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Compensation For Non Compete Agreement Template for Switzerland

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Key Requirements PROMPT example:

Compensation For Non Compete Agreement

"I need a Compensation For Non Compete Agreement for our departing Chief Technology Officer who has extensive knowledge of our proprietary AI algorithms and client relationships; the agreement should cover a 2-year period starting March 2025, with monthly compensation of 50% of their final salary."

Document background
The Compensation For Non Compete Agreement is a crucial document used when a Swiss employer wishes to prevent former employees from engaging in competitive activities after their employment ends. This document becomes necessary when employees have access to customer information, manufacturing secrets, or other confidential business information that could significantly harm the employer if used by competitors. Under Swiss law, particularly the Swiss Code of Obligations, non-compete restrictions must be accompanied by adequate compensation to be enforceable. This agreement details the compensation structure, restricted activities, geographical scope, and duration of the non-compete obligation, ensuring compliance with Swiss legal requirements while protecting the employer's legitimate business interests.
Suggested Sections

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the agreement, including the employee's role and access to sensitive information

3. Definitions: Key terms used in the agreement, including 'Competitive Activity', 'Confidential Information', 'Territory', etc.

4. Scope of Non-Compete: Detailed description of prohibited competitive activities and business areas

5. Duration: Time period of the non-compete obligation (maximum 3 years under Swiss law)

6. Geographic Scope: Definition of the territorial boundaries where the non-compete applies

7. Compensation Structure: Detailed terms of the compensation, including amount, payment schedule, and calculation method

8. Payment Terms: Specifics about payment timing, method, and any conditions affecting payment

9. Employee Obligations: Specific duties of the employee during the non-compete period

10. Breach and Remedies: Consequences of breach, including any contractual penalties and enforcement mechanisms

11. Governing Law: Confirmation of Swiss law application and jurisdiction

12. Signatures: Execution block for both parties

Optional Sections

1. Garden Leave: Used when the agreement includes provisions for a garden leave period before the non-compete begins

2. Reduction Clause: Allows court modification of terms if found too restrictive, helping preserve enforceability

3. Early Termination: Conditions under which the non-compete may be terminated early

4. Customer Non-Solicitation: Additional restrictions on customer contact, if applicable

5. Employee Non-Solicitation: Additional restrictions on recruiting former colleagues, if applicable

6. Tax Provisions: Special tax considerations for the compensation payments

7. Insurance and Benefits: Any continuing benefits during the non-compete period

8. Alternative Employment: Provisions for approval of non-competing employment during the restriction period

Suggested Schedules

1. Schedule 1 - Compensation Calculation: Detailed formula and examples for calculating the compensation amount

2. Schedule 2 - Restricted Territory: Detailed maps or lists of geographical areas covered by the restriction

3. Schedule 3 - Restricted Companies: List of specific competitors or companies where employment is prohibited

4. Schedule 4 - Payment Schedule: Detailed timeline of compensation payments

5. Appendix A - Employee's Current Role and Responsibilities: Description of current position justifying the scope of restrictions

6. Appendix B - Confidential Information Access: Documentation of the sensitive information the employee has access to

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Technology

Financial Services

Pharmaceutical

Manufacturing

Professional Services

Biotechnology

Chemical Industry

Consumer Goods

Healthcare

Insurance

Management Consulting

Software Development

Research and Development

Investment Banking

Private Equity

Relevant Teams

Executive Leadership

Research & Development

Sales

Product Development

Information Technology

Business Development

Client Services

Operations

Engineering

Investment

Scientific Research

Strategy

Professional Services

Customer Success

Technical Operations

Relevant Roles

Chief Executive Officer

Chief Technology Officer

Chief Financial Officer

Senior Software Engineer

Sales Director

Research Director

Product Manager

Business Development Manager

Key Account Manager

Technical Lead

Senior Consultant

Head of Operations

Investment Manager

Regional Director

Vice President of Sales

Chief Scientific Officer

Head of Research

Senior Project Manager

Managing Director

Principal Engineer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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