Does the wording in the TD take away the rights to the results of intellectual activity that are not related to work from the Employee?

Question

Law in IT

I don’t understand jurisprudence and I’m afraid that if I write a program that is not related to work and I want to distribute it in any way, then it may be recognized as not mine due to the wording of the employment contract, since I also develop a software product (other) at work.
It contains a subparagraph of the paragraph
Rights to the service results of intellectual activity
Since the labor function of the Employee provides for the creation of the results of intellectual activity as part of the performance of the labor function at the Employer, then all the results of the Employee's activity that have signs of the result of intellectual activity are service results of intellectual activity.
Further, there are paragraphs about personal non-property rights to SRID, (belong to the Employee) and exclusive (Employer).
From my point of view, such wording restricts my rights to any results of intellectual activity. Are the fears justified, or is this a specific legal turnover that concerns ONLY the labor function of the Employer?
Due to problems with NGINX, I will post a workaround.
0) Do not get a job with such contracts.
01) Just in case, do not copy the code from personal projects, or in them (only if everything is renamed and reflashed so that another program comes out)
1) Do not store in the clouds until you quit.
2) In local repo
git filter-branch --env-filter \
'if [ $GIT_COMMIT = 6d71ba4e25d8d5de23f4be993f46b38871b621ba ]
then
export GIT_AUTHOR_DATE="Fri Nov 23 23:02:53 2022 +0300"
export GIT_COMMITTER_DATE="Fri Nov 23 23:02:53 2022 +0300"
-frm
( git rev-parse --git-dir)/refs/original/"
3) Break the dates of creation and editing of files (and metainfo everywhere). If the code, then it's easier - the bay and re-downloading the turnip from the cloud.
4) Do not tell anyone that you did something while you were working.

Answer 1

In order to prove that you cannot dispose of the program written by you, the employer must, in turn, prove in court that:
- the program was created during working hours;
- the program was created on the instructions of the employer;
- the creation of this program is included in the list of labor duties or was negotiated with you in a separate document;
- the transfer of rights to this program is properly executed;
- the plaintiff has proven the identity of the software product you use with what you had to develop due to labor relations.
Look at your situation from this point of view. To form claims against you, the employer must provide evidence for each of the points.

Answer 2

In Russia, these restrictions are very bad.
Even Yandex ran into the fact that former programmers used its code for personal purposes.
It was not possible to sue for the code itself. That's only when the programmers took out the "calibration" data for search from Yandex - it's already possible for the data. Suing for clean code is too hard for your organization.
The fact is that it is impossible to write in an employment contract that absolutely everything belongs to the company. It is necessary to indicate specific software, or sign additional acts to the contract for this specific software.
If you are writing a program on a home computer and without using the organization's internal libraries, you will not be undermined even in the USA.
In the Russian Federation, if the organization has not issued this software properly, with its specific indicationin the employment contract / acts to it, then you can write at work and use it for work, and even receive a salary for the development of this program from the organization, and then do a personal business on it - the clearest example of nginx
https://habr.com/ru/ company/oleg-bunin/blog/444318/

Answer 3

A specific issue is always worth discussing with experts.
But in general, in the Russian Federation it is like this: if some paper does not comply with the Legislation, then despite the signatures, this agreement may not be fulfilled.
Therefore, look not at the Treaty, but at the Law. In which case, in the Court, this is an argument, and not "good intentions recorded on paper"

Answer 4

If your employer is such a sucker that his employees work for themselves during working hours, then such an employer deserves it :)
Everything will depend on what kind of program it will be. If one and a half users need it - yes, he will score on her. If it takes off and starts to bring money, you will sue :)