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Are the terms of my contract legal?

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  • 19-02-2012 11:15pm
    #1
    Whiplashy
    Registered Users Posts: 2,103 ✭✭✭


    I got a new job and signed the contract a couple of weeks ago. Literally the day I received the contract the company were on the phone asking how soon I could get it back to them, so I stupidly just skimmed through it. There was a lot I didn't really understand as the wording was very technical. It surprised me as I've never had issues understanding a contract before.

    Since then I've got a few people to help me decipher the exact terms, and there are two things I'm a bit surprised by:

    1) My job is part time, 3 days a week. I am only guaranteed to earn 10,000 in the year, but there is the possibility that I might pick up extra shifts. This was explained to me during the interview process and I was okay with it because I was just glad to get a job. In my contract however it states that I cannot take up any other employment. That's been in all my other contracts but they were full time positions. Can they really enforce it on a part time contract? Not only is my earnings from work limited to 10,000 for the year, but I can't even claim jobseekers for the days I won't be working, as according to my contract, I won't be seeking further employment!

    2) It states in some round about, strange fashion, that the company owns my thoughts, even thoughts I have outside work, and that I have waived my rights under the copyright laws. Seriously? Can they actually claim they own my thoughts? That's just absurd!


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    #2
    3DataModem
    Registered Users Posts: 3,997 ✭✭✭3DataModem


    The "owning thoughts" part is basically to do with anything you might invent or patent or discover or develop while under contract. It belongs to them, even if you think of it outside work. This is standard.


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    #3
    Whiplashy
    Registered Users Posts: 2,103 ✭✭✭Whiplashy


    3DataModem wrote: »
    The "owning thoughts" part is basically to do with anything you might invent or patent or discover or develop while under contract. It belongs to them, even if you think of it outside work. This is standard.

    I have never seen that in a contract before, however this is my first employment outside the education sector. Good to know it's pretty standard. One less thing to worry about.


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    #4
    Corruptedmorals
    Registered Users Posts: 4,194 ✭✭✭Corruptedmorals


    The first part is standard insofar as you are generally not allowed seek employment in a competitior or any of the supply chain, warehouses involved etc. etc. if for example you work in a department store. This is common in other sectors too. Not allowed seek employment anywhere else at all does sound a bit odd though. Maybe give NERA a quick ring, but have the exact wording of the contract to hand. You are entitled to request a copy of this and any of your files, if you don't have a copy of the contract on you.


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