Employment Contract Clauses
This cluster focuses on restrictive or unfair clauses in employment contracts, such as those penalizing early resignation or requiring repayment of relocation costs, with discussions on negotiating their removal, consulting lawyers, and refusing to sign problematic terms.
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People should stop agreeing to these. You already went through the interview process, already given an offer. Companies aren't going to rescind the offer because you strike out this line from the employment contract. Just like you negotiate salary, you negotiate the agreement, striking out that part in the contract.
In some countries that's illegal. So when presented with a contract that contains such claims, I have 2 options:1) ask them to remove it... and so I risk not getting the job2) don't say anything, and sign itIf I'm really interested in the job, I'll go for option 2 because I know they cannot enforce such claims, so I'll be fine.
Negotiate for the removal of these clauses from your contract and don't sign it if they won't remove them. Sometimes this may mean passing on a job but if everyone did this then employers wouldn't try to get away with it.
Or just don't work for a company that has such requirements in their contracts. Just because something is allowed doesn't mean most/many/all companies do.
Definitely not the norm and probably not enforceable. I hope you find a new job!
The employee's right to sign away their rights maybe.
They are almost certainly not allowed by their employment contract.
Talk to a work contract specialized lawyer. Even apart from this issue, there might be other issues in the contract, so why not alway talk to one before signing.
I am suggesting that you are bound by the terms of contracts that you sign.The law says "unless you've explicitly agreed otherwise, you can end an employment relationship with no conditions". This person explicitly agreed otherwise, then reneged on their agreement, that's a breach of contract.
I wonder if that's against your employment contract.