Hey so I received the contract and I was expecting non competition but this one is very broad. My question is: is this even enforceable? I probably won’t be negotiating it, just wanna know if this would even make a case? „In the course of their work, the Employee has access to the Employer’s clientele and to the Employer’s business secrets. The Employee herewith agrees to refrain from any activity which directly or indirectly competes with the Employer or for 2 years after the termination of Employment. The Employee agrees in particular: – not to accept part-time or full-time employment as an employee with a company which pursues wholly or partly the same purpose as the Employer, or with any company which develops, produces, distributes or offers wholly or partly the same services and/or products as the Employer, or provides consultancy services in relation to such services and/or products; – to, neither directly nor indirectly, establish or to participate in such a company, nor to operate such a company at their own costs; – not to provide services of any kind, either in a dependent or independent position (e.g. as a consultant), for such a company. It being understood that the same purpose as the Employer means in particular (but not limited to): xxxxxxxxxxx. Furthermore, it being understood that the same services and/or products as the Employers means in particular (but not limited to): xxxxxxxxxxxxxxxxxx The Employee additionally agrees to neither solicit nor recruit, either directly or indirectly (in particular through a company owned or controlled by them), (i) employees of the Employer or (ii) previous or current customers of the Employer for 3 years after the termination of Employment. The post-contractual non-compete obligation and the post-contractual nonsolicitation obligation apply to the entire territory of Switzerland and any foreign country the Employer has actual or potential customers in. In the event of the breach of the post-contractual non-compete and/or post contractual non-solicitation obligation, the Employee shall owe the Employer a contractual penalty of CHF 30’000 for each individual breach. In addition to the contractual penalty the Employer retains the right to claim compensation for the damages exceeding the contractual penalty. The payment of the contractual penalty and/or the additional damages shall not release the Employee from the obligation to continue to comply with the post-contractual non-compete and/or the post-contractual non-solicitation obligation. The Employer is entitled at any time, regardless if payment of the contractual penalty and/or additional damages have been made, to demand the termination of the actions which are in breach of the non-compete and/or non-solicitation obligation and to have the Employee ordered to cease any and all activity in breach of the non-compete and/or non-solicitation obligations by a court (remedy of specific performance, “Realexekution”). submitted by /u/cimcum94
Originally posted by u/cimcum94 on r/Switzerland