Contract of Employment

[The_Doc_Man]

I solved the "right to work" contract a different way. I refused to sign it until they allowed me to add a clause, "But employer cannot prevent application of knowledge learned on the job but not owned by the employer." Or words to that effect. I.e. if I learn something about Access while on a job, I cannot apply the employer's proprietary algorithms, but they can't stop me from using what I learned about Access because they don't own it or control it. Microsoft does.

(I had some other exclusions as well, having to do with outside hobbies irrelevant to this discussion.)

 

[GaryPanic]

I have lived a lot of "hand-to-mouth" contracts and quoting Statsman because this has always been my feeling.

As been said before, they rewrite the contract, you don't agree and poof - you're done at the end of the existing contract. This termination could come early if there is a buy out clause.

The escape clause might not be clear but I've seen it appear under the 'handling of dispute' portion of the contract. Depending on how it was stated, I've always had this rewritten for a third-party mediator. The reason is some might say some lawyer junk in the hopes that you won't pay a jabillion dollars or have some lawyer get 20% of the recovery and you are essentially working for or walking away with a lower rate (if you win). A mediator is much cheaper and the company will have to abide by their decision (unless extra provisions are added). Another factor (again US here), is the mediators can often get away with using common law.

A big example here in the US is most companies get employees to sign a right to work contract that prohibits them from working for competitors or clients until a certain amount of time has passed since employment (generally 1 - 2 years). Most employees abide not knowing that it is nothing but a scare tactic so they won't jump ship when being lured with higher salaries that the employing company doesn't want to pay - the contract isn't worth jack but I had them put in the mediator piece as part of negotiation just to keep my options open but never had to use it.

-dK

doen'ts work here inthe UK - they can put a 6 month clause in (they try for a 12 month one - but it doesn't hold unless they are prepared to pay you for this period - reason - you cannot by contract be unable to work to earn a living unless the expiring contract pays for "garden leave"

 

[Fifty2One]

A contract is an agreement between two parties so they should be able to follow proper business practices and negociate any changes. Even if they will try to strong arm you and also you mentioned they are a sketchy employer here is a news flash - there is a plethora of sh*tty jobs for crap employeers do not worry about finding one just as bad - or perhaps try for one better

Len I am just wondering what you consider is retirement age because I took retirement 3 months before my 45th birthday... a friend of mine Mac is still working and he is somewhere in his 80s... either way there is no reason to toil for a living - enjoying what you do is a benefit which no money can compensate.

 

[Len Boorman]

Len I am just wondering what you consider is retirement age because I took retirement 3 months before my 45th birthday... a friend of mine Mac is still working and he is somewhere in his 80s... either way there is no reason to toil for a living - enjoying what you do is a benefit which no money can compensate.

Interesting question

Not enough resources to retire at 45 so at nearly 62 still working although there is not an actual necessity to do so.

Was made redundant last december and toyed with retiring then. Did so for 6 months but still felt I wanted the challenge. Saw current job and thought it looked interesting. What I am doing is very interesting and provides the challenge and satisfaction I enjoy. My boss is very good but unfortunately the management is total rubbish. Think they own you body and soul so to speak. They are particularly flexing the power bit at the moment on the basis that people will take anything to hang on to their job.

Well they picked the wrong person in me. Also looks like I may get semi headhunted to a 3 day week job. Basically my boss is being headhunted and he wants me along from the Access side.

We are both waiting for a few bits to fall into place and then we will probably both be away so getting really awkward over a few points is a) possible and b) possibly desireable to allow us both to take up better positions earlier.... hence my original question.

Thanks everybody for your comments

L

 

[statsman]

Sounds like moving on is a good idea.
While empployment contracts are not the norm in Canada, a letter setting out your duties, responsibilties etc. is acceptable.
The main reason I have always insisted on one is that when they wish to change my conditions of employment I will always counter with "how much more are you going to pay me"?
Usually ends the changes right there.

 

[Fifty2One]

Just a suggestion but I have found that a company is as disposable / replaceable as they consider their employees are... so always have at least a plan B, especially the way that greed has crapped out the economies of a large percentage of the globe. As much as the bunch of strong arm managers and execs think they can bully people into an inferior contract, people have skills that need developing in order to fit into their business model. By the subject matter discussed here, there is no one considered as general or unskilled labour, but even considering the 3-8 week familiarization and training curve for so called unskilled labour many companies can be put into bankrupsy protection by percentage of any employees jumping ship. Just think what would happen if all the people in the stockroom of a warehouse won a sizable lottery - there would be an unanticipated work disruption for 3 - 8 weeks while they scrambled for replacements.
So keep a plan B or B and C, also keep your resume fresh and up to date. I have actually had additional benefits served to me because an employer learned that I was updating my resume one day while I was eating my lunch and at the time I had ZERO intention of changing employers

Interesting question

Not enough resources to retire at 45 so at nearly 62 still working although there is not an actual necessity to do so.

Was made redundant last december and toyed with retiring then. Did so for 6 months but still felt I wanted the challenge. Saw current job and thought it looked interesting. What I am doing is very interesting and provides the challenge and satisfaction I enjoy. My boss is very good but unfortunately the management is total rubbish. Think they own you body and soul so to speak. They are particularly flexing the power bit at the moment on the basis that people will take anything to hang on to their job.

Well they picked the wrong person in me. Also looks like I may get semi headhunted to a 3 day week job. Basically my boss is being headhunted and he wants me along from the Access side.

We are both waiting for a few bits to fall into place and then we will probably both be away so getting really awkward over a few points is a) possible and b) possibly desireable to allow us both to take up better positions earlier.... hence my original question.

Thanks everybody for your comments

L

 

[Len Boorman]

I do think that even in these times there is a place for the "skilled" person. My experience tells me that truly skilled persons are in short supply. By skilled I do include all aspects of "skill".

I have a Plan B and Plan C ready to action.

There is unfortunately an attitude in this company that employees should do as they are told by management and merely accept whatever management decide is going to happen.

L

 

[namliam]

merely accept whatever management decide is going to happen.

Which is usually based on half truths and half information, thus -in general- not the best solution.



How recognizable.... Or ... you wouldnt happen to work in Amsterdam right???

 

[Fifty2One]

Well if it helps anyone else to know I LOVE MY JOB and have always sought out employment which would make me feel that way. Working part time 20 minute ride by moped from home in the summer, 10 minutes by car in the winter... well when I have to go in to work... I do lots of time at home on my own puter.

If you are truely unhappy with your job - for what ever reason - then it is time to envoke a plan B or C. If you contemplate the number of hours you invest on working for a living (include transit times and other tasks you do not perform on a day off) the number of hours is staggering. If you rate the personal satisfaction level during all the hours you invest and weigh that against what you forcast in plan B or C.
Keep in mind that there is no reason to toil for a living - enjoying what you do is a benefit which no money can compensate. You can make money hand over fist in the rat race and end up with failing health from the added stress, or enjoy what you do for a living here and now and have a brighter future.