Where is all this happening,by the way? If this is all in India, I think you are over-engineering this by entering into a specific agreement (unless the employment contract specifically lays down a procedure for such consent, or unless there is a real and practical risk of litigation related to ownership some time down the line). The cleanest way to handle this is for the employee to send a mail to a senior person in management, and include the following: (a) My free time, and own resources (b) Not related to my work/ job role (c) Will not use confidential / proprietary information of my employer, nor will I need to use such information related to the project in my day to day work. (d) No conflict of interest that I can see/ am aware of.
The manager can approve participation in XYZ, subject to whatever he has stated in the mail. On Wed, Jun 4, 2014 at 2:02 PM, Biju Chacko <biju.cha...@gmail.com> wrote: > On Wed, Jun 4, 2014 at 1:20 PM, harry <listmans...@gmail.com> wrote: > > Your colleague must have an employment contract which has a clause > > indicating all work done for the organization is "work for hire etc" - > and > > that covers work done related to the office. If this states that the > > company owns rights to code written during work timings -and while > > pursuing a task assigned by the company - then I think your friend has > > nothing to worry about (assuming he is working on the open source project > > in his own time). However, some contracts say this : "organization owns > > all rights to work produced during the period of employment" - that would > > be a problem - and your friend would need to take it up with the company > > since they could claim ownership on any open source work done on his own > > time. I have seen some contracts which even claim ownership on prior work > > done by an employee ! > > The contract states that approval needs to be obtained on a case by > case basis. The concern seems to be less about the IP issues and more > about potential conflict of interest and misuse of company time and > resources. > > -- b > >
