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Interest question?
Hello, dear habra community.
I have a small question, mostly for people who already have some experience of actually working on something big. Projects, studios, some megauberbusinesses, something like that.
So.
Let's say, hypothetically, if one person works practically for free for a year (or even more) on something, for which he is promised a certain percentage of the same large project and subsequently, under pressure of circumstances, is forced to stop working on this project for several months - Do you think he loses interest?
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The fact that a person completed the work that was necessary at that time is good.
But the key point is different.
Important: whether he was needed for work during those few months during which he was absent.
If he was needed , then he might lose a percentage, because it's a disgrace to run away like that.
For example (since you do not give details), an advertising company was launched, and the budget went into the furnace, because. The right person was missing for several months.
Or, for example (since you do not give details), the office had to urgently hire specialists from the side at exorbitant prices. bring them up to date (tearing current employees away from other important work).
Or, for example (since you do not give details), the entire office has been sitting and waiting for this person for several months (paying for the office and staff salaries and taxes, etc.).
If there was no need for him and this did not affect the process , he had to stay with his own people, but generally speaking, he had to stipulate this BEFORE leaving.
You need a paper confirming that you are promised a percentage. Without it, it is difficult to claim something archi.
There is only one answer, if you did not have a contract, then what percentage can we talk about? About oral? Well, I can also give you a verbal percentage, has it become easier for you? Any such things must be immediately secured with legal papers, in this situation, I think you have lost everything, because in the end you even worked for free without a contract.
There is a classic example with a taxi. You booked a taxi across the desert. In the middle of the trip, under the pressure of circumstances, the taxi driver decided to settle in a tent for several months and live in peace. How do you think he is losing money?
As for the direct answer to your question, you are asking it too abstractly. But in general, it is clear that everything depends on the replaceability of a person and the consequences of his departure.
If he left without having prepared an adequate replacement for himself and missed the deadlines, then here you need to talk not only about the loss of interest, but also about the fine.
If he left, having previously prepared an adequate replacement for himself and the deadlines did not move, then he should receive an adequate percentage of the amount of work that he managed to do.
Probably still losing. Apparently, these months were important for the development of the project. In any case, if the project has risen, a person is still entitled to something for a year of his work (well, in all honesty), but this is clearly not the percentage that was originally. After all, sometimes (I know firsthand) when a key person is turned off from the project in the course of action, his colleagues also fall on his tasks - they solve these problems better and start earning. And then a man comes and demands money for the fact that everything was decided while he was gone.
In general, the taxi example given above is very correct. Would you pay a taxi driver who, under pressure, decided to move your plans forward by a few months?
1. Written code must be paid. Either interest or money
2. Copyright without payment will belong to the person who wrote this code. Returning money through the court is a pain, but the company is unlikely to sue, because such a process can easily sink the company.
3. Sign the contract. Always.
And I would advise you to act in accordance with the spirit of the legislation we have.
Well, that is, it is clear that the dude provided some service, and did not provide it. As far as he fulfilled it, he gets so much. Well, that is, he had to catch a bucket of fish and receive 100 rubles under the contract, he caught 60% of the bucket and quite rightly receives 60 rubles.
At the same time, I cannot help but clarify that the practice of law enforcement here rests on the letter of the law and the completely understandable desire of the customer not to pay anything at all. Often this can be proved based on the statement “I needed either a full bucket of fish, or none!”.
But for karmic reasons, I would not part with the developer through a conflict.
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