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Old 02.03.2020, 18:05
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Non-compete clause in my work contract?

Hi,

I work in a pharmacy and I'm about to switch my jobs for another pharmacy. In my work contract, I have a sentence very similar to the one in this example contract

"Ein allfälliges Konkurrenzverbot ist entsprechend den Art. 340 bis 340c OR zu regeln. "

I'm very confused. There's nothing else in my work contract on that topic, I didn't sign any additional documents. There's no clear definition of non-compete clause limits, such as geography or length of the clause, which seems to be required by the law. Not even mentioning the fact that my job does not really fit the requirements of such clause as per Art. 340 i.e. I have no knowledge on client list or company secrets.

I don't see how this sentence could define a non-complete clause, it sounds to me like this sentence only says that a potential non-complete clause will be regulated according to articles 340-340c of Swiss law OR?
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Old 02.03.2020, 18:20
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Re: Non-compete clause in my work contract?

It has to be agreed upon and cannot be handled in a default form for the entire sector, so if you signed nothing extra than you have no Non-compete clause.

Enjoy your new job.
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Old 02.03.2020, 18:21
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Re: Non-compete clause in my work contract?

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Hi,

I work in a pharmacy and I'm about to switch my jobs for another pharmacy. In my work contract, I have a sentence very similar to the one in this example contract

"Ein allfälliges Konkurrenzverbot ist entsprechend den Art. 340 bis 340c OR zu regeln. "

I'm very confused. There's nothing else in my work contract on that topic, I didn't sign any additional documents. There's no clear definition of non-compete clause limits, such as geography or length of the clause, which seems to be required by the law. Not even mentioning the fact that my job does not really fit the requirements of such clause as per Art. 340 i.e. I have no knowledge on client list or company secrets.

I don't see how this sentence could define a non-complete clause, it sounds to me like this sentence only says that a potential non-complete clause will be regulated according to articles 340-340c of Swiss law OR?
Read Art. 340 bis 340c of OR (Obligationenrecht = law).
Simple.

Also known as no need to invent the wheel.
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Old 02.03.2020, 18:24
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Re: Non-compete clause in my work contract?

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Read Art. 340 bis 340c of OR (Obligationenrecht = law).
Simple.

Also known as no need to invent the wheel.
I did and all I found were regulations how the clause should be defined, what are the limitations and how it expires. I didn't find anything that would define a default, automatic non-compete clause.

That's what I suspected but the sheer existence of this sentence in my contract worried me and I wanted to confirm with other people that my understanding is correct. Thanks for your help!
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Old 02.03.2020, 20:11
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Re: Non-compete clause in my work contract?

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I did and all I found were regulations how the clause should be defined, what are the limitations and how it expires. I didn't find anything that would define a default, automatic non-compete clause.

That's what I suspected but the sheer existence of this sentence in my contract worried me and I wanted to confirm with other people that my understanding is correct. Thanks for your help!
So I went and checked the article.
The point is to search your contract for a so called "Konkurrenzverbot". You mention there is nothing, therefore you don't have one.

One more tip on the side: DO read the contracts before you sign them and not when you cancel them.
All the best.
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Old 03.03.2020, 00:50
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Re: Non-compete clause in my work contract?

Non compete clause are very hard to enforce anyway even if you had one. They have to be super specific and the company would need to pay you not to work which most companies don't want to do.

So unless you are a really big shot with a huge portfolio that the company could prove damages, you have little to fear.

As always a legal insurance comes in handy if the company wanted to play games.
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Old 03.03.2020, 09:30
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Re: Non-compete clause in my work contract?

That’s not true - they are really simple in CH: they have to be specific and cannot prevent a person from working. That’s it.

Legal: he isn’t allowed to work for another pharmacy in our city within 24 months from leaving us.

Illegal: he cannot work for another pharmacy in CH forever.

It’s not just the big shots, these clauses have been enforced in court time and again. So: read your contracts. I personally refused to sign one once. The HR drone was “oh, this is meaningless standard text” and I said “well in that case do you surely not mind to delete this sentence “ ... and they did in the end.
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Old 03.03.2020, 13:06
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Re: Non-compete clause in my work contract?

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That’s not true - they are really simple in CH: they have to be specific and cannot prevent a person from working. That’s it.

Legal: he isn’t allowed to work for another pharmacy in our city within 24 months from leaving us.

Illegal: he cannot work for another pharmacy in CH forever.

It’s not just the big shots, these clauses have been enforced in court time and again. So: read your contracts. I personally refused to sign one once. The HR drone was “oh, this is meaningless standard text” and I said “well in that case do you surely not mind to delete this sentence “ ... and they did in the end.
Yep, did the same once.

Which is why I emphasize again and again: Read the contract before you sign it. Actually I didn't know how many people don't do that before EF!
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Old 03.03.2020, 14:41
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Re: Non-compete clause in my work contract?

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That’s not true - they are really simple in CH: they have to be specific and cannot prevent a person from working. That’s it.

Legal: he isn’t allowed to work for another pharmacy in our city within 24 months from leaving us.

Illegal: he cannot work for another pharmacy in CH forever.

It’s not just the big shots, these clauses have been enforced in court time and again. So: read your contracts. I personally refused to sign one once. The HR drone was “oh, this is meaningless standard text” and I said “well in that case do you surely not mind to delete this sentence “ ... and they did in the end.
Big shot was meant as someone really good at making money for their company, selling, buying, research etc.

Pharmacy that wants to enforce your example would need to prove potential loss caused by someone moving to a pharmacy other side of a city and pay 24 months salary. Hardly manageable IMHO.
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Old 03.03.2020, 16:22
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Re: Non-compete clause in my work contract?

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Big shot was meant as someone really good at making money for their company, selling, buying, research etc.

Pharmacy that wants to enforce your example would need to prove potential loss caused by someone moving to a pharmacy other side of a city and pay 24 months salary. Hardly manageable IMHO.
No, it doesnt.

Its a legal clause in a legal contract. There should be also a fine defined in it... and if you break it you pay. Simple. And fully legal in CH. Typically you put either your last bonus or some months of pay on the line.
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Old 03.03.2020, 19:08
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Re: Non-compete clause in my work contract?

I think you have gotten a bunch of different answers and in this case, i think your best bet would be to make an appointment with an employment lawyer and ask them to answer this question for you. It'll cost a fair bit - 1 to 2 hours at something like 300 ChF per hour, but then you'll have a lot more certainty.

If you like, I can recommend someone to you.
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