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> independent contractors are free to sub out work. this is the law. Practically speaking, there is no way a software contractor can sub out work without viola

> independent contractors are free to sub out work. this is the law. Practically speaking, there is no way a software contractor can sub out work without violating a litany of contractual obligations in the contracting agreement. Even minimalistic contracting boilerplate agreements will have clauses that cover these situations. For example, if you sign an NDA with a company covering the work and then turn around and send the codebase to a contractor in Romania to work on it, you've very clearly violated the terms of the NDA. So no, the law doesn't automatically allow engineering contractors to do whatever they want with the work.

NesiG93vXQiSM8j 4y ago
> For example, if you sign an NDA with a company covering the work and then turn around and send the codebase to a contractor in Romania to work on it, you've very clearly violated the terms of the NDA. I find that unlikely. What if you were instead handing it to an employee? (Also, different NDAs are... different, it's pretty tough to talk about them all in general and expect a statement to be true.) > So no, the law doesn't automatically allow engineering contractors to do whatever they want with the work. Yes, it does. Just because you might have terms in a contract prohibiting it doesn't mean the law prohibits it.
- PragmaticPulp 4y ago
  > I find that unlikely. What if you were instead handing it to an employee? > (Also, different NDAs are... different, it's pretty tough to talk about them all in general and expect a statement to be true.) If you sign a contract that says you're not going to share the company's code and then you share the company's code, you've violated the NDA. It's as simple as that. Being a contractor doesn't grant someone magical immunity to the contracts they've signed. At most, the employee could argue that the contract made them a full-time employee and sue for benefits and such. They can't, however, simply ignore contractual obligations that they've agreed to.
  - trasz 4y ago
    Contractual obligations that go against the law are void. And it means that indeed, you are supposed to just ignore them.
    - CogitoCogito 4y ago
      Are you claiming that this specific contractual obligation is against the law?

NesiG93vXQiSM8j 4y ago

> For example, if you sign an NDA with a company covering the work and then turn around and send the codebase to a contractor in Romania to work on it, you've very clearly violated the terms of the NDA. I find that unlikely. What if you were instead handing it to an employee? (Also, different NDAs are... different, it's pretty tough to talk about them all in general and expect a statement to be true.) > So no, the law doesn't automatically allow engineering contractors to do whatever they want with the work. Yes, it does. Just because you might have terms in a contract prohibiting it doesn't mean the law prohibits it.

PragmaticPulp 4y ago
> I find that unlikely. What if you were instead handing it to an employee? > (Also, different NDAs are... different, it's pretty tough to talk about them all in general and expect a statement to be true.) If you sign a contract that says you're not going to share the company's code and then you share the company's code, you've violated the NDA. It's as simple as that. Being a contractor doesn't grant someone magical immunity to the contracts they've signed. At most, the employee could argue that the contract made them a full-time employee and sue for benefits and such. They can't, however, simply ignore contractual obligations that they've agreed to.
- trasz 4y ago
  Contractual obligations that go against the law are void. And it means that indeed, you are supposed to just ignore them.
  - CogitoCogito 4y ago
    Are you claiming that this specific contractual obligation is against the law?