What should a startup developer take into account, being an employee in a company, so as not to lose his offspring?

Question

Law in IT

The question is inspired by the relatively recent story of raids on NGINX offices.

A big request to those who are well-versed in the legal part of the question: please give specific advice-instructions on how, being a hired developer in a company, write the code of your startup with minimal risk that the company, if the startup is successful, will claim rights to it. Which clauses of the TC agreement should be paid attention to, which ones should be asked to be corrected, and which ones should be added?

PS: modders, please don't ban me for not having a single clear answer to a question. I didn’t come to “sharpen lyas” - the topic is indeed extremely relevant today.

Answer 1

The employment contract must necessarily indicate how and to what the employer receives exclusive rights. In the standard case - for works of authorship (programs) created by an employee during working hours, using equipment (PC and IDE) of the employer. Usually, if an employee creates a separate product, then the employer may have a task for development, with a description of the software.
In any case, the burden of proving in court that the employee stole something lies with the accusing party.

Answer 2

Lol.
The employer pays you for what you can do and all rights to your work belong to the Company. If you don't want to give away rights - work for free, but then the question is - why do you need a company at all? Open an IP and write Genius Software that will turn the world upside down.
And then you want to eat a fish and ride a tram.

Answer 3

which ones to ask for correction, and which ones to add?

Neighing. You must be a real star of development, so that for your sake alone a standard contract is ruled :D
All the product created by you at work during working hours as part of your official duties belongs to the office by default. Work on your development at home - and there will be no problems. You will be engaged in third-party projects during working hours - you will quickly make problems if SMP works in the office.

Answer 4

Develop it in your free time and then you won’t be able to find fault with it.
Although even in the case of nginx there is nowhere to complain.
And according to the clauses of the contract, it should probably be clarified that the developer can work on some of his own open source or not very projects in his spare time, and the employer does not apply for them.

Answer 5

Everyone is a bit right, but if the case is brief , it will be like this:
1. There are the following rights:
1.1. copyright
1.2. exceptional
2. Everything that an employee does for a company or in a company under an employment contract - he is the author, if several employees work together - co-authorship.
3. Unless specified separately in the employment contract - the exclusive right and the right to obtain a patent, etc. belong to the employer.
To the point of the answer (also briefly) :

Which clauses of the TC agreement should be paid attention to, which ones should be asked to be corrected, and which ones should be added?

- you need to take your copy of the employment contract (I hope you have it) and go to a lawyer . And all because - you need to read it in its entirety! Sometimes it's very funny and entertaining))