This is the best reply so far. Working hours are for the purpose of supporting the timely running of a company, if your position demands that you be responsible for that operation from a certain time, then so be it, but that also means your responsibilities end at a certain time. Anything beyond that should not be judged on the basis of a time sheet. Most IT professionals are in fact creative sector. By that I mean that they are producing something that cannot (or more accurately should not) be simply churned out assembly line style. Employees today are much too willing to subjugate themselves to the ranks of victorian factory workers. You are not a cog, and the company is not an engine. You are a person and what you produce through your sizeable talents directly translates to profit and respect for your company. The question I would ask isn't "what time is it best for me to get in and not be chastised or feel guilty for being too late" but "what is it really that makes me late?" A company should feel like family, and as such you should feel a genuine happy obligation to arrive at work when expected. But if you don't then the company managers should be asking themselves "why don't our employees want to be here?". JR

sirius-black wrote:

If his web business is functional during his hours then they can make a claim.

That's true, but only if his "declared" hours of work as an employee of his web business conflicts with his contracted hours.

sirius-black wrote:

Also, most employers can usually afford bigger legal fees than an individual.

Also, absolutely true, however I recently received a link to a great recourse (from guess who!) http://www.codeproject.com/News.aspx?id=3890[^] Free legal advice is often all you need to scare off a "big" company who are just chancing their arm on a dodgy case. There are actually many lawyers (good ones too) who will take a blatant case of copyright infringement on pro-bono. The idea that it is not worth taking on mr big and faceless because he has deeper pockets and better lawyers is no longer a serious factor. The fact of the matter is the contract is a standard one, often seen in modern technological companies. If you feel you can or should renegotiate the clause, then by all means do so, but it is there for a reason as far as the company is concerned and I highly doubt it would be anything but a deal breaker to remove it.

sirius-black wrote:

As an anecdote, a colleague of mine wrote a full helpdesk system whilst working for our company. He took legal advice on intellectual rights of the product (should he actually write it!) and was told that the company could make a claim against him. His wife had opted to stay at home to look after their young boys, but had been a developer. She took a short evening class in C++, bought a PC and the minimum of software and, voila, she "developed" the new product at home. He now employs 10 people in his successful business.

Nice one, but what happens if they get divorced? :laugh: JR -- modified at 7:00 Wednesday 15th August, 2007

Chris Losinger wrote:

Leftyfarrell wrote: Does this mean that if I start my own home business on the side, and build a website that conducts business in a totally unrelated field to that of my employer, they could still lay a claim to that business/website/invention? yes i'd ask if they'd waive that.

No. The contract clearly states two key points: 1) That the works the company intends to own are those created "during the period of employment". This can be translated to the contracted times of employment (i.e. 9-5) so long as the work does not fall into the conditions of the second point... 2) The creations in question are only those based on work done that is "in any way, directly or indirectly, connected with the Company", "or under the Company's direction in connection with the Company's business". In other words, if you want to work out of hours on something that is (or could be considered to be) in any way loosely related to the company, then it is theirs. Otherwise it is yours, unless it falls under the period stated in point 1. So, no, if you want to make and run a website on the side (i.e. out of hours) that has nothing to do with the business, your employer does not own it. They may feel they could lay claim, but it would be easily defended under normal US and/or UK copyright law. JR

Is that an interview question? JR