employment corporate-law limited-liability-company switzerland competition
Does running your own limited liability company constitute employment?
<p>What exactly is &quot;employment&quot;? Does running my own limited liability company (GmbH or similar) constitute &quot;employment&quot;?</p>
<p>I am asking this because my (Swiss) employment contract (which I am about to sign) forbids &quot;any other remunerated employment&quot;. Is it then OK to (at the same time) form a company and serve another client(s), provided that all the other clauses and ethical rules are met, e.g. I am not entering into direct competition, trading business secrets etc.?</p>
<p>Thank you</p>
<p><strong>UPDATE (1):</strong> OK thank you for your answers and hints so far. If we just remove this clause from the contract, would it then be OK to run a company and serve (for pay) other client(s) (provided that all the other clauses and ethical rules are met)? Or is this prohibited by default (where?), and hence must be explicitly allowed?</p>
<p><strong>UPDATE (2):</strong> the employment contract in question is part-time.</p>

<p>Your own limited company will at the very least have a company director (you) which is most likely employed.</p>

<p>Answer to updated question.</p>
<p><a href="https://www.kmu.admin.ch/kmu/en/home/concrete-know-how/personnel/employment-law/working-hours/multiple-jobs.html" rel="nofollow noreferrer">It is legal</a> to have to jobs, or a job plus your own company, in Switzerland.</p>
<p>This should be known to both employers to prevent them being in violation of labor laws.</p>
<p>Thus, the most non-controversial course of action is to negotiate this clause out of the contract, disclose your private practice, and ask what if anything is needed to comply.</p>
