jump from one agency to another

[17clarence]

hello all, my agent is taking 25% I have just discovered. I have been at the client site for 18 months. At the end of this month (April) my contract with client expires. They want me to start again in June for the next phase of the project. Next phase is 2 years. I am working in Switzerland as an employee of the agency. Come the break in contracts I am no longer an employee of the agency. 25% is not excessively high for switzerland.
The client will not pay more as the budget is already submitted and my role has not changed, I have already asked. I want to use the opportunity of the contract break to get the agent to reduce the commision down to 15 or 20%. They will not want to do this. I want to 'threaten' them (if I have to)that I will go to another agent charging less comission if they won't budge. The client wants me specifically (though my skills are not unique). Both agent and client are large companies. The client has prefered suppliers and is happy to use any of them.
My contract has this clause: during the contract as well as one year thereafter the contractor will not compete with 'AGENT' in the field of recruitment consultancy for Swiss Customers.
So, where do I stand? Can I legally go through another agency if my agent will not reduce his comission?

[NotAllThere]

25% is high for Switzerland. I've contracted through Modis, Hays and RMIT, and they are between 5 and 15% as preferred suppliers. I know someone who worked through K2 in Switzerland, and there was a clause as yours in his contract - effectively preventing him from working in Switzerland for anyone other than K2. But the assumption in Switzerland is that you are a grown up, capable of reading contracts and only agreeing ones that you agree with.

I do know that within the Swiss contracting community there have been issues regarding agency employees NOT being able to switch. ( I'm a ltdco contractor, so didn't may too much attention to that ).

Take local legal advice.

[Turion]

( I'm a ltdco contractor, so didn't may too much attention to that ).

Did you use your own uk ltd co in Switzerland? If so, how long were you there?

[NotAllThere]

I have a Swiss ltd co. Which I've used in the UK. I never used a UK ltd co in CH. I am a permanently resident in Switzerland.

[17clarence]

no uk ltd company. I've been an 'employee' of the agent since oct 2006 when I started with the client. once contract expires with teh clinet and of april, I am un-employed as the employment contract with agent expires also.

[tim123]

My contract has this clause: during the contract as well as one year thereafter the contractor will not compete with 'AGENT' in the field of recruitment consultancy for Swiss Customers.
So, where do I stand? Can I legally go through another agency if my agent will not reduce his comission?

I would suggest that the clause that you have quoted stops you working as a recruitment agent, not from working as a contractor.

There may be some other clause which has that effect, but I don't see that it is this one.

tim

[NotAllThere]

I would suggest that the clause that you have quoted stops you working as a recruitment agent, not from working as a contractor.

That's what I thought about the K2 clause. The advice I got before the point became moot was that it could be a valid restriction. Also, it depends whether the clause is on a translation of the contract, or the actual contract is in German. It's possible that the translation is simply bad, and that the binding contract is the one written in German.

[17clarence]

Hello all, the contract is in english (the agent is Euorpean wide outfit). I have found another prefered supplier to the customer, and am contacting them as they have people placed with the customer already. They will tell me the implications (honestly) I hope.
Of course, without my manager on board, I will have little chance of changing Agent anyway, and I will be left trying to negotiate the comission down on a contract I do not want to lose.
All tips on negotiating with hard nosed Pimps much appreciated!

[beercohol]

The contract. Is it with you as a named individual or is it with your Swiss company?

[17clarence]

Named individual.