31–40 of 71 posts
It doesn't matter what the boss thinks, it matters what the contract says.
I don't know what "refusing to make exceptions" means - what power do they have to make exceptions? Even if they agreed you could work on something, unless they changed the contract they can freely break that agreement.
Earlier quoted context omitted.
"created by employee during his work" Spare time isn't work though. Or does my company also own the food I made yesterday, the children I made...
The food and the children are not intellectual property, if the recipe is original though, they technically own it.
I encountered this clause at a previous job and i did not sign anything until we agreed on an additional document stating that that clause does not apply. I got the advice of a lawyer and vetted the additional document before signing. This clause was not even legal in my country
Contract law should be taken seriously. Get a lawyer and see if you can push back. If you're not in the US and they really want you it might work.
Also, f** companies that have such clauses.
I'm not a lawyer, but first clause and it's variations are common in contracts and it's ment to protect the rights of company for IP developed at work. It definitely is not ment to apply to things u do in your free time. As long as you do your stuff on your own hardware, it does not relate to IP or source code your employer owns, or does not provide competing services to your employer's customers, I don't see how you…
It doesn't say anything about location or work hours in the contract. (I guess to avoid responsibility for periods of crunch)
Ignore advice on the internet and get a lawyer instead. I encountered this clause at a previous job and i did not sign anything until we agreed on an additional document stating that that clause does not apply. I got the advice of a lawyer and vetted the additional document before signing. This clause was not even legal in my country Contract law should be taken seriously. Get a lawyer and see if you can push back. I…
This is one of these grey areas where the clause is in the contract mostly to deter the employee from working in the same industry on the side, poaching clients, or using your position in the company to build a competing business on the side. Assuming you are in tech / software development, that clause suggests you are not aloud, for example, to play in a band that is paid to perform at weddings at the weekend. That…
That is assuming the clause is enforceable in Cyprus, and isn't just legal intimidation.
Earlier quoted context omitted.
"created by employee during his work" Spare time isn't work though. Or does my company also own the food I made yesterday, the children I made...
The food and the children are not intellectual property, if the recipe is original though, they technically own it.
I suspect in this specific case the company could have something to say because it's a competing product,but that would hinge on them arguing that the idea was worked on at work.
Further. Contracts state a number of hours, or at least there are limits to hours worked. How would it go down if you took Friday off because you were thinking about work on Tuesday evening?
This is in the EU, where you have actual employee protections.
This is one of these grey areas where the clause is in the contract mostly to deter the employee from working in the same industry on the side, poaching clients, or using your position in the company to build a competing business on the side. Assuming you are in tech / software development, that clause suggests you are not aloud, for example, to play in a band that is paid to perform at weddings at the weekend. That…
The text of the contract isn't limited by 'intent'. Relying on what they might have intended, but not written, is legally throwing yourself at their mercy. That is assuming the clause is enforceable in Cyprus, and isn't just legal intimidation.