Non-Compete | Non-Solicitation Clause


We analyse, draft, negotiate, prosecute and defend non-competition (non-solicitation  clauses in Swiss Employment / labour agreements within Switzerland.

Get in direct contact with T. Villiger, specialized Employment lawyer and Attorney at Law on tel. 043 535 00 85 / villiger(at) or via Internet. We look forward to helping you. 

A careful analysis is required to determine whether a non-compete clause is formally valid and enforceable in a particular case. It is highly recommended that you directly engage a lawyer (not just a legal adviser) to assist you through all the steps - analysis - negotiation - litigation (if necessary).


Are non-competition clauses enforceable in Switzerland?

The validity and enforceability of non-competition clauses/restrictive covenants depend heavily on the form, the wording, the reasons for termination of the employment relationship and other requirements. A strong non-competition clause can actually prevent employees from taking up new employment, while a weak one is very difficult to enforce.


What are penalties?

In order to make it easier for the employer to enforce non-competition clauses, penalty payments can be agreed in an employment contract. They can usually amount to a year's salary. 


Is there a right to monthly compensation?

Swiss law doesn't provide for monthly compensation for non-compete / restrictive covenants / non-solicitation. However, they can be agreed in the employment contract. 


How do we proceed?

The analysis of an existing non-compete / non-competition clause involves a review of the clause in the employment contract and the applicable regulations, the employment relationship and the reason for termination (depending on complexity: CHF 200 - CHF 900). An hourly rate applies for negotiations. Don't hesitate to contact us on tel. 043 535 00 85 / villiger(at) or via Internet. We look forward to helping you. 

Our office is located in the centre of Zurich, Switzerland. Click here to find out more about working with us.