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Dev work contract with worrying clauses applicable after contract ends

3 点作者 enachtry大约 7 年前
Today I found about a worrying clause presented to an acquaintance in his new job contract as a developer. I&#x27;ve had a stable job for a few years so I assume I&#x27;m out of the loop and would like to know how common this is.<p>The clause is that for a few <i>years after</i> employment ends, the developer is supposed to submit to his former employer all his new &quot;inventions&quot; (i.e. I read that as anything newly created that is of any consequence) so that this employer can unilaterally decide if the inventions are actually rightfully his as a consequence of providing the developer with the opportunity to gather work experience and know-how.<p>This is for a company in the EU, for a mainstream development job with a small company (less than 20 devs).<p>I was aware of confidentiality agreements that extend beyond the period of employment but I&#x27;ve never seen something like this. Have you?

4 条评论

chrisbennet大约 7 年前
Contracts may be full of crazy over reaching stuff. When faced with a contract like this, you ask if you can modify it. If they say, “Take it or leave it.” you turn down the offer.<p>If they say yes, find a lawyer and get it looked over.<p>Sometimes you can just cross out stuff, modify or add stuff i.e. add a time limit to an open ended NDA, reduce the scope of a non-compete or eliminate it all together. After a while you get to know what to look for.<p>Once I was given a contract that stipulated that, if there were errors in my work product, I would be <i>”liable for estimated loss of profits”</i>. (!!!)<p>I quoted the offending line and wrote: “Nice try but yeah, no.” I had my lawyer fix it and they were a great client.
hguhghuff大约 7 年前
Just name the company and post an image of the clause on a LinkedIn post and the company will quickly and publicly remove it.
joezydeco大约 7 年前
If you want to read some previous discussion on a nearly similar topic (it happened to me), go here. Some EU devs also chime in about their experiences:<p><a href="https:&#x2F;&#x2F;news.ycombinator.com&#x2F;item?id=16637900" rel="nofollow">https:&#x2F;&#x2F;news.ycombinator.com&#x2F;item?id=16637900</a><p>(spoiler: I didn&#x27;t take the job)
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imhoguy大约 7 年前
This clause is abusive and I think is illegal in EU. Better consult an employment lawyer. I would ask to remove this clause or turn down the offer.
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