Contractual work in an IT company

Table of content:

The specificity of the work of an IT company lies in the fact that the main attention in the development of legal documentation should be paid to such moments as intellectual property, processing of personal data of users, protection of the rights and interests of the developer company. The team of A4 Law firm specialists will help you settle these and many other legal issues in advance, draw up documentation based on the specifics and characteristics of your company.

The nuances of concluding an employment contract in an IT company

After hiring suitable employees in an IT company, in accordance with the current legislation of the Russian Federation, you need to conclude employment contracts with them. Here it is important to comply with all the rules in terms of document execution - you need to include in the document the necessary minimum of conditions, which can be found in Article 57 of the Labor Code of Russia. Let's take a closer look at all the standards.

Contractual work in an IT company implies that both mandatory (local) and recommended regulations are reflected in the document-contract with the employee. Local acts are drawn up by the management of an IT company within its competence and include mandatory rules of conduct for employees. Such acts are regulated by Article 8 of the Labor Code of Russia.

Among the local ones it is worth highlighting:

  • rules of the order of work within an IT company;
  • information on the protection of the employee's personal data;
  • an order for organizing a workplace for a disabled person (if necessary).

In addition to the mandatory standards, it is worth reflecting additional instructions / provisions in the contract with the employee:

  • instructions regarding the activities of a particular employee;
  • responsibilities in the framework of telecommuting;
  • acts that contain information for the employee about: the rules for generating reports, planning business trips, notifications of absence, request, use of the company's hardware and software, dress code (these instructions can be included in the corporate labor regulations).

Protection of rights to service works

The alienation of exclusive rights to the development of software, design and other products must be recorded in the job description attached to the employment contract concluded between the employer and the employee. Each new service assignment is confirmed by this document and signed by both parties.

Working with personal data

If a product developed by an IT company is designed for mass use by users, it is necessary to comply with the requirements of the legislation of the Russian Federation on the localization of user data, obtaining consent to the processing of their personal data. For this, an agreement is being developed within the framework of a public offer - a user agreement for the site, which fixes all the obligations and rights of the parties, delineates responsibility and determines the procedure for users to submit claims.

CEO regulations

The CEO is a special "figure" in an IT company. When hiring and drawing up a contract with him, you can set a trial period for him for six months. For this period, it is reasonable to include certain restrictions in the actions of the head of the contract - for this, the charter of the company must be adjusted. The grounds for the dismissal of the CEO are also prescribed in the employment contract. If the key employee decided to quit on his own initiative, then he must declare this 30 days before the date of the resignation.

Also, in the employment contract with the general director, it is worth prescribing the amount of compensation that will be paid after dismissal by the decision of an authorized person (or a group of persons), provided that there were no serious violations (paragraph 2 278 of article of the Labor Code of the Russian Federation).

Other types of IT contracts

The IT sphere is very extensive, characterized by huge cash flows, so it is extremely important to protect yourself from a legal point of view. In addition to those listed above, the following types of contracts are used in the IT environment:

  • service contract;
  • contract for the creation, further technical support / support of the site;
  • license agreement;
  • franchise agreement;
  • refit contract;
  • an agreement on the alienation of the exclusive right to intellectual property;
  • purchase agreement for software, other IT products;
  • contract for the customization of online advertising;
  • software integration agreement, etc.

Many managers make one serious mistake when drawing up IT contracts - they simply copy documents from competitors or download them from the Internet. But in this way, it is impossible to take into account all the features of the work of a particular IT organization. Moreover, this significantly increases the risks of financial losses and the involvement of management, as well as individual employees, to responsibility in the event of any disputable situation. Competent lawyers of A4 Law firm will help you draw up legal documentation that is correct from a legal point of view, develop all the necessary contracts for efficient and transparent work with customers, users and partners.


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