View Single Post
  #1  
Old 12.01.2018, 11:48
Gramatyka356 Gramatyka356 is offline
Forum Veteran
 
Join Date: Jan 2017
Location: St Gallen
Posts: 534
Groaned at 44 Times in 29 Posts
Thanked 283 Times in 167 Posts
Gramatyka356 has earned some respectGramatyka356 has earned some respect
emplyment law: where can I get quick consultation about employment contract to sign?

Hello,

I've read a contract proposition but it's unusual in terms of non-compete, non-disclosure. For the breach of any they state a liquidation damages and the right to further seek damages compensation. Well I'm just a software engineer so such terms never happened to me yet, after all I just develop code, not make deals with customers, manage any financial records, contact lists or whatever decisions

-- An excerpt:

Employee undertakes that he will not be partially or fully employed by a company that has partially or fully the same business purpose like the Employer and/or its group companies or that develops, produces, distributes or offers partially or fully the same or similar products and / or services as the Employer or that advises on such products and/or services;

--end

As far as I know I can always use my skills with no restriction under any known law. So with such a wide enigmatic statement I wonder how much such clause is enforceable in practical terms. I mean, what real conditions would classify a position at other employer to be in conflict with them according to the extent of my job and know-how acquired. To be in non-compete non-disclosure conflict one has to make a damage to the former employer. It seems to me that the "business purpose" is not applicable here by the law as it is due to what position I would held if any potential damage may happen - think of large corporation having many branches for example. Naturally I understand the right to protect the business by the employer and I respect it with common sense, my concern is how much the above will limit my options to change a job during the post-employment period.

I don't want to post here any significant portion of the contract. The above sentence is just enough.

Let me know if you have a verified knowledge in the topic or can recommend a lawyer to contact for consultation (cost estimate would be also helpful).
Reply With Quote