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Art. 340a Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte seconda: Dei singoli contratti; Titolo decimo: Del contratto di lavoro; Capo primo: Del contratto individuale di lavoro; G. Fine del rapporto di lavoro; VII. Divieto di concorrenza; 2. Limitazioni
Art. 340a CO
Il divieto di concorrenza deve essere convenientemente limitato quanto al luogo, al tempo e all’oggetto, così da escludere un ingiusto pregiudizio all’avvenire economico del lavoratore; esso può superare i tre anni soltanto in circostanze particolari.
Il giudice può restringere secondo il suo libero apprezzamento un divieto eccessivo, tenendo conto di tutte le circostanze; egli deve considerare convenientemente una eventuale controprestazione del datore di lavoro.
Decisioni giudiziarie che applicano questa disposizione (62)
Jug.2024.75 · vd (art. 340a al. 1 CO)
Building Services Company v. Former Deputy Director (Non-Compete and Unfair Competition)
Cited in the reasoning to establish that the non-compete clause was invalid due to lack of territorial limitation.
Jug.2024.75 · vd (art. 340a al. 2 CO)
Building Services Company v. Former Deputy Director (Non-Compete and Unfair Competition)
Cited in the reasoning when discussing the reduction of an excessive non-compete clause, which became moot as the clause was deemed invalid.
ZVE.2023.16 · ag (Art. 340a OR)
Employee's Non-Compete Clause Upheld Despite Claims of Misconduct
The court used this article to assess whether the non-competition clause unduly hindered the employee's economic future.
25835 · nw (Art. 340a Abs. 2 OR)
Non-Compete Clause Penalty Reduction Upheld
This provision was cited as the legal basis for the court's decision to reduce the penalty clause, although the final order only confirms the prior judgment which was based on it.
HC.2021.143 · vd (Art. 340 et 340a CO)
Employer v. Former Employee: Invalid Non-Competition Clause and Insufficient Damages Claim
These articles concerning the post-contractual non-competition clause were the substantive legal basis for rejecting the appeal concerning the main claim (order I/II).
C/3845/2018 · ge (art. 340a al. 1 CO)
Non-Compete Clause Validity and Penalty Reduction in Post-Employment Dispute
The court addressed the non-limitation aspect of the clause, which confirms its application in the final orders upholding the conviction.
CC 2019 146 · ju (art. 340a al. 1 CO)
Employer v. Former Employee (Non-Compete Violation)
Requirements for limiting a non-competition clause in terms of place, time, and business activity to avoid compromising the employee's economic future.
CC 2019 146 · ju (art. 340a al. 2 CO)
Employer v. Former Employee (Non-Compete Violation)
Allows judges to reduce excessive non-competition clauses based on equitable considerations and employer's counter-performance.
CC 2019 147 · ju (art. 340a al. 1 CO)
Employer v. Former Employee (Non-Compete Violation)
Cited regarding the limitations (place, time, type of business) for a valid non-competition clause.
CC 2019 147 · ju (art. 340a al. 2 CO)
Employer v. Former Employee (Non-Compete Violation)
Cited in relation to the reduction of an excessive non-competition clause.
102 2018 47 · fr (art. 340a al. 1 CO)
Commercial Agent Commission Reimbursement and Non-Compete Clause Validity Appeal
The court analyzed this provision concerning the requirement for the non-compete clause to be reasonably limited in time, place, and scope of business.
102 2018 47 · fr (art. 340a al. 2 CO)
Commercial Agent Commission Reimbursement and Non-Compete Clause Validity Appeal
The court applied this provision to reduce the excessive contractual penalty for the non-compete clause.
C/266/2016 · ge (art. 340a CO)
Employee v. Employer: Unpaid Commissions and Unjustified Termination
Cited to rule that the non-compete clause is void because it lacks adequate limitation regarding place and type of business.
ML.2018.45 · vd (Art. 340a al. 2 CO)
Payment Order Opposition Lift Refusal Upheld Over Insufficient Non-Compete Justification
This article was cited in the reasoning regarding the reduction of an excessive non-compete clause, which was the main substantive issue leading to the rejection of the main claim, even though the court ultimately applied jurisprudence based on the inability to determine the admissible part.
CACIV.2018.6 · ne (Art. 340a CO)
Employer v. Former Employee: Invalid Non-Compete Clause
The appeal was rejected because the non-compete clause was deemed null for failing to meet the proper limitations required by this article.