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I’m guessing things aren’t quite so clear cut as you think they are. Trivially, Apple has an engineering presence in various European countries, it wouldn’t mak
by kec 6y ago
I’m guessing things aren’t quite so clear cut as you think they are. Trivially, Apple has an engineering presence in various European countries, it wouldn’t make sense to have this clause in their employment contract if it wasn’t applicable everywhere.
- Rochus 6y agoAs I said, I don't know US law. But I studied Swiss law which is quite similar to the law of other European countries. Even though Apple is a large company and sometimes behaves as if they are above the law, their subsidiaries are still subject to the laws of their respective countries. The clauses in their contracts that violate applicable national law are invalid.
- tester89 6y agoWould such a clause be legally permitted in Switzerland?
- Rochus 6y agoYou can write in a contract whatever you want; it's permitted to sign invalid contracts; but it's the court which decides on the nature of the contract and interprets the will of the parties; the court will disable illegal clauses and replace them by default law.
- skissane 6y ago> Trivially, Apple has an engineering presence in various European countries, it wouldn’t make sense to have this clause in their employment contract if it wasn’t applicable everywhere Usually, multinational employers have a seperate standard employment contract for each country they operate in, written with input from local lawyers. So I wouldn’t assume the IP provisions in Apple’s employment contracts are exactly the same in every country, although they would all be attempting to implement Apple’s global policies to the extent that each country’s legal system allows it. (I have never seen an Apple employment contract, so this is informed speculation.)