This Non-Compete Non Solicitation Agreement is essential for Swiss employers seeking to protect their legitimate business interests, trade secrets, and customer relationships. It is particularly relevant when employees have access to sensitive information or deep client relationships that could harm the business if used by competitors. The agreement must be carefully drafted to comply with Swiss law, specifically Articles 340-340c of the Swiss Code of Obligations, which requires restrictions to be reasonable in scope and supported by legitimate business interests. Typically used for key employees, senior management, and technical specialists, the document includes detailed provisions on restricted activities, geographical scope, duration, and any compensation for the restrictions. The agreement should balance the employer's need for protection with the employee's constitutional right to economic freedom under Swiss law.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the contracting parties (typically employer and employee/former employee)
2. Background: Context of the agreement, including the employment relationship and legitimate business interests being protected
3. Definitions: Key terms used in the agreement, including 'Confidential Information', 'Competing Business', 'Restricted Territory', 'Restricted Period', etc.
4. Non-Compete Obligations: Detailed restrictions on competitive activities, including scope, duration, and geographical limitations as per Swiss CO Articles 340-340c
5. Non-Solicitation Obligations: Restrictions on soliciting employees, customers, and business partners
6. Duration and Geographic Scope: Specific timeframe and territorial limits of the restrictions, ensuring compliance with Swiss law requirements
7. Consideration: Compensation or benefits provided in exchange for the restrictions
8. Exceptions and Permitted Activities: Activities explicitly allowed despite the general restrictions
9. Acknowledgments: Employee's confirmation of reasonableness and understanding of restrictions
10. Remedies: Consequences of breach, including any contractual penalties (Konventionalstrafe) and injunctive relief
11. General Provisions: Standard clauses including severability, governing law, and jurisdiction
12. Execution: Signature blocks and date of agreement
1. Garden Leave: Used when the agreement includes provisions for paid non-compete period immediately following employment
2. Post-Employment Cooperation: Include when ongoing cooperation is needed for transition or knowledge transfer
3. Return of Company Property: Add when there are specific items or information to be returned
4. Independent Legal Advice: Include when emphasizing the employee's opportunity to seek legal counsel
5. Monitoring and Reporting: Used when the employer requires periodic confirmation of compliance
6. Waiver Conditions: Include when specifying circumstances under which the employer may waive restrictions
7. Special Compensation Structure: Add when compensation for the non-compete is structured in installments or has special conditions
1. Schedule 1 - Restricted Territory: Detailed list or map of geographical areas covered by restrictions
2. Schedule 2 - Competitor List: Specific companies or business types considered competitors
3. Schedule 3 - Protected Customers: List of customers covered by non-solicitation provisions
4. Schedule 4 - Compensation Details: Breakdown of any compensation specifically related to the restrictions
5. Appendix A - Confidential Information Categories: Detailed categorization of protected confidential information
6. Appendix B - Employee's Position and Access: Description of employee's role and access to justify restrictions
Find the exact document you need
Not To Compete Agreement
A Swiss law-governed agreement restricting an employee's competitive activities post-employment, subject to the Swiss Code of Obligations' specific requirements and limitations.
Download
Non Compete With Independent Contractor
Swiss-law governed non-compete agreement for independent contractors, establishing post-termination competitive restrictions while maintaining contractor status.
Download
Non Disparagement Agreement
A Swiss law-governed agreement preventing parties from making negative or derogatory statements about each other, with specific protections and remedies under Swiss contract and defamation laws.
Download
Non Hire Agreement
A Swiss-law governed agreement restricting one party from hiring or soliciting employees of another party, structured in compliance with Swiss employment and competition laws.
Download
Non Compete Non Solicitation Agreement
A Swiss law-governed agreement restricting post-employment competition and solicitation activities, compliant with the Swiss Code of Obligations.
Download
Non Compete In NDA
Swiss law-governed agreement combining confidentiality obligations with non-compete restrictions, ensuring protection of sensitive information and limiting competitive activities.
Download
Real Estate Non Compete Agreement
Swiss law-governed agreement restricting competitive activities in real estate within specified areas and timeframes, ensuring compliance with federal and cantonal regulations.
Download
Non Compete Sales Agreement
A Swiss law-governed agreement establishing non-compete obligations in sales relationships, defining restricted activities and territories while ensuring compliance with Swiss legal requirements.
Download
Non Compete Clause In Shareholders Agreement
Swiss law-governed non-compete clause within a shareholders agreement, establishing competitive restrictions while ensuring compliance with Swiss legal requirements.
Download
Employee Non Solicitation Agreement
A Swiss law agreement preventing former employees from soliciting current employees, including specific restrictions and enforcement mechanisms compliant with Swiss employment law.
Download
Non Compete In Severance Agreement
A Swiss law-governed agreement combining severance terms with non-compete provisions, protecting employer interests while ensuring legal compliance with the Swiss Code of Obligations.
Download
Non Solicitation Agreement For Independent Contractors
A Swiss-law agreement protecting company relationships by preventing independent contractors from soliciting employees, clients, or business partners.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)