about employing contract´s
hello, i´m about to work in a small game studio, and i have a doubt about the contract they give me, in the contract there is a clausule that´s says if a get off the project in a period of 8 months (the time until the end of the project) i have to pay R$60.000 to the studio (its like $30.000 in dolars), i wanna know if this is common in the industry, becouse when i saw it, looks like crazy for me, anyone who works in the industry can give me a help with this? :poly122:
Replies
Anyway is it just if you choose to leave or if they fire you? It sounds sort of shady either way.
Now they could be doing this on a breach of contract type thing. Like you signed up for 8 weeks but if you bail out then your gonna get charged.
I would definitely ask for it. Hell maybe they pay you 30 bucks severance if you get let go early.
edit: so yeah if that is 30,000 then they are insane, maybe that's legal there but here no company could get away with anything like that, id not sign it. that's reverse severance pay wtf.
I have to pay $30.000 only if a give up the project, its becouse im being employed as another company (i will have to open my own company, so they not have to pay all the bills as they would if a was a employee), becouse its a company to company contract, there is this clausule about the $30.000
OBS: (its 30.000 in dolars, im from Brazil, so this value to me would be like 60.000 in my currency)
if they fire me they have to pay nothing, nice ah? :shifty:
Probably end up sacking you or folding their company and then charging you the 30k.
They're saying that if you back out of the contract before you've finished the contracted period of time they're going to charge you for the damage you'll do to their project. The damage amount being $30,000
You could say that they can pay you in monthly chunks and you'll repay them the amount they've paid you up till then with a reduced amount of damages.
But really it's not a problem if they can only do this if you leave by yourself and aren't dismissed.
or is it fine for something out of your control to happen and then you also have to pay some bs charge..
an employee leaving (either of their own free will or not) is a risk an employer takes, and trying to put the blame onto the workers is seriously lame. Something's wrong if one person leaving causes that much damage, that's why management is paid so much more than us- to deal with it.
I agree. Unless they have fronted you some kind of signing bonus, I don't see how they are entitled to it. What if you start working there and everyone is an asshole, unprofessional, or the whole project is a mess (not saying they are or it will be, just as a possibility) and you decide to leave?
Do what you think is right, but it sounds very shady to me.
Oh and by the way, you're fired.
Your claiming scam is cheaper than their claiming scam. Agreed!! *signs the contract*
On Serious note: Thanks for the intel, I didnt know they charge people if they wish to leave within the contract range. All I figured was they will not give you your vacation pay if you just quit on them. <.<
It's best to be very carfull with those kinds of contracts. I'm not a expert in law but from what you said I think such a paragraph within a contract is likely to be judged obsolete in case of an lawsuit if you are hired as an employee.
As you said you'd have to start your own business and it will be a company to company contract. I that case such a paragraph maybe ok. But think of all possible circumstances:
What if you get sick and can't complete the job? How is such a case covered in your contract.
I had a similar situation: A company having the complete staff made out of freelancers. Nobody was employed as a regular employee not even a core-team. Everyone was asked to get his own business started, having freelance-contracts but effectivly working a regular inhouse fulltime job. To me it sounded very shady. I checked the situation with tax accountant and my family. I refused the offer and I was lucky: a few moth later everyone in that company was laid off and some didn't even get their last months of payment.