[DUG] A change in upgrade policy coming from Embarcadero
David Brennan
dugdavid at dbsolutions.co.nz
Thu Sep 17 12:40:01 NZST 2009
Quite a few employment agreements only specify that the employer reserves
the right to claim any development the employee does in their own time which
'falls within the employers sphere of interest' or some such, which I take
to mean a related or competing product. And that seems fairly reasonable as
it implies the employee is taking advantage a bit (ie applying the exact
knowledge they are learning at work to a similar home project for their own
benefit)
David.
-----Original Message-----
From: delphi-bounces at delphi.org.nz [mailto:delphi-bounces at delphi.org.nz] On
Behalf Of Todd Martin
Sent: Thursday, 17 September 2009 12:12 p.m.
To: NZ Borland Developers Group - Delphi List
Subject: Re: [DUG] A change in upgrade policy coming from Embarcadero
Hi Kyley
> I have contracted in a firm before where there was a clear case of an
> employee "holding back" at work and not exhibiting the full potential of
> their skills and salary.. at the same time they discovered he was
> developing applications different from work but for the same sector.. in
> their mind these products should rightly have been introduced into the
> companies product... Especially if you are employed as someone who is
> supposed to guide the direction of the software.
You're talking about a situation where there is a direct conflict of
interest. That is quite a bit different from an employer demanding
ownership of any intellectual property you dream up or develop outside
work hours.
>.. if
> they want to own everything I do during my employment then they can
> double the salary or include a profit share system on any personal
designs.
Agreed.
> And lasty.. if you are using any company owned assets in the development
> of personal gain then that is really not Kosha.. you should be using
> your own licenses, computers etc etc..
Agreed.
>
> I mean.. if you were a plumber.. and you didn't own a van or tools, but
> they were provided by your company.. and after hours you went and did
> plumbing using their van, their gas, their tools, and you pocketed the
> cash do you really think that its a reasonable thing? Software is no
> different.. give and take.
Todd.
>
> Get used to it.
>
> As I stated, it is fairly common now (not always, please don't take
> this as generalisation) that unless the application was already
> defined, it belongs to the company. Companies are looking more to
> the fact they employ you for your design and invention skills,
> therefore they figure they own those skills and anything that comes
> from it.
>
> Steve Peacocke
>
>
> On Thu, Sep 17, 2009 at 8:57 AM, Todd Martin <todd.martin.nz
> <http://todd.martin.nz>@gmail.com <http://gmail.com>> wrote:
>
> Hi Steve
>
> That is an absolute outrage. Anyone worth their salt would never
> sign
> such a contract.
>
> Todd.
>
> >
> > This is fairly common over here for programmers to have to
> sign away all
> > applications programmed at home.
> >
> > Steve Peacocke
> >
> >
> > On Thu, Sep 17, 2009 at 8:20 AM, Leigh Wanstead
> <leighw at softtech.co.nz <mailto:leighw at softtech.co.nz>
> > <mailto:leighw at softtech.co.nz <mailto:leighw at softtech.co.nz>>>
> wrote:
> >
> > Hi Steve,
> >
> >
> >
> > I thought what you described is for the no knowledge
> required job
> > i.e. waiter etc. It happens in Delphi?
> >
> >
> >
> > Have a nice day
> >
> >
> >
> > Regards
> >
> > Leigh
> >
> > *From:* delphi-bounces at delphi.org.nz
> <mailto:delphi-bounces at delphi.org.nz>
> > <mailto:delphi-bounces at delphi.org.nz
> <mailto:delphi-bounces at delphi.org.nz>>
> > [mailto:delphi-bounces at delphi.org.nz
> <mailto:delphi-bounces at delphi.org.nz>
> > <mailto:delphi-bounces at delphi.org.nz
> <mailto:delphi-bounces at delphi.org.nz>>] *On Behalf Of *Steve
> Peacocke
> > *Sent:* Thursday, 17 September 2009 10:03 a.m.
> >
> >
> > *To:* NZ Borland Developers Group - Delphi List
> > *Subject:* Re: [DUG] A change in upgrade policy coming
> from Embarcadero
> >
> >
> >
> >
> >
> > There have been several instances, very real over here,
> where the
> > employer can hire a new employee and legally keep them on
> trial for
> > up to a year, then simply fire them without explanation
> and without
> > any legal issues at all, rather than pay contract rates.
> In one
> > instance, the employer was able to fire people within
> their 3 months
> > and hire another employee from another agency, rather than
> pay the
> > agency fees.
> >
> >
> >
> >
> > _______________________________________________
> > NZ Borland Developers Group - Delphi mailing list
> > Post: delphi at delphi.org.nz <mailto:delphi at delphi.org.nz>
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> >
>
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>
> --
> Kyley Harris
> Harris Software
> +64-21-671-821
>
>
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