I think the steps are much more simpler.
If you close your Ltd down in UK and use the Polish one, not much the HR UK company can do. Except not accommodate you. At which point they need to let the German company know that you will no longer work for them.
At this point you go through the Polish company and get your new contract.
I am sure that there are 100's of contractors on here that went straight to client, without providing too many details to previous agencies. I know a few, just saying, what the left hand doesn't know...
The only problem I see, would be if someone from the HR company is still working there or they have an account manager that pops in every now and then. This means that someone will see you. Then again, it will be more problematic than worth it for them to go against their client.
Theoretically the contract is between Old Ltd Company - HR UK Company - German Client. The new contract would be between New Polish Company - German Client. The initial contract was between your Ltd UK Company and HR UK Company, NOT you as an individual. The German Client is NOT hiring you directly, which in most cases is a breach, and mainly done to avoid direct employment. Your Polish Company is a completely new entity.
Like I said, I doubt the amount of investigation and proof the UK HR Company would need to do, to target YOU/your UK Ltd Company as the individual breaking the contract, and potentially losing the client in the process, would be worth it for them. Not to mention that they would need to take you and your Polish Company to Court and prove all this... would they even be able to find out your Polish personal address and company address? yeah sure...
P.S. If you close down your UK Ltd Company, make sure you claim all the benefits and whatever money you can to the max. Accountant should help with that.
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Moving company and paying transfer fee for an HR agency"
Collapse
-
Originally posted by Old Greg View PostIs that right?
Originally posted by Old Greg View PostProbably no payment due but I would make sure there is no money in my Ltd.
Originally posted by Old Greg View PostYou also need more advice than this.
Originally posted by Old Greg View PostHave you talked to the German Ltd. They may have a transfer payment clause with the UK HR agency.Originally posted by NotAllThere View PostAre the client happy to take you on via a Polish company? Maybe the client contract with the agency precludes taking on a worker except through a company contracted to the agency.
I'm hired through the HR Agency to British Digital Agency and this British Digital Agency is hired by German Client.
I was talking to the different Digital Agency working on this project to hire me directly as a Polish company and they said it shouldn't be a problem, but I need to check myself what about the transfer fee.
Thank you a ton for your help!
Leave a comment:
-
Originally posted by qbait View PostThank you for the feedback, I edited my post. Hope, it's clearer now.
My Ltd Co. contracts with the British HR agency to the German client.
I wanna close my Ltd co. and open Polish co. (because I live in Poland now and it's more efficient).
My HR agency said that they only contract with British Ltd companies, so I was thinking about skipping them and entering a direct contract between the German client and the new Polish co.
However, my UK Ltd has a thing called "transfer fee" in my contract, in case I wanna work for my client directly, my UK ltd needs to pay a 30k fee for the HR agency.
The thing is that this contract is between my Ltd co and HR agency. Does it still apply to me if I will open the new company in Poland on my name?
Is that right?
Probably no payment due but I would make sure there is no money in my Ltd. You also need more advice than this.
Have you talked to the German Ltd. They may have a transfer payment clause with the UK HR agency.
Leave a comment:
-
Are the client happy to take you on via a Polish company? Maybe the client contract with the agency precludes taking on a worker except through a company contracted to the agency.
I doubt there could be any comeback on you if you contracted direct (or through another agency) from a newly formed Polish company, since the agency are the ones who are preventing you working through them.
Leave a comment:
-
Originally posted by qbait View PostI'm hired through the British HR agency to the German client.
I wanna close my British Ltd company and open company in Poland (because I live here now and it's more efficient).
My HR agency said that they hire only British Ltd companies, so I was thinking about skipping them and being hired directly by my German client.
However, I have a thing called "transfer fee" in my contract, in case I wanna work for my client directly, I need to pay a 20k+ fee for the HR agency.
The thing is that this contract is between my British Ltd company and HR agency. Does it still apply to me if I will open the new company in Poland on my name?
Leave a comment:
-
Moving company and paying transfer fee for an HR agency
My Ltd Co. contracts with the British HR agency to the German client.
I wanna close my Ltd co. and open Polish co. (because I live in Poland now and it's more efficient).
My HR agency said that they only contract with British Ltd companies, so I was thinking about skipping them and entering a direct contract between the German client and the new Polish co.
However, my UK Ltd has a thing called "transfer fee" in my contract, in case I wanna work for my client directly, my UK ltd needs to pay a 30k fee for the HR agency.
The thing is that this contract is between my Ltd co and HR agency. Does it still apply to me if I will open the new company in Poland on my name?Last edited by qbait; 18 January 2019, 10:17.Tags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Leave a comment: