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Old 11.06.2021, 09:13
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Re: New employer wants me to start before end of current contract

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Actually, you are obliged by law to tell them ... it would be illegal (in the sense of violating the employment contract) to work for another company without your employer's agreement. This is part of the Code of Obligations legislation for employment contracts.
Which part of CO are you referring to?

There is a "duty of loyalty" clause, which includes this:

"For the duration of the employment relationship the employee must not perform any paid work for third parties in breach of his duty of loyalty, in particular if such work is in competition with his employer."

But that doesn't exclude working for another employer, or require you to inform your current employer, as long as you are not impacting their rights.

A typical case where it is allowed would be working X% for one company, Y% for another (non-competing), where X + Y <= 100% (of normal working hours).

However in this specific case it IMO it would breach that clause - working for two employers literally at the same time means you are not delivering the agreed effort for at least one of them.
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