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-   -   emplyment law: where can I get quick consultation about employment contract to sign? (https://www.englishforum.ch/employment/278933-emplyment-law-where-can-i-get-quick-consultation-about-employment-contract-sign.html)

Gramatyka356 12.01.2018 11:48

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).

Samaire13 15.01.2018 15:57

Re: emplyment law: where can I get quick consultation about employment contract to si
 
Does this refer to your obligations during the employment or after it's ended?

It reads to me that this is outlining your responsibilities during employment, and it is not unusual to add a clause that forbids you to work for a competitor while you are employed elsewhere. But this is usually more about the legal maximum of working hours you are allowed to put in.

If this refers to a non-compete after your employment: in reality, these are only allowed where a former employee has access to highly sensitive, confidential information. This is usually a select few in any company, and certainly not someone writing code.

Also, any non-compete must be geographically restricted and time-limited - trying to get you to sign one that is entirely open-ended is ridiculous. Something like the one here will effectively make it impossible for you to find any job in your profession again for God-knows-how-long and God-knows-how-far, and it goes without saying that is not legal.

You should definitely not push your luck here though and I recommend not to sign this, though, even if it's unlikely to hold up if push comes to shove. Imo it's too risky.

newtoswitz 15.01.2018 16:01

Re: emplyment law: where can I get quick consultation about employment contract to si
 
This is a perfectly normal non-compete clause, I have had something similar in all of the contracts I have signed and we have one in our standard contract for all employees.

Guest 15.01.2018 20:34

Re: emplyment law: where can I get quick consultation about employment contract to si
 
http://www.gmacg.com/

I cannot recommend them highly enough. Very good on employment law and contracts. They speak English and German. They can advise if the non compete element is enforceable in Switzerland. Often it is not.

Samaire13 15.01.2018 21:20

Re: emplyment law: where can I get quick consultation about employment contract to si
 
Quote:

Originally Posted by newtoswitz (Post 2897202)
This is a perfectly normal non-compete clause, I have had something similar in all of the contracts I have signed and we have one in our standard contract for all employees.

Interesting, to me it doesn't sound normal or standard at all. It reads as if he's effectively forbidden to work with any competitor anywhere ever. Based on what he posted here of course.

I was trying to find my company's standard non-compete, but have not found it yet.

Gramatyka356 15.01.2018 21:32

Re: emplyment law: where can I get quick consultation about employment contract to si
 
For anyone else in such situation I got very good consulting at https://www.oav.ch/

It's only 15 minutes but it is cheap and professional. I have learned a lot. Yet, I need to talk to a specialized lawyer to get more information as the matter is indeed nasty. But I also got contacts to the right advocates in my area, English speaking. So it was very helpful as a starting point.

FYI, for the other replies. No it's not standard but I don't want to post out a full text. The complete clause is actually very nasty, by large invalid, put there just to scare me but it is not completely invalid by definition. It could be PITA (pain in the a**) in the future as it would require at minimum some time wasted at the court.

Gramatyka356 15.01.2018 21:37

Re: emplyment law: where can I get quick consultation about employment contract to si
 
Quote:

Originally Posted by Samaire13 (Post 2897400)
I was trying to find my company's standard non-compete, but have not found it yet.

I have never signed any non-competition yet and I am in the middle of my life ;) so much talking about standard doc

FYI, one more very informative source in English https://www.walderwyss.com/publications/973.pdf


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