If an employer were to demand total confidentiality from third parties, implying that this confidentiality should extend even to lawyers, what do you or should you do? My instinct is to see a lawyer. What is the enforceability to such a clause in a contract? Can you be penalized for seeking legal advice in this situation?
With zero context, it's difficult to give any kind of answer. If it's a clause you're not comfortable with, don't sign it. Best to get a lawyer to advise you.
Well, giving context might already violate the contract
Whether I'm allowed to do this, and whether I can punished for doing it, is pretty much the crux of the matter.
I'm probably naive, but it is my assumption that no legal contract can prevent you from seeking legal advice. Is this assumption valid in Switzerland?
Yes.
Have you already signed the contract?
Even if you have, it shouldn't preclude you from seeking legal advice. If a contract had such a clause in it, I would be extremely wary of it.
I'd say your naivety would be in even considering employment with a company that play such games, because the changes are good they'll disrespect you in other ways down the line. Accept the job if you must, but start looking for an alternative job immediately.
Are you joining Wagner or the mafia?
My experience is that the weirdest the contract conditions are, the more disrespectful the company is towards its employees..I have seen many contracts and such clause is a really weird one, talks about past legal issues with employees, come on, to the point of adding such clause to a contract? this seems a bad adviced company trying to control employees the wrong way, with punishment and restriction of behaviour. I personally would run away from such atmosphere...
Such a confidentiality clause would likely conflict with:
https://www.fedlex.admin.ch/eli/cc/2…_233/en#art_27 para. 2
“No person may surrender his or her freedom or restrict the use of it to a degree which violates the law or public morals.”
Thank you everyone for the responses.