Episode #125 of the Stack Overflow podcast is here. We talk Tilde Club and mechanical keyboards. Listen now

New answers tagged

3

I would advise following the advice here and just finish your period of time: https://haken-kachigumi.com/quit-while-contracted.html (You wrote you were in Japan, so it is Japan specific advice, and as such it is in Japanese) 労働基準法第16条 使用者は、労働契約の不履行について違約金を定め、又は損害賠償額を予定する契約をしてはならない。 There is this part of the law which means that the company cannot ...


1

In my experience, a non-compete clause will rarely serve a legitimate purpose. You can stop one employer to join a competitor - who will then just hire someone else. The employees that you might really not want to lose, they won't accept such a non-compete clause anyway. And the ones who accept it are likely the ones who you would love to move to a ...


5

As most of the other answers point out, a 4 year non-compete clause is insane. Those kind of non-compete clauses also are usually applied to high ranking employees, and translate into a fairly good/golden compensation package e.g. if they want you potentially out of the market during 4 years, the contract must state you will be paid by them for that period ...


2

Short Answer: Ask that they narrow the definition of competition, or that they delete that clause entirely, or that they pay you your full wages for those four years to compensate you for the loss of income. If they're unwilling to budge, walk away. It's not in your interest to work for an unreasonable employer. Longer Answer: That non-compete is ...


13

"also would not be able to employ the skills and knowledge that I am going to know from them" This is most likely not enforceable as it would effectively stop you from working anywhere. (soft skills as 'planning a project' is also in that category!). Did they offer anything in return? If not, the clause won't have any effect (but that could depend on your ...


-1

They are not normal and could go badly for you. If you don't like the work or don't like the workplace then you are stuck there. Find a job somewhere else if you are not comfortable with abiding by that clause.


0

You will have to gather all the information you have regarding time cards, employee handbooks, and any correspondence between you and the company. The timeline will be vary important. Many companies say that a part-time employee can occasionally work 40 hours in some weeks if the is a temporary need. They may specify a threshold of hours in a year, or ...


0

I was screwed over intentionally by not classifying me correctly. It is a very dangerous sentence, because you cannot prove it, and it actually might be false altogether. What you may be able to claim is: I was classified incorrectly, possibly by mistake. But I am now intentionally screwed, because the company does not want to repair the damage, to the ...


5

See a labor law attorney, and check the laws of your state. You may or may not be entitled to back pay or benefits, but it varies wildly from state to state.


3

I know everyone loves the phrase "HR is not your friend" - but in this case, it's at least your ally. Your old company wants you as a contractor. You want to contract for them. HR is the piece designed to make sure all the red tape with that arrangement is nicely handled. This is one of the beautiful times where everyone wants the same resolution to the ...


-1

"I'm a W2 employee, paid by X company, but I work daily at Y company. X company is just a staffing agency" This needs to change. You probably shouldn't push for it to change immediately because you don't want to risk losing the job. Ideally I think you should start exploring options with your manager somewhere between 3-6 months in the new role. Do this ...


1

Terminology: You have the Client (the company where you are actually doing work) and you have the Shop (the company that employs you and rents you out to the Client). You don't say who told you that you couldn't be given a raise because "the contract doesn't allow it", but I'd bet dollars to doughnuts it was the Client. The Shop can't just unilaterally ...


5

I would say this is a great opportunity for you to be able to get some experience as a developer, and to be able to put development experience on your resume. In fact, I would say that if your goal is to become a programmer, this may be your only practical path. It's hard enough to get a programming job if you already have experience; trying to get hired ...


8

Polish your CV and start looking for new opportunities. In IT industry with some skills and experience you will find a good job pretty quickly. If you want to stay at your current company, I would recommend to prepare yourself first(list a points why you should get a raise) and discuss it with your manager. Wish you all the best!


-1

His main concerns with our proposed limited company setup are: Security. Our client is working in the finance sector, and says that is critical that all work is performed from authorised premises and on secure equipment (laptops with security constraints and VPN). I've been thinking about the following counter-arguments to the points ...


1

I suggest you to take a look at the contracts pentesting firms sign with their customers for ideas. They have to deal with some of the same issues you have to, specially since they are breaking into the customer's network to try to get to the crown jewels. A tremendously limited list they usually deal with are: Scope: what can they access and what they ...


1

I suggest you take the offer. You then have 6 months to network, negotiate and also see if it's really where you want to live. There's a big difference between learning about a country or even visiting it, and living in one as a minority. Not taking the offer means you may never have the experience. Trying to double the offer is a risk and to me has little ...


1

(b) negotiate for a 12 months contract before accepting the offer? Highly unlikely to work, in my experience. Almost every company I have dealt with over the last two decades has only ever offered contracts of between 3 and 6 months. Because of the nature of the work, 90% of them subsequently offer extensions. The only way with this option is to do as @Bee ...


18

Full time mean 40 hours a week (unless you have a better ”kollektivavtal” a contract between the union and employer, in that case it might be a little bit less) Permanent Job (in Swedish ”Fast anställning” ) means that there is no time limit on your employment (the official term is ”tillsvidare” meaning ongoing). Unless you are badly missbehaving (in which ...


3

I would suggest read this https://www.oresunddirekt.dk/en/find-a-job-in-sweden/term-of-employment/employment-contracts-and-terms-in-sweden Looks like it is not for life, but pretty stable, depending on the company you work for


2

Disclaimer: I have never lived or worked in Sweden but a little bit of googling made me believe it is similar to the Netherlands and Germany: http://www.nymanrudenstam.se/wp/wp-content/uploads/2016/02/Broschyr-General-Labour-Law.pdf No, even in Europe a permanent contract doesn't mean that you cannot be dismissed, but Sweden like other European countries ...


3

What does permanent full-time position mean in Sweden? Does that mean it is a lifetime guaranty for the whole working life period? I strongly doubt it. I am not from Sweden but the "permanent" term is not rare to see in Workplaces across the world, nor is the "full-time" term. My understanding of "permanent full-time position" is: Permanent means that it'...


1

Short version: call them now and ask. Long version: There’s no reason to avoid or delay asking about the terms of a possible contract, other than the fact that the exact terms may undecided. Most commonly, the rate of compensation and amount of leave may depend upon negotiation after they have determined how you will fit into their organization. The ...


3

That would be the last possible time and I think you should ask much earlier if a short period would be a deal breaker for you. Otherwise the whole interview process is a waste of time. This is a rather basic information so I think you should just call or mail HR and ask about it.


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