On 09/30/14, Osmium wrote:
>>> I think your chance of getting a job as a programmer or an engineer with
>>> those constraints in the USA are real close to zero. Unless you are Very
>>> Special the company is not going to be willing to even enter negotiations
>>> with you regarding the basics. It also displays an "attitude".
On 30/09/14, Stuart wrote:
>> Gosh, I hadn't suspected this. I wonder whether this is an "American"
>> thing or just another indicator that software engineers are getting
>> closer and closer to the status of a McDonald employee. If I look at the
>> rates that are offered in most freelancer websites, I'd say that
>> McDonalds employees are only slighly less paid.
On 10/01/14, David Brown wrote:
> It is not just an "American" thing - it is common world-wide for an
> employer to have rights to related things you do outside work. But
> there will be significant differences in defining "related" here. In
> Europe, "related" might mean "any sort of programming" - while in
> America it could easily mean "anything making money".
In Germany this would be "anything that is related to the companies line
of work". So writing novels in your spare time is OK (as long as it does
not interfere with your work performance), and programming in a totally
different field is also OK (hobby programmer that wants to improve Open
Transport Tycoon). If you want to make money in your spare time, you
have to get a permission from your employer, but if your employee denies
you a permission he must state a good reason for this.
> There will also
> be significant differences in the attitudes taken by companies in
> enforcing such policies and contracts. In Europe, companies are allowed
Make that "allowed and required".
> to take ethics and common sense into account, and they are allowed to
> consider the rights and feelings of their employees. In America,
> publicly traded companies are primarily responsible to their
> shareholders - their main legal obligation is to maximise profits, and
> everything else is secondary. So if you write a best-seller in your
> freetime, and the company thinks they could claim the rights to it, then
> they have no legal choice but to try to take it off you.
I doubt that. I think that Geoff's posting else-thread contains a more
concise description of how things are done in America. After all,
America defines itself as the country that gives the most freedom to
everyone, and right now I cannot see any country in the world (not even
Germany) that comes closer to this dream than America. Of course, some
companies might think that this means that they can force any contracts
on their employees, but apparently the US jurisdiction thinks otherwise.
> Also, employers the world over have a right and a duty to protect their
> reputation, and that can place restrictions on what you do and how you
> act outside work hours. Rules for that sort of thing, and how they are
> enforced, will vary between the USA and Europe (and between countries in
> Europe). If you - as a male programmer - like to go clubbing wearing
> drag and fishnet tights in the weekends, you will quickly find yourself
> out of a job in most of the USA - while in northern Europe no one would
> bat an eyelid.
That's sad to hear. I think America has come a long way (a black
President would have been unthinkable in the 50's), but in some regards
they still have a long way ahead. In some parts they are even ahead of
Germany: if I understand it right, employers are not allowed to see the
name or the photo of the job applicant. That would be unthinkable here
in Germany.
Regards,
Stuart