We analyse, draft, negotiate, prosecute and defend non-competition (non-solicitation clauses in Swiss Employment / labour agreements within Switzerland.
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).
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.
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.
Swiss law doesn't provide for monthly compensation for non-compete / restrictive covenants / non-solicitation. However, they can be agreed in the employment contract.
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)ad-voca.ch 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.