From the magazine SZW-RSDA 2/2020 | S. 127-137 The following page is 127

La fin des rapports de travail du banquier : concurrence et bonus

The end of the banker’s working relationship is sometimes conflicting. The sticking points generally concern non-competition clauses and the payment of bonuses. The purpose of this article is to set out the rules applicable in this area in a way that both presents the legal principles and promotes practical solutions. In particular, the possibility of imposing a non-competition clause on the employee because of their knowledge of the bank’s clientele and the various issues surrounding the legal qualification of bonuses, as well as acceleration, forfeiture and reimbursement clauses in profit-sharing plans, and the reconciliation of private law principles and the administrative requirements imposed by FINMA will be examined.

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