How is this clause of the employment contract interpreted?

Question

Career in IT

There is a clause in the contract:
"5.2. In the event that any products of the Employee's labor activity or created using the resources of the Employer are used, filed for patenting or disclosed by the Employee to a third party after the termination of work, this will be considered as the fact that these products were created by the Employee while still at work, and all rights to use these products will belong to the Employer, unless it can be proven that these products were created after the dismissal and without the use of information and other resources of the Employer.

But formally it turns out that the results of ANY labor activity fall under this paragraph.
Let's say I write a personal project (on my own time, on the weekends), it becomes popular. What formally prevents the company from saying - run the code? Is there any law that prohibits this?
Or maybe the principle always applies: "work activity" = "work activity under this contract"?

UPD: I already have a promising project that I have been working on for two years. Of course, I plan to bring it to mind in my spare time.

Answer 1

But formally it turns out that the results of ANY labor activity fall under this paragraph.

And there is. See history with nginx.

Answer 2

any products of the work activity of the Employee

or created using the resources of the Employer

Obviously, weekend work is not work.
Obviously, when working at home on weekends, you do not use the resources of the Employer.
The Employer insures itself in this way against the situation when the Employee cuts something of his own during working hours or even outside working hours, but at the workplace.
Although, if you are lucky enough to write a project that takes off, I would hire a lawyer for additional advice. Because everything is simple, except money.

Answer 3

The burden of proof lies with the accuser. So it will be up to the employer to gather irrefutable evidence that the code was written during working hours and on working equipment.

Answer 4

Replace "unless proven" with "if proven" and further that the employer must prove the creation of the product during working hours.

Answer 5

The employer will have to prove that we did it during working hours or on a working computer, that is, it will not find pieces of code on the computer and it will be difficult for you to order that you did not fall under this paragraph