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Art. 340c 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; 4. Cessazione
Art. 340c CO
Il divieto di concorrenza cessa quando è provato che il datore di lavoro non abbia più un interesse considerevole a mantenerlo.
Il divieto cessa parimente quando il datore di lavoro disdice il rapporto di lavoro, senza che il lavoratore gli abbia dato un motivo giustificato, o quando il lavoratore disdice il rapporto per un motivo giustificato imputabile al datore di lavoro.
Decisioni giudiziarie che applicano questa disposizione (63)
LA240001 · zh (Art. 340c Abs. 1 OR)
Employee's Appeal Dismissed for Non-Solicitation Clause Violation
The court affirmed that the non-solicitation clause did not lose its effectiveness because the employer retained a significant interest in upholding it.
LA220013 · zh (Art. 340c Abs. 2 OR)
Employment Agency v. Former Employee: Non-Compete Clause Penalty Reduced
Used to determine whether the non-competition clause is invalid due to a justified termination by the employee.
LA220013 · zh (Art. 340c OR)
Employment Agency v. Former Employee: Non-Compete Clause Penalty Reduced
Defines the circumstances under which a non-competition clause becomes void.
C/19132/2020 · ge (Art. 340c al. 2 CO)
Appellant v. Former Employee (Non-Compete Penalty)
The court confirmed the lower court's decision, which found that the non-compete clause ceased to be effective because the employment contract was terminated by the employer without just cause.
ZVE.2023.16 · ag (Art. 340c Abs. 2 OR)
Employee's Non-Compete Clause Upheld Despite Claims of Misconduct
The court used this article to determine if the non-competition clause had lapsed due to a justified reason for the employee's termination.
C1 20 263 · vs (art. 340c al. 2 CO)
Employee Upheld Against Non-Compete Penalty Due to Invalid Clause and Justified Resignation
The court confirmed the lower court's decision that the non-compete clause ceased to be effective because the reason for termination of employment was imputable to the employer.
C/524/2018 · ge (art. 340c al. 2 CO)
Employee v. Employer: Non-Compete Validity, Bonus Entitlement, and Damages Following Resignation
Used to determine that the non-compete clause became void because the employee resigned for justified reasons attributable to the employer.
12.2021.72 · ti (art. 340c CO)
Employee Challenge to Non-Compete Penalty Enforcement Upheld
This article (concerning the cessation of the non-compete clause) was central to the appeal's subject matter, although the court ultimately upheld the lower court's finding that the clause was not voided under this provision.
C/8423/2018 · ge (art. 340c al. 2 CO)
Employee Overtime Compensation and MBA Cost Reimbursement Appeal
Cited by analogy in the reasoning concerning the potential lapse of training cost reimbursement clauses if the employee resigns without a justified reason.
15.2020 · vd (art. 340c al. 2 CO)
Claimants v. Former Employee (Non-Compete and Shareholder Claims)
The court concluded that the non-compete clause did not apply because the personal nature of the trustee's relationship with clients assimilated the situation to that of a liberal profession, overriding the clause.
AN170001 · zh (Art. 340c Abs. 2 OR)
Employment Contract Dispute: Non-Compete Indemnity and Guaranteed Bonus
Used to establish that the non-competition agreement lapsed because the employer terminated without just cause, which formed the basis for dismissing the claim for compensation.
ML.2018.215 · vd (Art. 340c al. 2 CO)
Employee v. Employer regarding Non-Competition Clause Compensation and Termination Validity
This article was the substantive ground for admitting the appeal because it caused the non-competition clause to cease effect, leading to the maintenance of the opposition.
LF180017 · zh (Art. 340c Abs. 2 OR)
Employer Fails to Enforce Non-Compete Agreement Due to Insufficient Justification for Termination
This provision governs the lapse of a non-compete clause when the employer terminates the employment relationship without a justified cause. The court used it to determine whether the non-compete clause remained valid.
LA170026 · zh (Art. 340c Abs. 2 OR)
Commission Dispute Versus Non-Compete Penalty Set-Off
The appeal was dismissed because the court found that the employer did not have a justified reason (begründeter Anlass) for termination, leading to the lapse of the post-contractual non-compete clause.
LA160029 · zh (Art. 340c Abs. 1 OR)
Personnel Consulting Firm v. Former Senior Consultant (Non-Compete Clause Validity)
The court affirmed the first instance's decision to reject the claim based on the conclusion that the plaintiff did not prove a continuing significant interest in upholding the non-compete clause.