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谢谢大家的关切,昨天键盘进水了看着干着急,现在报告进展

1 大公司Pay penalty, but the penalty could be very high,
3-6 months of loss for the consulting company, so it could be 36-72K.
It will be difficlut now because everyone is in cost-cuting mode.

2 大公司 takes me and hire another contractor from the consulting,
this way the penalty will be minimal.

3 I become self-employed and sign a subcontract with the consulting,
the consulting company would pay me 50/hour at least, I will cover
all my cost. This way most chinese do not like but a lot of native contractors are doing this. I can claim gas/food/clothing or even hire
my wife as my employee. If I get 100K a year(50/h) I can put perhaps
80K in my pocket. That is almost equal to that I make 140K/year.

I think the second solution is most likely because everyone can win.
In my case, it happens there is an unqualified contractor from another
consulting company in our group. So...

Thanks all, welcome more suggestions!
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Replies, comments and Discussions:

  • 工作学习 / 事业与工作 / 请教能否(或怎样)脱离consulting公司而直接成为现在工作的公司的employee?
    我现在是一个IT consulting 公司的Full-time employee, 但公司派出我到
    另一个大公司工作,目前以有两年了,因工作出色,IT manager有意把我转成permanent, 但她说必须要我自己去争得consulting公司的同意, 而且consulting公司和大公司的合同虽然没有任何时间限制,但如果
    consulting公司不同意,即使我单方面退出consulting公司,我也在一年内
    不能在这个大公司工作(出于法律上的规定)。
    目前在consulting公司拿的是 40/Hour(80000/year),估计到大公司会再有
    限的高一些(大公司pay consulting公司72/hour),但各种benefits会好很多.
    出于慎重起见,我还没有通知consulting公司. 请教有类似经验,懂法律的DX有何高招。
    多谢
    • There is no reason that consulting company will agree.
      There is no reason that consulting company will agree. You made $32/h for them. Why they give up you? I used to work in small consulting company as contactor, the big company hired both me and my boss as their fulltime employee. For my boss, full time employee is more safety the his small company, of cause he willing to do it.
      • What kind of consulting firm did you work for? Does it require both technical and language skills?
        • yes. customer support
    • 我觉得应该不成问题,理由如下:
      1.你的客户是大公司.所以你现在的顾问公司与它保持长期稳定的关系的优先级高于失去你的优先级.
      2. 你加入现在的客户公司只要不影响现在项目的进展和你现公司的收益
      3. 现在的市场顾问公司找你的替代者并不难
      4. 要你的客户公司主管有一定的影响力(最好通过他打一下招呼).一般小公司不敢不给面子.

      最完美的DEAL 永远是WIN WIN所以你自己衡量吧.
      • Disagree.
        You won't be able to get rid of your consulting company without their approval, because regardless of reasonable or not, that's against the rule of the industry, and sometimes even against the law. YOUR CLIENT WON'T BREAK THE INDUSTRY RULE FOR YOU. And that's the way the consulting companies protect their benefit.

        The workaround might be: You leave the consulting company, incorporate your own company, and then work for your client under the name of your own company. Strictly speaking, that's STILL AGAINST THE LAW(read your contract thoroughly, subcontracting is also forbidden), but that will be less risky. Of course, it's highly likely that your client won't accept this solution.

        Good luck!
        ------------------------------------------------------------------------
        Sorry for typing English. Can't type Chinese today.
    • 那要取决于你现在的公司与代理公司之间的合约。一般大公司都会与代理公司前合约的。如果没有,那只能说明你现在工作的公司太聪明了。
    • It is possible and I would like to give you an example now.
      One of the senior consultant who was also the director of a department of a big Canadian IT company offered the implementation service to the company, and after the implementation, he successfully tranfered to the company as a seniro analyst. It occured with 3 months. Try your best and good luck.
      I do not think your company will make the client unhappy and reject their offer to you, as they could find someone else from the market.
    • 行规就是行规, 否则CONSULTING公司无法生存. 你的情况很明显, 大公司碍于行规, 不便出面. 你应签过一个NONE COMPETE AGREEMENT. 但也不是没有商量的余地, 如果CONSULTING公司得到足够补偿的话. 如果转了,福利会更好,但工资可能降.
    • 我感觉在这个行当里,DEAL越大,职位越高"人情"味越浓.很多大项目都是几个HIGH GUYS之间的默契.然后就是下面人按所谓的"RULE"去做事.WIN&WIN就是永远的RULE.
      • 你说的没错,但你认为一个Programmer能算很大的deal吗?Big guys会因此而进行谈判吗?至少我老板不会为我这么做。
    • 建议你查一下Consulting的行业规范,与现在的雇主商量行事. 印象中好象雇主在一定的时间内不能直接雇佣你.
      • 谢谢大家的关切,昨天键盘进水了看着干着急,现在报告进展
        1 大公司Pay penalty, but the penalty could be very high,
        3-6 months of loss for the consulting company, so it could be 36-72K.
        It will be difficlut now because everyone is in cost-cuting mode.

        2 大公司 takes me and hire another contractor from the consulting,
        this way the penalty will be minimal.

        3 I become self-employed and sign a subcontract with the consulting,
        the consulting company would pay me 50/hour at least, I will cover
        all my cost. This way most chinese do not like but a lot of native contractors are doing this. I can claim gas/food/clothing or even hire
        my wife as my employee. If I get 100K a year(50/h) I can put perhaps
        80K in my pocket. That is almost equal to that I make 140K/year.

        I think the second solution is most likely because everyone can win.
        In my case, it happens there is an unqualified contractor from another
        consulting company in our group. So...

        Thanks all, welcome more suggestions!
        • Hi I am quite interested in your option 3. I am in this situation in fact. But I don't know anything about tax. Could you please give me some advice on how to deduct gas/food/etc cost when file the tax? Thanks a lot!
          • 你在自己做生意, 净赢利 = 你收的钱 - 你的生意成本(汽车, 汽油, 雇小工(LD), 电话 .... ) ~= 0, 所以你少交税.