Newbie contractor + direct contract for swiss company = confusion

[eoz783399]

Ooh, take care when working in Switzerland, I've already told the story of when I nearly got thrown out of Switzerland and was banned from working there for 3 months.

Take a look at these before you sign anything:
http://forums.contractoruk.com/busin...ve-beware.html

http://forums.contractoruk.com/busin...itzerland.html

I won't be living or working in Switzerland - just occasionally going over for meetings so I don't think these problems will effect me hopefully.

[Eirikur]

If it is a start up I wouldn't do it. You have to have iron cast guarantees you will be paid and they have enough cash to do so. Working with a company that is in another jurisdiction is not going to make it easier for you to get your slice of the money when they call in the administrators.

[eoz783399]

I thought I'd post what I'd found out in case it helps anyone else.
I phoned the IPSE legal helpline and they told me that as long as the Swiss company agrees that the contract is subject to English law, then it's OK to use the template contracts on the IPSE site.
They've agreed that it is, so I'm working through sorting out the contract based on the IPSE template.
Thanks to all for the advice.

[chopper]

I thought I'd post what I'd found out in case it helps anyone else.
I phoned the IPSE legal helpline and they told me that as long as the Swiss company agrees that the contract is subject to English law, then it's OK to use the template contracts on the IPSE site.
They've agreed that it is, so I'm working through sorting out the contract based on the IPSE template.
Thanks to all for the advice.

Sounds fishy if they don't care about such detail. Maybe the Swiss client wont be around long enough to pay you for your work? Litigation on an English Law contract has to be done in an English court, and then enforcing any such County Court Judgement obtained in an English court against a Swiss creditor can be extremely difficult (The Lugano Convention applies).

Tread carefully.

[NotAllThere]

Sounds fishy if they don't care about such detail. Maybe the Swiss client wont be around long enough to pay you for your work? Litigation on an English Law contract has to be done in an English court, and then enforcing any such County Court Judgement obtained in an English court against a Swiss creditor can be extremely difficult (The Lugano Convention applies).

Tread carefully.

It would indeed be better to have the contract under Swiss law in case it all goes pear shaped. I suggest you draft the contract, say it's under Swiss law, and get a Swiss lawyer to give it the once over (~£300 - I can give a name if you need it). Swiss law isn't so massively different from UK law for it to matter too much.

[sal]

Sounds fishy if they don't care about such detail. Maybe the Swiss client wont be around long enough to pay you for your work? Litigation on an English Law contract has to be done in an English court, and then enforcing any such County Court Judgement obtained in an English court against a Swiss creditor can be extremely difficult (The Lugano Convention applies).

Tread carefully.

always the glass half-empty eh..

OP didn't say they "don't care" but that they agreed. If it's a niche skill and they are happy with someone working remotely from the UK, it's only natural they are going to agree on this demand as well.

@OP, just get the to agree on a good payment schedule, weekly preferably and the wort that can happen is for you to lose 1-2 weeks of invoicing, while working on something you clearly consider exciting. Which beats losing 1-2 weeks of invoicing sitting on the bench...

Even better ask your friend who already work for them if they pay on time, if they do and the contract is from IPSE and you work from UK, it's happy days

[missinggreenfields]

It would indeed be better to have the contract under Swiss law in case it all goes pear shaped. I suggest you draft the contract, say it's under Swiss law, and get a Swiss lawyer to give it the once over (~£300 - I can give a name if you need it). Swiss law isn't so massively different from UK law for it to matter too much.

If that affects the ability to claim under an insurance policy if the client goes bust, then it makes a huge difference - particularly with a startup.