Employee Non Compete Agreement Template for Switzerland

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Key Requirements PROMPT example:

Employee Non Compete Agreement

"I need a Swiss Employee Non-Compete Agreement for a senior software engineer in our fintech company, focusing on protecting our proprietary trading algorithms and client relationships across Switzerland and neighboring EU countries, with a two-year restriction period starting from March 2025."

Document background
The Employee Non-Compete Agreement is essential for Swiss businesses seeking to protect their legitimate interests, including trade secrets, customer relationships, and specialized knowledge. This document becomes particularly crucial when employees have access to sensitive information or maintain significant client relationships that could pose competitive risks if transferred to a competitor. Under Swiss law, such agreements must be carefully drafted to comply with Articles 340-340c of the Swiss Code of Obligations, which requires reasonable limitations in terms of geography, time, and scope, along with appropriate compensation for the restrictions imposed. The agreement should be implemented selectively for key positions where the protection of business interests justifies post-employment restrictions.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the employment relationship and reason for the non-compete agreement

3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Competing Activity', and 'Restricted Territory'

4. Scope of Non-Compete Obligation: Detailed description of prohibited competitive activities and business areas

5. Duration: Time period for which the non-compete obligations will remain in force after employment termination

6. Geographic Scope: Specific geographical areas where the non-compete restrictions apply

7. Consideration: Compensation provided to the employee in exchange for the non-compete obligations

8. Exceptions: Circumstances under which the non-compete obligations won't apply or will cease to apply

9. Enforcement and Remedies: Legal measures and penalties for breach of the agreement

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes

11. Signatures: Execution blocks for both parties

Optional Sections

1. Garden Leave: Optional provisions for paid leave during the notice period to protect business interests

2. Non-Solicitation: Additional restrictions on soliciting employees, customers, or suppliers

3. Post-Termination Notification Requirements: Requirements for the employee to inform new employers of the restrictions

4. Severability: Provisions for maintaining validity of remaining clauses if parts are found unenforceable

5. Alternative Dispute Resolution: Optional mediation or arbitration procedures before court litigation

6. Reduction of Restrictions: Mechanism for court modification of overly broad restrictions rather than invalidation

Suggested Schedules

1. Schedule 1 - Restricted Territory: Detailed map or list of geographical areas covered by the restrictions

2. Schedule 2 - Competing Businesses: List of specific competitors or competing business activities

3. Schedule 3 - Compensation Calculation: Formula or details for calculating the consideration payment

4. Appendix A - Employee's Position and Access: Details of employee's role and access to protected information justifying restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Technology

Financial Services

Pharmaceuticals

Professional Services

Manufacturing

Research and Development

Biotechnology

Management Consulting

Software Development

Investment Banking

Medical Devices

Industrial Engineering

Private Banking

Marketing and Advertising

Telecommunications

Relevant Teams

Executive Leadership

Sales

Research & Development

Product Development

Client Services

Investment Management

Engineering

Business Development

Strategy

Technical Operations

Client Relations

Innovation

Professional Services

Senior Management

Business Intelligence

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Senior Software Engineer

Sales Director

Account Manager

Research Scientist

Product Manager

Investment Advisor

Technical Lead

Business Development Manager

Senior Consultant

Portfolio Manager

Head of Innovation

Chief Financial Officer

Regional Sales Manager

Senior Relationship Manager

Principal Engineer

Strategy Director

Client Partner

Head of Research

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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