume this situation:

We have a corporation "A" that is providing some services to a client "B".Both corporations are located in Switzerland in the IT and Financial sector. I`m working in the corporation "A" and i`m part of the team that is providing the services, but i`m outsourced in another country. Is it ethical to quit my job and start working for the client "B" as a consultant for receiving the same services? Is it possible to harm the relationships between "A" and "B" just by applying to the position?

Is it possible that there is a contract clause between "A" and "B" that prohibits employee transfer during the business relations?


Thanks for the help in advance.

Does this have to do with businesses in Bulgaria?

This is a forum for English speaking people living in Switzerland.

Sorry if i didn't made my self clear enough.

The position in company "B" is in Switzerland, so if i get it i will have to move to Switzerland. Company "A" , for which i work is a Swiss company too. So it is more like a Swiss to Swiss relationship. Working in the Bulgarian office of Company "A", i`m part of the team that is providing services to the "B". My office is a typical outsourcing office. We don`t have any official connections to the client "B".

Of course it's ethical, everybody does that.
As long as they're (B company) willing to hire you, go ahead.

Often a company supplying contracters/consultants have contract clauses that discourage poaching of their staff. For example, I've seen contracts that state that company B (in your example) would have to pay company A a (quite large) percentage of the employee's salary if they joined company B within a defined period of leaving company A.

If there's nothing in your contract that will prevent it, and company B is willing to pay any penalty, then go for it. There is no moral or ethical barrier to you moving.

Just be careful that everything can go through before you burn any bridges with your current company.


Edit to add : I just noticed you said "just by applying to the position". Does this mean that you haven't had an offer, but you are thinking of applying for a vacancy at Company B? If there are any penalty clauses in the A-B contract then watch out. Company B might not touch you with a bargepole unless your current experience with them is worth it and you would bring something valuable to them that they can't get from you via company A. If they can get similar value without the hassle then they are more likely to go that way.

Your concern is whether simply applying would damage relationships between the two companies.

If you're known to client B, just ask informally how your application would be considered. If they think it's value for money, they'll bring you in. It is quite common. They may have to pay service provider B some compensation, or maybe not - that depends on the contract.

You should also check your employment contract to see if there are an restrictions on you working for A's clients.

I see no ethicial issue.

With my current employer there is a clause in my contract that states I cannot work with any clients of my employer for up to 6 months. This is a difficult thing the wide variety of clients makes it difficult to move within the same industry. Luckily I am moving to Switzerland so this is not an issue any longer.

For me personally, as a consultant I would not directly move to a client based on:

1. My existing contract and if it had any clauses
2. The possibility of burning existing bridges with current employer regardless of contract
3. My own moral / ethical barometer telling me not to do it

Everyone is different, and you know the companies you work for best so are in the best position to gauge whether it will be a problem for you.

excuse me, but what bearing does the location of the business have on the ethics of the decision the OP is debating??
now if we were talking legality, that may have been a valid response ...

Sure you can, don't forget to steal the office stationary before you go

I did. Depends on if you have a non-compete clause in your contract and if it's relevant. In my case, the non-compete agreement wasn't an issue.

the non-compete clause could be in the contractual agreement between the two companies and/or in the employee contract: you better check the clause before making any move. I'd start asking at the customer side

Thank you all for the help and ideas!

I have now decided to apply to the job add. Later we will see if we have a positive result.

In my contract it says I cannot.....

But.....

I have seen many cases, from clients to providers or even the competition. My personal ethical rule is quite simple:

Do they hire you for your skill set? Go for it.
Do they hire you for your insider knowledge of your current employer? Not ethical.

So in your case: If the client simply wants somebody who knows how the supplier works in order to give them a hard time (press costs or deadlines...), stay away from it. If you are the right person for their job and you do not have to kick your former colleagues go for it.

Thanks Treverus, quiet useful post!

In my case it is more about qualification and skills that are matching the requirements.
I definitely will not like to give hard time to my ex colleagues, more likely will try to ease the communication and partnership.
So now i`m definitely more convinced to go for it.

Thanks again for the help

From my personal point of view it is very competitive world and as much as employer makes their own calculated offers to the stuff they hire, you also have a right to pursue better offers on the market. In order to prevent breach of conduct scenario the comapnies have codes of conducts put in place which clearly stipulate what they view as an infringement. I have gone through such routine online programme presenting multiple scenarios of how the laws can be violeted by emploees of "xyz" companies related to clients and competitors. You just had to answer the questionaire to pass it .

I do not think the client company would take an open risk to hire you on the basis of knowledge of inside information as there clearly be some legal implications. Most likely they are interested in your skills, work style and ability to solve similar problems within their own working environement and organization. Many people have done that before and transferred.

There is also workplace factor coming in and I would be very open and honest with my previous employer plus workmates about my move to the new company. It is good to preserve good relationship, contacts, get references and not to burn bridges behind, especially in a niche market.