If you’re a woman and have just secured a full-time employment contract in the technology industry, congratulations, you are now part of the 26% of women working in IT!
Breaking into the tech sector is a significant achievement, but it’s very likely just the beginning of your journey — and your learning, particularly contractually, writes Evane Alexandre of Gerrish Legal.
What is an employment contract?
Understanding the terms of your ‘contract of service,’ which is put in place between an employee and an employer (and is distinct from a contract for services – which tech freelancers have), is critical for ensuring a smooth and successful start to your tech job or IT career.
This article contains 10 key areas of a typical full-time employment contract.
And it’s aimed at helping you navigate the important elements of this invariably binding agreement between you and your technology industry employer.
1. Job title and description
Ensure that your job title and description accurately reflect the role you will be performing.
The words after ‘Job Title’ or ‘Job Description’ in your agreement should clearly outline your primary responsibilities, the specifics of your mission, and the reporting structure.
Unambiguous wording explaining your job is vital to avoiding discrepancies between expectation and reality once you start your role and throughout it.
2. Duration and Termination
Formalising the duration of your employment contract is important.
The duration clause should clearly state whether you are employed for a temporary or permanent role; when your start/end date is, and whether there is any probationary period.
The termination clause should offer clarity (to anybody who reads the contract) on the conditions under which your employment can be terminated, by either party and their respective notice periods.
3. Salary and benefits
The salary section of a contract of service is where your fee or pay structure is spelt out, with relevant details also listed, such as:
- pro-rata benefits
- overtime rates, and;
- expense reimbursements
Take the time to review any additonal benefits such as health insurace, pension contributions, and bonus schemes.
You want to understand the criteria for qualifying for bonuses and how they will be calculated.
You should also want to check with those other than the provider of the contract that your specified compensation package is in line with industry standards and reflects your skills and experience.
4. Working hours and flexibility
Informally understanding your regular working hours and any flexible working arrangements almost goes without saying, but both of these ought to be set in stone in your contract too.
Check the document for any expectations regarding overtime, weekend work, or on-call duties.
Flexible working arrangements can significantly impact your work-life balance, so ensure that the employer’s policies meet your needs and expectations.
Depending on the nature of your full-time employment role, make sure any provisions for remote work are detailed.
Then ask yourself what the clauses say about your availability, hours or modes of communication, equipment, and authorised settings and locations.
5. Training and development
Professional development or training is one of the employee incentives that women in tech value the most.
In the rapidly evolving technology industry, having opportunities for training, skills development, and career advancement within your employer’s organisation can help you stay ahead of the curve.
It should also position you well for promotion.
Understanding any requirements or obligations associated with such ‘upskilling’ schemes is therefore key. Pay close attention to any ‘repayment’ clauses, which would be actioned if you left the employment shortly after completing training.
6. Annual leave allowance and holidays
Although working in IT has historically been associated with working long hours and having heavy workloads, an above-average annual leave allowance and holiday entitlement can be valuable for maintaining a healthy work-life balance and ensuring a high level of productivity as a female techie.
Make sure your full-time employment agreement stipulates your annual leave entitlement. You also want to see and check any restrictions relating to taking time off.
The annual leave allowance section of your contract should also spell out the process for requesting leave, including notice periods and approval requirements.
7. Intellectual property (IP)
As a woman in tech, another key element to look out for in your employment contract is the Intellectual Property (IP) clause.
This aspect of your contract of service outlines how the organisation will manage any innovations or developments you generate while in their employ.
It’s essential to grasp whether the IP clause transfers ownership of your work entirely to the employer (which is the norm in a contract of service), or if there are provisions for retaining some rights.
Safeguarding IP rights and maintaining control over creative output tends to be a consideration for freelance technology consultants, as well as those full-time employees who are interested in future endeavours beyond their employer.
8. Confidentiality and non-compete
Look out for a confidentiality clause in your employee contract as it will inform you what constitutes “confidential information.”
Similarly, read up on the obligations relating to information disclosure and data protection.
The confidentiality provision helps you protect any confidential information you might own and share with your employer within the course of your employment.
But it also should articulate your obligations towards any of the employer’s confidential information you might come across.
If you are a permanently employed woman in tech with strong ambitions for career development with your employer — but also potentially without, pay extra attention to any contractual clauses entitled “Non-Compete.”
These typically prohibit you from working for the employer’s rivals in the same sector during and/or after your employment.
As vast as the tech industry can sometimes seem it still very often feels like a small world, so ensure the perimeter of such a prohibition is unambiguously set out, including any restrictions around scope, location and time. Also, familiarise yourself with the consequences of non-compliance.
9. Data privacy
As standards of data protection laws keep changing, ensure your full-time employment contract as a woman in tech reflects the most recent legal evolutions.
Checking the name or iteration of the data regulatory framework in your full-time employment contract is particularly recommended for tech roles that involve data processing across the UK and the EU.
To demonstrate to the employer that you take your contractual obligations seriously, request the employer’s handbook on privacy practices to ensure you are aware of any specific data protection requirements related to your role.
10. Dispute resolution and governing law
Women working as a permanent member of staff in the technology sector would be prudent to be across their employer’s processes for addressing workplace issues and disputes.
Read the small print on disciplinary procedures and be able to cite mechanisms for resolving disputes.
Knowing what it says about your rights in ‘black and white,’ extending to the available recourse should a challenging situation arise, is a must for maintaining a positive work environment while feeling protected and self-assured if a grievance or problem occurs.
When combing through your contract, take note of the law applicable to your employment and double-check the jurisdiction competent for resolving disputes. As a female tech industry employee, this might have considerable consequences on the rights that apply to you.
Ideally, the jurisdiction should be the law and place of your employment — and where you’d have the easiest access to lawyers if you needed them.
Why it pays to grasp these top 10 areas of a tech employment contract
Understanding your full-time employment contract is essential to both setting yourself up for employment success in the tech industry and then sustaining it.
Carefully review the terms and conditions of your contract of service in these 10 key areas, to ensure all the clauses are accurate, agreeable, and reflective of your intentions (and your employer’s intentions), thereby optimising the chances of succeeding as a permanent IT industry employee.
Try to consider what aspects or clauses matter most to you, and focus on those as part of making informed and contractually supported decisions about your career.
Nagging contractual concern about terms and conditions?
Navigating an employment contract with confidence is often one of the best ways to start on the right foot as a woman in tech, but consider reaching out to a contract or legal specialist if clarity or peace of mind on your professional journey at any time starts to fade.
Evane Alexandre
Evane Alexandre is a trainee lawyer at Gerrish Legal, a digital law firm spanning Paris, Stockholm, and London. With dual degrees from France and the United States, Evane has acquired valuable knowledge and expertise in business law, with a specialised focus on digital law.
Evane currently assists companies across the globe to help them navigate legal complexities and achieve compliance seamlessly and promoting legal innovation and global business collaboration. Proficient in commercial law, contracts, intellectual property, and data privacy, Evane will qualify and register at the Paris bar in 2024.
