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Non Solicitation Agreement For Independent Contractors

Non Solicitation Agreement For Independent Contractors Template for Switzerland

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Key Requirements PROMPT example:

Non Solicitation Agreement For Independent Contractors

"I need a Non Solicitation Agreement for Independent Contractors under Swiss law for our IT consulting firm, focusing on protecting our client relationships and preventing contractors from poaching our development team members for 12 months after their engagement ends."

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Document background
This Non-Solicitation Agreement For Independent Contractors is essential for Swiss businesses engaging external professionals who have access to valuable business relationships and internal networks. The document is specifically designed to comply with Swiss law, particularly the Code of Obligations and competition regulations, while protecting legitimate business interests. It's commonly used when contractors have significant interaction with employees, clients, or business partners, and includes specific provisions on restricted activities, duration, and geographic scope. The agreement carefully balances protection of business interests with Swiss constitutional principles of economic freedom, ensuring enforceability while maintaining the independent contractor relationship distinct from employment.
Suggested Sections

1. Parties: Identification of the contracting parties - the company and the independent contractor

2. Background: Context of the agreement, nature of the business relationship, and purpose of the non-solicitation provisions

3. Definitions: Key terms including 'Restricted Business', 'Restricted Persons', 'Restricted Period', and other relevant definitions

4. Independent Contractor Status: Confirmation of independent contractor relationship and disclaimer of employment relationship

5. Non-Solicitation Obligations: Core restrictions regarding solicitation of employees, customers, and business partners

6. Duration and Geographic Scope: Temporal and territorial limits of the non-solicitation obligations

7. Consideration: The consideration provided in exchange for the non-solicitation commitments

8. Reasonableness and Severability: Acknowledgment of restrictions' reasonableness and severability provisions

9. Remedies: Available remedies for breach, including injunctive relief and damages

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

11. General Provisions: Standard contract clauses including notices, amendments, and entire agreement

Optional Sections

1. Confidentiality Obligations: Additional provisions regarding confidential information, used when the main service agreement doesn't cover confidentiality

2. Non-Competition Provisions: Additional restrictions on competitive activities, included when broader protection is needed and legally permissible

3. Assignment and Succession: Provisions regarding transfer of rights, included when business sale or succession is anticipated

4. Alternative Dispute Resolution: Mediation or arbitration procedures, included when parties prefer alternative to court proceedings

5. Post-Termination Obligations: Specific obligations after the end of the business relationship, included for complex business relationships

6. Compliance with Industry Regulations: Additional compliance obligations, included for regulated industries

Suggested Schedules

1. Schedule 1 - Restricted Business: Detailed description of business activities covered by non-solicitation obligations

2. Schedule 2 - Restricted Persons: List of categories of persons (employees, customers, suppliers) covered by the restrictions

3. Schedule 3 - Territory: Detailed description of geographic areas where restrictions apply

4. Appendix A - Consideration Details: Specific details of any consideration provided for the non-solicitation commitments

5. Appendix B - Reporting Requirements: Any ongoing reporting or compliance requirements during the restricted period

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Information Technology

Management Consulting

Professional Services

Financial Services

Healthcare

Engineering

Creative Industries

Research and Development

Business Development

Marketing and Advertising

Education and Training

Human Resources

Relevant Teams

Legal

Human Resources

Procurement

Executive Leadership

Business Development

Project Management Office

Compliance

Risk Management

Operations

Talent Acquisition

Relevant Roles

CEO

HR Director

Legal Counsel

Business Development Manager

Project Manager

Management Consultant

IT Consultant

Financial Advisor

Training Consultant

Strategic Advisor

Marketing Consultant

Technical Architect

Research Consultant

Sales Director

Operations Manager

Industries
Swiss Code of Obligations (OR) Art. 394-406: Governs mandate agreements and contractual relationships for independent contractors, setting the basic framework for the agreement
Swiss Code of Obligations (OR) Art. 340-340c: While primarily for employment relationships, these provisions on non-compete clauses are often used as guidance for reasonable restrictions in non-solicitation agreements
Federal Act on Cartels and Other Restraints of Competition (CartA): Ensures that non-solicitation provisions do not create unfair competition or unreasonable market restrictions
Swiss Federal Data Protection Act (FADP): Regulates the handling of personal and business data that might be included in the agreement or known to the contractor
Swiss Constitution Art. 27: Guarantees economic freedom and must be considered when drafting restrictions on business activities
Swiss Civil Code (ZGB) Art. 2: Principle of good faith which must be observed in drafting and executing the agreement
Federal Act on Unfair Competition (UWG): Ensures that non-solicitation provisions do not constitute unfair business practices
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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