Infy raises exit barrier for employees
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Employees will now need to give an undertaking that they will not join any of Infy's competitors for a period of six months after their job termination at Infosys. The new clause has been added to the employment terms as a part of the company's strategy to retain employees and control attrition. The agreement letter also mentions that the employees cannot accept job offers even from its clients (which they have serviced in the last 12 months) for a period of six months. I hope this is a good move by Infosys. But the Employees will suffer more. What do you guys think about this?
Regards, Satips.:rose:
I consider _all_ agreements with an employer null upon termination/departure, even those that state otherwise.
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Vikram A Punathambekar wrote:
I heard EULAs are invalid in Germany.
As Sebastian said, they are under most circumstances. If you go and *BUY* your software, like a Computer with packed Windows, you get the software and a license to use it as a natural unit. Now you are are allowed to sell that unit of software and licence (only when not holding a copy of the software!), as you have a contract only with the shop, not with the software vendor. The software vendors power over the software exhausts (as I translate the lawyerish term 'Erschöpfung') when offering it for sale. Special or tailor made software is totally different. For example oracle is only selling access codes to their software, and you download it at their site. So you are not allowed to resell it, because you have a binding contract with them excluding resale.
Failure is not an option - it's built right in.
Thanks, that was enlightening. I have one question though:
jhwurmbach wrote:
If you go and *BUY* your software, like a Computer with packed Windows
Do you actually BUY the software in this case, or do you just get a license to use it, like it happens with retail versions of software?
Cheers, Vıkram.
After all is said and done, much is said and little is done.
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This link may help: http://www.overlawyered.com/2007/06/pearson_update_bogus_pants_law.html[^] Some Judge in DC had a bad experience with dry cleaners, and ended up suing them for $67 million dollars... Iain.
Thanks for your Information Clarke.
Regards, Satips.:rose:
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Thanks, that was enlightening. I have one question though:
jhwurmbach wrote:
If you go and *BUY* your software, like a Computer with packed Windows
Do you actually BUY the software in this case, or do you just get a license to use it, like it happens with retail versions of software?
Cheers, Vıkram.
After all is said and done, much is said and little is done.
Actually, my example was badly chosen, as there are several possibilities of bundeling Windows with a computer: With Medium & preinstall, Only preinstall, with complete OEM-Version... You are allowed to unbundle the computer and Windows media along with its license. When you did not get media, I don't think you are allowed to burn one and sell that. And in no case are you allowed to sell it and have it at the same time.
Failure is not an option - it's built right in.
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Anna-Jayne Metcalfe wrote:
If they have to resort to enforcing terms like that, they can't be much of an employer.
Perhaps, but some of this is simply agreement "creeping" from industry to industry. In my industry, this is SOP, and strictly enforced, successfully. But that is the exception rather than the rule. Still, because it is common and enforced in this industry, it creeps out to customers and business associates not in the industry as a "gee this sounds like a good idea." It has not met with as much success in the general business industry, but has in R&D environments even in the business sector. R&D being a significant investment of time prior to "final product" or "final discovery" that money has already been paid. If someone leaves just prior to protype, you can't stop the person from going but there are economic reasons why taking that R&D investment through employees is a danger. If the R&D investment goes to the competitor, they loose sales, if the R&D investment goes to a customer, they loose sales. NDA's are nice, but even more difficult to enforce. A person can be paid to "rewrite" code that he wrote once before, without the investment of research, development and design, because it was once a working product, it is cheaper and easier. You cannot limit a person's knowledge, but that knowledge is a security risk, or economic risk. Thus those industries with the most to loose are the ones with the most restrictions. Those industries with THE most to loose are those like mine where they are successfully enforced. General business simply hasn't been as lucky.
_________________________ Asu no koto o ieba, tenjo de nezumi ga warau. Talk about things of tomorrow and the mice in the ceiling laugh. (Japanese Proverb)
Fair enough. I still think it's crap, though. If a company values its staff as much as it's IPR, the turnover will be far, far lower and hence this sort of rigid clause becomes moot.
Anna :rose: Linting the day away :cool: Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
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Fair enough. I still think it's crap, though. If a company values its staff as much as it's IPR, the turnover will be far, far lower and hence this sort of rigid clause becomes moot.
Anna :rose: Linting the day away :cool: Anna's Place | Tears and Laughter "If mushy peas are the food of the devil, the stotty cake is the frisbee of God"
Anna-Jayne Metcalfe wrote:
If a company values its staff as much as it's IPR, the turnover will be far, far lower and hence this sort of rigid clause becomes moot.
some industries have more than just IPR to loose. Thus some industries have been successful at this type of agreement, especially in enforcement. The issue is that other companies see the success in this industry and try to ALSO apply it to IPR to their advantage. Some win, some don't. Any company will push as far an advantage as they can legally, this is just one of those attempts at pushing.
_________________________ Asu no koto o ieba, tenjo de nezumi ga warau. Talk about things of tomorrow and the mice in the ceiling laugh. (Japanese Proverb)