Permie & Contracting at same time

[itcontractor07]

Thanks all of you, for you advice.

I haven't still asked either of them, but I will try to check with IBM if they can do this on paper, b'cos my client does not have any problem. Worst case I will have to weight out my options in terms of risks etc..and ofcourse what sort of diff in terms of money..etc

Cheers

[DiscoStu]

Just something to bear in mind - while working for IBM a colleague of mine got binned pretty much immediately for taking a contract for OOH support. Partly his own fault for talking about it, and someone else's for grassing him up.

You won't get agreement from HR to change the standard contract, if you're going to do it I suggest you keep it very very quiet.

[d000hg]

IBM will definitely have a clause precluding this.

If you can really do it at weekends, out of hours then there is no reason for them to know though.

If you send even a single email from your work PC, they may catch it. Of course, they would be very unlikely to find it unless they had suspicions to start with.

[deckster]

This is the real world fella - Ive always done this and kept it totally separate.

If you are really that stupid enough to let them both be aware of each other - you deserve being caught anyway. But lets be really serious for the second - what are the chances of him doing something IPR related and that IBM would want?!.

True enough and I can't argue with any of that. However I maintain that just saying 'do it, it will be fine' isn't good advice. That may well be what the OP decides to do (and probably what I'd do too) but he needs to be aware of the legalities and what potentially might go wrong.

It's sort of like saying 'don't worry about that IR35 crap, they'll never know'. For a good percentage of people it's probably true, but it's the kind of decision you want to make only when you're armed with all the facts.

[VectraMan]

That is quite appalling advice. Even if there are no conflicts of interest and it genuinely doesn't impact your main IBM work (do they never phone you during the day?), there are major potential issues with IPR. If there's the slightest hint that what you are doing with your other client in any way overlaps or even uses the same skillset you use at IBM you would be treading on very thin ice.

Yes but any IPR resulting out of contract work wouldn't be yours anyway. You'd almost certainly have a contract that gave all rights to the client, so it would be difficult for your employer to claim ownership. They could perhaps try to charge the client for your time though.

The problem with asking them is that they may say no, and then you're screwed. I'd be inclined to take the keeping it quiet option, but that's a personal decision about your attitude to risk.

[DieScum]

IBM will definitely have a clause precluding this.

If you can really do it at weekends, out of hours then there is no reason for them to know though.

[Liability]

That is quite appalling advice. Even if there are no conflicts of interest and it genuinely doesn't impact your main IBM work (do they never phone you during the day?), there are major potential issues with IPR. If there's the slightest hint that what you are doing with your other client in any way overlaps or even uses the same skillset you use at IBM you would be treading on very thin ice.

This is the real world fella - Ive always done this and kept it totally separate.

If you are really that stupid enough to let them both be aware of each other - you deserve being caught anyway. But lets be really serious for the second - what are the chances of him doing something IPR related and that IBM would want?!.

[deckster]

dont tell either of them and just do it

As long as it doesnt interfere directly I cant see an issue.

That is quite appalling advice. Even if there are no conflicts of interest and it genuinely doesn't impact your main IBM work (do they never phone you during the day?), there are major potential issues with IPR. If there's the slightest hint that what you are doing with your other client in any way overlaps or even uses the same skillset you use at IBM you would be treading on very thin ice.

[b0redom]

...but remember that your IBM contract will state anything created by you whilst working for them will become their intellectual property (unless they have changed the permie contract since I worked there).

[KentPhilip]

There's no reason they would find out if you keep your mouth shut.

[Liability]

dont tell either of them and just do it

As long as it doesnt interfere directly I cant see an issue.

[TheFaQQer]

Many companies will have a clause in the contract prohibiting you from doing similar work for another company - my Oracle one did.

Ask them and see what they say - it maybe that they let you, it might not. Either way, you need to determine which is more important to do - if it's IBM then make sure it's OK with them first.

[d000hg]

Ask them. There is normally a clause in HR contracts relating to outside work.

Don't just ask, insist it is in writing somewhere that this is OK. Otherwise they can say "oh that's fine don't worry, it's a standard clause we don't enforce" and then use it to screw you over if things go pear-shaped and they need to dump people.

[rsingh]

Ask them. There is normally a clause in HR contracts relating to outside work.

[itcontractor07]

Dear All,

I am currently having an option to take up a permie role with IBM, and also want to continue contracting with my existing client. As he is flexible in the number of hours, number of days that I spend, it could be out of hours or weekends etc. I am not completely quitting contracting is for 2 reasons

1. Trying to fill the gap that create by going permie

2. Client is also keen for me to continue even if it is for a few days etc..

I have spoken to my accountant and they said it is fine and legal to be a permie and still continue contracting if there is an option.

Please can you guys throw any light on any ups and downs in doing like this.

In case anyone know, do you if IBM allows me to do this at all or not.

TIA