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Do I have the right, as an employee, to establish my own business (GmbH, AG, sole proprietorship) nevertheless?

Under swiss law, in the vast majority of cases the employment contract requires the employee to obtain the employer’s approval in advance. The consent will normally be given if the employee does not compete against the employer in his second activity and if the employee’s performance does not suffer.

Absent a contrary agreement, the employee is basically free to assume additional occupations in his off-time. However, he violates his duty of good faith (art. 321a of the Swiss Code of Obligations) if the second job reaches an extent that it reduces the employee’s performance and the employee is therefore unable to fully attend to his work-duty. If the employee earns money from a competing occupation, this is called moonlighting (Schwarzarbeit), which normally constitutes a cause for instant dismissal.

Preferably you establish the foundation of your company with STARTUPS.CH. STARTUPS.CH will provide you with professional guidance before and after the foundation. Here you will be able to apply for a counselling interview and to request free documentation.

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