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Non Hire Agreement Template for Switzerland

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Key Requirements PROMPT example:

Non Hire Agreement

"I need a Non-Hire Agreement to protect our tech company's development team when engaging with an external consulting firm from March 2025, preventing them from hiring our employees for 24 months after the engagement ends."

What is a Non Hire Agreement?

The Non-Hire Agreement is utilized in business relationships where there is a legitimate interest in protecting a company's workforce from being hired by specific other parties. Common scenarios include business partnerships, service provider relationships, or corporate transactions. The document specifies which employees are covered, the duration of restrictions, and geographical scope, all tailored to comply with Swiss law requirements. It is particularly important in situations involving access to key employees or when companies are collaborating while remaining potential competitors for talent. The agreement includes necessary provisions to ensure enforceability under Swiss law, including reasonable limitations on scope and duration, and appropriate remedies for breach.

What sections should be included in a Non Hire Agreement?

1. Parties: Identification of the contracting parties, including full legal names and addresses

2. Background: Context of the agreement, including the business relationship between the parties

3. Definitions: Key terms used in the agreement, including 'Restricted Employees', 'Restricted Period', and 'Group Companies'

4. Non-Hire Obligations: Core restrictions on hiring, recruiting, or soliciting employees

5. Duration: Time period for which the non-hire restrictions will remain in effect

6. Geographic Scope: Territorial extent of the restrictions

7. Exceptions: Permitted activities and situations not covered by the restrictions

8. Remedies: Consequences of breach, including any liquidated damages

9. Confidentiality: Obligations regarding the confidential treatment of the agreement and related information

10. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement

11. Execution: Signature blocks and execution requirements

What sections are optional to include in a Non Hire Agreement?

1. Non-Solicitation Obligations: Additional restrictions on soliciting employees without direct hiring, used when broader protection is needed

2. Group Company Provisions: Extended provisions covering affiliated companies, used when parties are part of larger corporate groups

3. Severability: Specific provisions for maintaining validity of remaining clauses if parts are found unenforceable, particularly important in jurisdictions with strict enforcement rules

4. Notice Requirements: Procedures for providing notice of potential hires to check compliance, used in situations with higher risk or need for monitoring

5. Compliance with Laws: Specific references to relevant employment and competition laws, used when operating in multiple jurisdictions

6. Third Party Rights: Rights of group companies or other relevant third parties to enforce the agreement, used when protection needs to extend beyond direct parties

What schedules should be included in a Non Hire Agreement?

1. Schedule 1 - Restricted Employees: List of specific employees or categories of employees covered by the restrictions

2. Schedule 2 - Group Companies: List of affiliated companies covered by the agreement, if applicable

3. Appendix A - Form of Acknowledgment: Template for employee acknowledgment of restrictions, if required

4. Appendix B - Notice Requirements: Detailed procedures for providing notice of potential hires, if applicable

Authors

Alex Denne

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

Relevant legal definitions






























Clauses


























Relevant Industries

Financial Services

Technology

Professional Services

Healthcare

Pharmaceuticals

Manufacturing

Telecommunications

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Relevant Teams

Human Resources

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Engineering

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Finance

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Relevant Roles

Chief Executive Officer

Managing Director

Head of Department

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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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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