Is it possible to post your code if there is a non-disclosure agreement?

Question

Law in IT

Good afternoon!

Can you please tell me if I have the right to upload my code / software modules for the portfolio to the repository, written entirely by me, developed within the company in which I have a non-disclosure agreement?

Answer 1

Read the terms of the contract carefully and make a decision.
For RF:

Article 1295. Service work
Prospects and risks of arbitration disputes. Situations related to Art. 1295 of the Civil Code of the Russian Federation
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1. Copyright to a work of science, literature or art, created within the limits of work duties established for an employee (author) (official work), belongs to the author.
2. The exclusive right to an employee's work belongs to the employer, unless otherwise provided by the labor or civil law contract between the employer and the author.
(as amended by Federal Law No. 35-FZ of March 12, 2014)
(see the text in the previous edition)
If the employer, within three years from the day when the employee work was placed at his disposal, does not start using this work, does not transfer the exclusive right to it to another person, or does not inform the author about keeping the work secret, the exclusive right to the employee work is returned to the author.
(as amended by Federal Law No. 35-FZ of March 12, 2014)
(see the text in the previous edition)
If the employer, within the period provided for in the second paragraph of this paragraph, begins to use the employee's work or transfers the exclusive right to another person, the author has the right to remuneration. The author acquires the said right to remuneration also in the case when the employer has decided to keep the official work secret and for this reason has not started using this work within the specified period. The amount of remuneration, the conditions and procedure for its payment by the employer are determined by the agreement between him and the employee, and in the event of a dispute - by the court.
The right to remuneration for a service work is inalienable and does not pass by inheritance, however, the rights of the author under the contract concluded by him with the employer and the income not received by the author pass to the heirs.
(The paragraph was introduced by Federal Law No. 35-FZ of March 12, 2014)
3. If, in accordance with Clause 2 of this article, the author has the exclusive right to the employee work, the employer has the right to use the corresponding employee work under the terms of a simple (non-exclusive) license with payment to the copyright holder. The limits of the use of an official work, the amount, conditions and procedure for paying remuneration are determined by an agreement between the employer and the author, and in the event of a dispute - by the court.
(Clause 3 as amended by Federal Law No. 35-FZ of March 12, 2014)
(see the text in the previous edition)
4. An employer may publish a work for employees, unless otherwise provided by the contract between him and the author, and also indicate his name or title when using the work for employees, or require such indication.

The same goes for inventions and the like.

Answer 2

do I have the right to post my code / program modules ..... developed within the company in which I have a non-disclosure agreement?

Have.
And the company has the right to apply to you the sanctions provided for by the non-disclosure agreement. Everything is fair :)

Answer 3

Has experience nginxtaught you anything?

Answer 4

You probably need to read the contract that you concluded
. But in general, no, you can’t