Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

¹ An em­ploy­ee who in­fringes the pro­hib­i­tion of com­pet­i­tion must provide com­pens­a­tion for the res­ult­ant dam­age to the em­ploy­er.

² Where an em­ploy­ee who in­fringes the pro­hib­i­tion is li­able to pay a con­trac­tu­al pen­alty, un­less oth­er­wise agreed he may ex­empt him­self from the pro­hib­i­tion by pay­ing it; however, he re­mains li­able in dam­ages for any fur­ther dam­age.

³ Where ex­pressly so agreed in writ­ing, in ad­di­tion to the agreed con­trac­tu­al pen­alty and any fur­ther dam­ages, the em­ploy­er may in­sist that the situ­ation that breaches the con­tract be rec­ti­fied to the ex­tent jus­ti­fied by the in­jury or threat to the em­ploy­er’s in­terests and by the con­duct of the em­ploy­ee.