Marianne Wälchli - As we all know, the coronavirus crisis has hit the music industry hard. Fully or partially self-employed and freelance members in particular keep telling us that they have had too little work since corona and that they sometimes almost despair as a result. This is remarkable because musicians are actually conditioned to only report on successes because they are afraid that their "market value" could drop if they admit that things are not going so well.

When its members clearly need help, it is the duty of a professional association to help within the scope of its possibilities. That is why the SMPV has decided to set up a private tuition platform parallel to the www.mein-musikunterricht.chThe members have already been able to advertise their private music lessons on this platform for some time. We are very pleased that www.rent-a-musician.ch has been online since November 5! The platform will gradually be filled with profiles of musicians from all over Switzerland, but already shows a wide range of instruments and musical styles.

Well, there are platforms outside the SMPV where you can advertise your private music lessons or concert activities. Unfortunately, however, these offer musicians, who are not on a bed of roses anyway, unprofitable conditions: Members complain that, depending on the platform, between 15 and 23% of their hourly fees or royalties are withheld by the platform operators, leaving them with only around two thirds of their wages after they have also paid social security contributions on their earnings. From this salary, they also have to pay the rent for the course venue, sheet music, instrument maintenance, insurance, etc. We keep hearing from members that they feel exploited, but that they still have to register on these platforms because they have been so reliant on finding students and getting concert engagements since coronavirus.

In this respect, the SMPV also sees its platforms as a wage protection measure for its members who work partially or fully independently or as freelancers, i.e. now also for those members who are permanently employed at a music school but who also perform independently or as freelancers. The SMPV does not charge any registration or placement fees on either platform. The possibility of placing one's profile on both platforms is part of the SMPV's service package, and membership fees did not have to be increased because of the new services.

Another advantage of the SMPV platforms is that the SMPV is the only platform operator that can guarantee that only profiles of qualified music teachers can be found on its platforms. Anyone who has obtained a music teaching diploma or who has ever taught didactics knows how much you need to learn in the field of didactics in order to provide your pupils with the best possible support and to avoid postural and vocal problems, for example. A great musician is not automatically a good music teacher!

As only those who have at least a Master's degree in music education or a teaching diploma in an instrument can become SMPV members, and because SMPV members can only register on both platforms in subjects in which they have a professionally qualifying diploma, the SMPV can really guarantee quality. We find it highly problematic for our profession that other platforms sometimes post profiles of musicians without didactic training on their teaching platforms.

Marianne Wälchli - His articles were always very carefully written and well researched, and I am aware that I am now following in very big footsteps.

Dear Lucas, you were SMZ editor for our association for 14 years, for which I would like to thank you on behalf of all SMPV members. Do you also feel a little melancholy when you say goodbye?

Yes, of course! It was a long and exciting time, during which the association also changed a lot. But precisely because it was a long time, I think it's right that someone else is now setting new priorities. However, I will particularly miss the collaboration with the editorial team and the good discussions in the editorial committee meetings.

What was particularly important to you as SMZ editor?

On the one hand, to present the association to members, but at the same time to convey the diversity of the SMPV to outsiders. Then a good linguistic standard was always important to me; in other words, I always tried to edit texts that I didn't write myself with a lot of love.

What has changed in the 14 years?

At the beginning of my time, the SMPV pages were primarily a classic association organ with reports on ZV meetings, PKs and DVs. Today, everything is much more thematically open.

Do you remember one article in particular?

A highlight for me was the interview with Simonetta Sommaruga, who was a member of the Council of States at the time. It was a very exciting encounter with a fascinating personality who took the interview for the comparatively "small newspaper" absolutely seriously at every moment.

Have you often received reactions to your articles?

This article was the most popular, otherwise strong reactions were rare. Topics relating to a CLA for music teachers or working conditions at music schools in general elicited the strongest reactions. And in personal conversations I was able to gather from comments in the margins that the pages were being read. Otherwise there were few reactions.

This is probably also due to the lack of daily updates because of the relatively long production time. How do you compensate for this?

Current topics are posted on the homepage, posted on social media or published in the online edition of SMZ.

How do you rate the importance of the online edition; is it read?

In terms of our association content, this is very much capable of development. The relaunch in January should make it more attractive, which will hopefully also increase the use of the online edition.

Do you have any special advice for me?

Make sure you leave the doors open to the sections and members and invite them to participate, write articles or at least provide ideas. One drop of bitterness in recent years has been that the participation of sections and members has declined noticeably. I hope you will find a way to make the association pages more of a reflection of the diverse activities of the association and its members again.

I will take your advice to heart. Thanks for the interview and all the best for your new projects!

Lucas Bennett - Dear readers, after 14 years, which have always been interesting and rich in content for me, I will be devoting more time to my main profession as a musicologist.

The Board of Directors has elected Marianne Wälchli, member of the Board of Directors and President of the SMPV Bern section, as her successor. She will be responsible for editing our association pages from the November issue onwards.

She will also represent the SMPV on the SMZ editorial committee. I would like to take this opportunity to wish Marianne every success and enjoy her new role!

We would like to ask our sections and members to send text submissions and other requests for the SMPV window of the SMZ to marianne.waelchli@smpv.ch with immediate effect. Please also note the current editorial deadline below. Thank you very much!

I would like to thank the members, the sections, the Central Board and the SMPV Central Secretariat for the good and often stimulating cooperation and all readers for the interest they have shown in our pages over the years.

SMPV - On September 25, voters will vote on the "AHV 21" bill passed by Parliament. This provides for various measures to avert a funding shortfall in the first pillar, primarily due to demographic factors. In addition to an increase in VAT, the resolution also provides for an increase in the retirement age for women to 65. While the increase in VAT is subject to a mandatory referendum anyway, trade unions and parties on the left have launched a referendum against the "AHV 21" package of measures. In particular, the increase in the normal retirement age for women is being rejected. Overall, there are fears of a weakening of the first pillar, which has long since ceased to provide a living wage, despite the fact that this was once written into the constitution by the electorate. There are also fears of a long-term, continuing trend towards a weakening of the AHV compared to the second and third pillars. It is argued that the first pillar system is the most advantageous for most employees. This also applies to many music teachers, who often work part-time, do not earn a very high hourly wage and can often experience breaks in their working life, all of which the AHV smoothes out when calculating pensions, whereas the second pillar does not. In the latter case, pensions are also falling due to the difficult earnings situation and conversion rates are being adjusted downwards.

Two current popular initiatives are also aimed at strengthening the first pillar. On the one hand, part of the Swiss National Bank's profits should be allocated to AHV assets, which, according to the initiators, would secure the financing of the AHV for ten years. Another initiative aims to counteract the excessively low AHV pensions with a 13th AHV pension.

Information on the two popular initiatives can be found on the website of the Swiss Federation of Trade Unions (SGB), of which the SMPV is a member:

> www.sgb.ch/themen/sozialpolitik/detail/ahv-staerken-statt-rentenalter-erhoehen

> www.sgb.ch/themen/sozialpolitik/detail/bundesrat-ignoriert-problem-der-sinkenden-renten

SMPV - As an association member, it pays to benefit from the SMPV's wide range of offers. Financially, too: together, savings can be made that in some cases can even be several times the amount of the membership fee.

With its certified members and tariff recommendations, the SMPV makes an important contribution to quality assurance and to combating fee dumping in private music lessons, which have always been an important part of the Swiss music education landscape. Members can create an individual online profile on the platform for private music lessons "mein-musikunterricht.ch". Unlike commercial providers, the SMPV does not charge its members any subscription or agency fees.

The central association and the sections regularly offer further training and courses at greatly reduced rates for members. It is also possible to offer courses yourself.

Numerous other offers from the sections, such as student concerts, level examinations and competitions, complete the range of activities and offer members the opportunity to exchange ideas and network with colleagues. Last but not least, SMPV membership includes the traditional "Agenda Musik" and a subscription to the Schweizer Musikzeitung.

Support with labor law issues, insurance

The SMPV offers its members support in matters of employment law; of particular note is the free initial legal advice that is available to all association members once a year for cases relating to their music teaching activities. This is also where the heavily discounted legal expenses insurance comes into play: one of your private students is regularly absent from music lessons without notice and does not cover the costs of the missed lessons? The music school suddenly stops paying your wages due to sickness-related absence? For these and other cases, the SMPV has developed a legal protection insurance together with CAP. Damage to or even loss of musical instruments can be prevented with instrument insurance from Mobiliar, which is discounted for members. Discounts on health insurance are offered in cooperation with SWICA and CSS, as well as health and daily allowance insurance through Groupe Mutuel and the "Forte" compensation fund.

Customized

Pension solutions

As a self-employed member, you have the option of joining the "Music and Education" pension fund (2nd pillar). For the 1st pillar, the "Forte" association compensation fund offers an industry-oriented, personal and cost-effective solution that is also technically up to date with its online solution.

Further information on the offer can be found at:

> www.smpv.ch

SMPV - In order for your profile to be recognized and "understood" by search engines such as Google, it is important that your profile contains information about you and your teaching that is as relevant as possible. For example, if the field below your profile picture and the "about me" field are not filled in, a search engine such as Google will consider the profile in question to be an "empty page", which will have a negative impact on the page's ranking. Currently, many profiles on the platform are not yet completed. In order for your profile to be found by search engines, it is very important that you complete the following fields:

1st box under the background image: Describe your range of lessons as precisely as possible. The search engines will recognize keywords such as "piano lessons", "piano lessons", locations, etc.

2. field "About me": A short CV is sufficient, but again describe what is particularly important to you in teaching and/or what makes your teaching particularly special.

What makes our platform even more interesting for search engines is the blog with the "7 questions" interviews on "Mein-Musikunterricht". All users are welcome to take part - at www.smpv.ch/interview-mein-musikunterricht you can answer the seven questions and attach a picture of yourself. We will then gradually upload more and more blog posts, link your interview to your profile and vice versa and thus make your teaching offer more visible.

Questions can be sent to support@mein-musikunterricht.ch.

You can also find illustrated instructions at www.smpv.ch/mein-musikunterricht

Lucas Bennett - Brigitt Leibundgut was born on April 28, 1936. She attended elementary school and grammar school in Bern and graduated with a type B Matura in 1955. At the same time, she took piano lessons with Ellen Brenner in Bern. At the Bern Conservatory, she studied piano with Rosmarie Stucki, theory with Sándor Veress and pedagogy with Suzanne Egli. She obtained her teaching diploma in 1960. This was followed by further training with Louis Hiltbrand in Geneva, Hubert Harry in Lucerne and John Buttrick in Zurich. In 1973, she also completed a degree in early musical education and basic courses at the Zurich Conservatory.

Brigitt Leibundgut was a versatile music teacher; until 1973 she gave piano lessons for children and adults as part of the SMPV private lessons program; she then worked at the Küsnacht music school, of which she was the initiator and co-founder, as principal from 1973 to 1989 and founded the early musical education and primary school courses in 1973. She also worked as a piano teacher at the Hottingen cantonal school.

Brigitt Leibundgut has performed in concerts mainly as an accompanist and in chamber music formations, for example in a duo with violinist Brigitte Barandun.

In 1978 Brigitt Leibundgut, who had been an active member of the SMPV since obtaining her professional diploma in 1960, was elected to the board of the Zurich section of the SMPV, of which she was president from 1990 to 1999.

Brigitt Leibundgut continued her strong commitment to the SMPV on the Central Board, from 2004 as Vice President and from 2013 to 2014 as Central President. During her year as President, one of her main tasks was to initiate the discussion about the association's direction, which was widely discussed throughout the association and came to a (first) conclusion at the 2016 DM. The author, then Vice President of the SMPV, remembers with gratitude Brigitt's always prudent and, in the best sense of the word, balanced way of chairing meetings of the Board of Directors. As a representative of the SMPV, she also performed important functions in partner associations and organizations; she was a committee member of the Swiss Youth Music Competition, the Swiss Music Council and Youth & Music, where her main focus was on preparing the "Youth and Music" initiative (the so-called music initiative). As a member of the board of the former Schweizer Musikzeitung association, where she served as actuary for 13 years, she oversaw the challenging transition to a new sponsorship model for the SMZ.

For many years, the SMPV was also able to count on Brigitt Leibundgut's commitment to professional music education, which was in transition from the traditional SMPV studies to the Bologna-compatible professional studies of SAMP/Kalaidos. She was a member of the board of the Förderkreis der privaten musikalischen Berufsausbildung in der Schweiz, which campaigned for the preservation of private music studies in Switzerland and provided SAMP with valuable support. Brigitt Leib-undgut stepped down from the Board of Directors at the 2014 Delegates' Assembly and was appointed Honorary President by the Assembly. She remained active on the Board of Trustees of the Swiss Academy of Music and Music Education (SAMP), of which she was President from 2013 to 2019.

As an experienced examiner in vocational training, Brigitt was held in high esteem by everyone. Her curiosity and genuine interest in the development of the students, her calm and thoughtful way of expressing criticism during exams and her generally great goodwill towards the examinees will be fondly remembered.

Brigitt Leibundgut passed away after a long illness shortly before her 86th birthday surrounded by her family.

Annette Dannecker, Paola De Luca - Ladies and gentlemen, dear colleagues,

We wish you all the very best for the new year! The past year has demanded a lot of flexibility from us; we take this with us into the new year and at the same time hope that it will be a little calmer and more predictable and that we will soon be able to practise our profession without hindrance and teach and make music freely again!

It was a bitter setback when our application for funding from the Federal Office of Culture was rejected last spring. We wanted to use these subsidies to promote professionalization and represent our members even more effectively. The application was rejected because the Federal Office of Culture associated the association almost exclusively with music education. It was not recognized that our members as a whole correspond to a large extent to the majority of professional musicians in Switzerland, most of whom earn their living by teaching and also give concerts. The association offers them a professional network and services, it is not an educational institution and does not unite educational institutions.

Although we could not understand this decision, we had to accept it.

This makes membership recruitment and the SMPV's presence in the music education landscape all the more important this year. It is important to us to present the SMPV as an energetic association that continues to develop in terms of content and is a reliable partner.

In the area of further training, the well-attended courses in Alexander Technique for musicians will continue this year, and there will also be a repeat of the "Fully motivated" workshop.

A course will also be devoted to the important and complex topic of pension funds, and finally a workshop on accompanying pop pieces will be organized for classically trained music teachers. You can find further information on the further training courses, not least those of the sections, on our website.

At the end of the year, we launched a completely redesigned website with a new and fresh design that offers many interaction options, gives the sections more design options and, among other things, offers a greatly expanded calendar of events. Visit our new website and see for yourself!

Our teaching platform was also relaunched under the new domain "mein-musikunterricht.ch". The new site has a clearer layout and enhanced functions. Search engine optimization was also improved, for which the Assembly of Delegates in March 2021 had allocated corresponding funds.

The continuation of the "Structures and Communication" working group, which was set up by the 2019 Delegates' Assembly, was confirmed by the last Presidial Conference, but now that the restructuring - which will make the association more flexible and faster - has been completed, it has been renamed the "Communication" working group and will meet again at the beginning of this year. It will deal with important topics such as the focus on "member recruitment", the positioning of the SMPV in the music education landscape as well as services, internal and external communication and trade union orientation.

The "Verom" compensation fund co-founded by our association, the gardeners' compensation fund and the carpenters' compensation fund, which have been united for several years, merged at the beginning of the year to form the new "Forte" compensation fund. This should save resources and further reduce administrative costs for the benefit of insured persons. We wish the new compensation fund every success!

A lot is therefore changing at the SMPV. We will continue to pursue these developments with prudence and perseverance. Likewise, overcoming the Covid crisis will require our full vigilance and flexibility in the new year. We hope that you too will tackle things with courage and determination despite the adverse circumstances and wish you many enriching musical experiences in the new year.

Annette Dannecker, Paola De Luca - Mesdames et Messieurs, chères et chers collègues,

We wish you all the best for the new year! The past year has demanded a great deal of flexibility: we hope that the new year will be a little calmer and more predictable and that we will soon be able to exercise our profession with complete freedom, to teach and to play freely!

Our request for subsidies from the Federal Office of Culture was rejected in the spring of last year. With these subsidies, we wanted to promote professionalization and better represent our members. The request was rejected because the association was almost exclusively associated with music education by the OFSP. It was not noted that the group of our members largely corresponded to the majority of professional musicians in Switzerland, most of whom earn their living as teachers and also give concerts. The association offers them a professional network and services, but it is not a training institution and does not bring together any more training institutions.

We did not understand this decision, but we had to accept it.

This year, the publicity of our members and the presence of the SSPM in the world of music education will be even more important. We would like to present the SSPM as a strong association, whose content is evolving and which is a reliable partner.

In the field of continuing education, the Alexander technique courses for musicians will be continued this year, as well as a repeat of the "Voll motiviert" workshop.

A course will also be dedicated to the important and complex topic of retirement pensions and a workshop for classical music teachers to accompany the pop pieces will be organized soon. You will find more information about the trainings, especially those of the sections, on our website.

At the end of the year, we have launched a completely revamped website with a new design and reduced costs, offering numerous possibilities for interaction, more design options for sections and a very up-to-date calendar of events. Rendez-vous on our new page and judge for yourself!

De même, nous avons relancé notre plateforme de l'enseignement privé sous le nouveau domaine " mein-musikunterricht.ch " (leçonsdemusique.ch). The new site offers a clearer presentation and more detailed functions. In addition, the optimization of the research engines has been improved, to which the Assembly of Delegates of March 2021 allocated resources.

The continuation of the "Structures and Communication" working group, created by the Assembly of Delegates in 2019, was confirmed by the last Presidential Conference, but now that the restructurings have been completed - making the association more flexible and faster - this working group has been renamed "Communication" and will reconvene at the beginning of the year. It deals with important issues such as the priority "Publicity of the members", the positioning of the SSPM in the music education landscape, the services, internal and external communication and syndical orientation.

The "Verom" pension fund, created jointly by our association, the "Caisse de pension des jardiniers" and the "Caisse de pension des menuisiers", which have been united for a few years in a staff union, merged at the beginning of the year to form the new "Forte" pension fund. The aim is to optimize resources for the benefit of the insured and to further reduce administrative costs. We wish the new Compensation Fund every success!

There have therefore been many changes at the SSPM. We will continue to pursue these developments with prudence and precision. And once again, the management of the Covid crisis will require the utmost vigilance and flexibility. Despite the difficult conditions, we hope you will face the challenges with courage and wish you many enriching musical experiences for the new year.

Annette Dannecker, Paola De Luca - Gentili signore ed egregi signori, care colleghe e cari colleghi,

We wish you all the best for the new year! The past year has given us a lot of freedom; we are looking forward to the new year and hope that it will be a little more peaceful and predictable and that we will be able to practice our profession, teach and sing freely!

Our request for subsidies from the Federal Office of Culture was received last spring. With these convictions, we wanted to promote professionalization and better represent our members. The request has been honored because the association has been almost exclusively associated with musical education by the UFSP. It has not been noted that our membership corresponds in large part to the majority of professional musicians in Switzerland, most of whom are happy to sing and perform concerts. L'associazione offers them a rete professionale e servizi, non è un ente di formazione, né riunisce enti di formazione.

Non siamo riusciti a capire questa decisione, ma dobbiamo accettarla.

This year, the publicity of the members and the presence of the SSPM in the panorama of musical education will become even more important. I would like to present the SSPM as a strong association whose content is evolving and which is an affidable partner.

Nell'ambito della formazione continua, anche quest'anno proseguiranno i corsi di tecnica di Alexander per musicisti, così come una replica del workshop "Voll motiviert".

In addition, a course will be dedicated to the important and complex topic of retirement funds and a workshop will be organized for classical music teachers to accompany pop bands. Troverete maggiori informazioni sulla formazione continua, in particolare quella delle sezioni, sul nostro sito.

Alla finale dell'anno, abbiamo lanciato un sito web completamente rinnovato con un design nuovo e fresco, molte possibilità di interazione, più possibilità di design per le sezioni e un calendario di eventi molto ampio. Andate a vedere nostra nuova pagina!

Allo stesso modo, abbiamo rilanciato la nostra piattaforma di formazione privata con il nuovo dominio "mein-musikunterricht.ch" (lezionidimusica.ch). La nuova pagina offre una presentazione più chiara e funzioni più estese. Inoltre, è stata migliorata l'ottimizzazione per i motori di ricerca, alla quale l'Assemblea dei Delegati nel marzo 2021 aveva stanziato risorse.

The "Structures and Communication" work group, created by the 2019 Assembly of Delegates, was convened at the last Conference of Presidents, but the changes - which will make the association more flexible and swift - were made to the "Communication" work group and will take place again at the beginning of the year. They will deal with important topics such as the priority "Publicity of the members", the position of the SSPM in the panorama of musical education, services, international and international communication and the orientation of the Church.

Il fondo pensione "Verom", costituito congiuntamente dalla nostra associazione, il fondo pensione giardinieri e il fondo pensione falegnami, da diversi anni riuniti in un sindacato del personale, sono fusi ad inizio anno per formare il nuovo fondo pensione "Forte". The objective is to preserve the risks to the benefit of the insured and to further reduce administrative costs. Auguriamo ogni successo alla nuova cassa di compensazione!

Quindi ci sono molti cambiamenti nella SSPM. We will continue to pursue these developments with caution and tenacity. In the same way, the management of the Covid crisis requires, once again this year, every vigilance and flexibility. We wish you, despite the difficult circumstances, to face the crisis with courage and we hope you will have many musical experiences in the new year.

Question from an SMPV member: My music school has started offering adult lessons. It has sent notice of termination to all teachers and asked them to sign a new contract in which the teacher is no longer permitted to give private music lessons in the music school's catchment area. Exceptionally, this ban on competition will be lifted if the music teacher notifies the music school of the students concerned and obtains permission.

Question from another SMPV member: A music teacher resigned from a music school and received a letter from the principal stating that her pupils were to remain at the music school. The music teacher had to confirm this with her signature and send the letter back to the head teacher.

Basic principles: During an ongoing employment relationship, the employee is subject to the duty of care and loyalty in application of Art. 321 a CO (Swiss Code of Obligations). In particular, it states that during the term of the employment relationship, the employee may not perform any work for a third party in return for remuneration if he thereby breaches his duty of loyalty, in particular if he competes with the employer. Competition is deemed to exist if equivalent services are offered that satisfy the same customer needs and concern an at least partially overlapping clientele. This applies in full to full-time employees. Part-time employees are often financially dependent on being able to pursue another activity. With the agreement of a part-time workload, the employer and employee therefore tacitly assume that the employee will pursue additional secondary activities, in particular in their traditional field of activity, and that the prohibition of competition is waived. However, this presumption of tacit approval by the employer only applies if there are no conflicts of interest between the various part-time jobs and the duty of loyalty under employment law is thereby upheld. In addition, the parties can expressly agree that competing part-time work is prohibited. Instead of a complete ban on other part-time work, regulations according to which competing other part-time jobs may only be carried out with the prior written consent of the employer are common in practice.

In principle, it is lawful for an employer to conclude contracts only on the condition that teachers do not engage in competing activities, whether privately or with other music schools. Music schools are also at liberty to issue a so-called notice of termination with a change of contract by giving formal and timely notice and requesting that a new contract with such a non-competition clause be concluded. Music schools are also not legally prohibited from introducing a notification and approval requirement for such competing activities instead of a complete ban. The music school's approach is therefore legally correct.

The following must be clarified for employees who receive such an offer from their employer:

-Objectively: Are these competing activities at all?

If only children/young people or only adults are taught at the music school, private lessons or lessons at another school are not in competition if the same groups of pupils are not addressed.

-Locally: Is the competing activity of a teacher even in the catchment area of the music school?

The teacher only competes with the music school if the same groups of pupils are addressed, i.e. the pupils taught by the teacher would have come to the music school without the teacher's activity. Therefore, the catchment area of the music school must be specifically limited in such regulations and a private activity must be carried out slightly outside of it.

-Content: Is the specific instrument or subject taught by the music teacher at the music school?

If a music teacher teaches other instruments or subjects privately than those offered at the music school, they are not competing with the school and can teach without further ado.

In any case, disregarding the contractual duty of loyalty, in particular the non-competition clause, is dangerous, as this has repeatedly led to dismissals without notice in court practice.

Basic principles: The statutory non-competition clause of Art. 321 a. CO ends with the termination of the employment relationship. This means that an employee can in principle take up new employment privately or with an employer in competition with the previous employer immediately after termination of the employment contract. It is irrelevant that the departing employee may take with him or her essential knowledge from his or her previous employment and now use it in the service of the new employer or for his or her own private gain.

This situation can only be prevented by the employer and employee agreeing a non-competition clause for the period after termination of the employment relationship (Art. 340 et seq. CO). However, such a non-competition clause is only binding within narrow limits. In particular, the employee must have been granted access to the clientele or to manufacturing and business secrets during the employment relationship and the use of this knowledge must be capable of causing significant damage to the employer. In addition, a post-contractual non-competition clause must be agreed in writing, otherwise it is invalid. Verbal agreements or agreements by email are not sufficient. Furthermore, the non-competition clause must be reasonably limited in terms of place, time and subject matter and may only exceed three years in very special circumstances. Excessive non-competition clauses cannot be enforced in court, but will be restricted or revoked accordingly by the judge. The following therefore applies to music teachers:

- A post-contractual non-competition clause does not apply automatically.

- After termination of the employment relationship, the music teacher is free to decide whether he/she wishes to work at other music schools and/or as a private teacher.

- There is no obligation to conclude a non-competition clause.

- A non-competition clause is only valid in writing, i.e. signed by hand or with a certified signature.

- A non-competition clause must be clearly and strictly limited in terms of location, valid for less than 3 years and limited only to the activity carried out at the music school.

Even if all these requirements are met when agreeing a non-competition clause, the employee has a good chance that a post-contractual non-competition clause will be deemed invalid by a court. This is for the following reasons:

The non-competition clause is only binding if the employment relationship gives the employee insight into the clientele or into manufacturing and business secrets and the use of this knowledge could significantly harm the employer (Art. 340 para. 2 CO). According to established doctrine and case law, there is no room for a non-competition clause if the relationship with customers is primarily based on the employee's special skills, on his personal skills and if the relationship between him and the customers is primarily of a personal nature. In this case, the customers do not follow the employee because of the knowledge acquired from the employer, but because of the employee's special personal qualities and ability. In this case, the employee does not use skills acquired from the employer post-contractually, but rather his personal character traits, the utilization of which cannot be prohibited by a non-competition clause. This has been affirmed in court practice, for example, for gymnastics and dance teachers, a ladies' hairdresser, a riding instructor and, in the canton of Geneva, for a piano teacher. In all these professions, the performance and success of the employee does not depend primarily on the knowledge and services offered by the employer, but on personal characteristics. These alone are decisive for the possible change of clientele, and the more creatively and freely the employee can act, the more likely this is to be assumed (judgment of the Zurich High Court of 4.3.2008, BGE 130III353 ff. and BGE 138III67 ff.). There is therefore a good chance that even a post-contractual non-competition clause that appears to be valid would not be protected by a court on this basis and that the employee can work freely or in competition with the former employer after termination of the employment contract.

The non-competition clause lapses if the employee can prove one of the following facts:

- If the employer has no significant interest in maintaining it (it ceases operations or no longer offers the relevant subject).

- If the employer terminates the employment relationship without the employee having given him reasonable cause to do so.

- If the employee terminates the employment relationship for a justified reason for which the employer is responsible.

It is important to always clarify the validity of a non-competition clause, especially as there can be serious consequences if a valid non-competition clause is breached: On the one hand, the employer can demand the cessation of the competing activity, on the other hand compensation for damages (e.g. loss of profits) and, if agreed, contractual penalties.

The music teacher does not have to sign such a letter from the head teacher. Without this signature, no post-contractual non-competition clause applies (unless such a clause has already been concluded in the employment contract or otherwise). The music teacher can therefore take over the pupils they have brought to the music school after the end of the employment relationship if they wish. However, even if a written non-competition clause had been agreed beforehand or in response to this letter, the music teacher would have a good chance of it being declared invalid by a court for the reasons mentioned above. It is therefore worth clarifying the situation precisely in these cases and not allowing yourself to be restricted in the organization of your post-contractual professional life. It is important that the music teacher informs the head teacher that a post-contractual non-competition clause for music teachers is unlikely to be legally enforceable. There is no supreme court ruling on this, only cantonal rulings exist. This means that ultimately a certain residual risk cannot be ruled out before a federal court ruling is available. However, it is worth defending yourself, both against the signature and against the enforcement of such a non-competition clause.

Lucas Bennett - With "Stories for Ruth", Urs Frauchiger, who celebrated his 85th birthday on September 17, presents nine profound and deeply personal essays.

Three of the texts explicitly focus on musical themes, although music is also widely present in the other texts. At the beginning there is an essay on Mozart's "Magic Flute" and the difficulties of interpreting it, especially with regard to the relationship between libretto and music - which is not sparing in its criticism of so-called director's theater. Frauchiger contrasts the trivialization of the material that was sometimes experienced later with his first performance as a child. This combination of biography and later reflection is characteristic of the entire book, which can therefore also (but not only) be understood as an inner biography in snapshots.

The portrait of the legendary cellist Pablo Casals (1876-1973) is magnificent. Looking back on his encounters with Casals, Frauchiger succeeds here in making the special quality of this towering figure, which can only be experienced by those born later through recordings, imaginable and tangible - even for non-cellists.

The following chapter, dedicated to the Portuguese cellist Guilhermina Suggia (1885-1950), is no less fascinating. Frauchiger meticulously traces the life of the artist, who is little known today, and the scarce recordings available. Not only is the biography of Casal, with whom she was closely associated, given a valuable addition, but the better-known "master story" is accompanied by a lesser-known narrative: That, too, is history.

The references to the life and work of the writer and journalist Joseph Victor Widmann (1842-1911) are also a (re)discovery. His quotes and positions are finely woven into the text and paint a picture of an important thinker and man of letters who was often underestimated by his contemporaries (and posterity).

There is much more that could be mentioned, but two particularly impressive moments should be mentioned here: a walk to the Bern Rose Garden, which is closed due to the coronavirus, which nevertheless opens up diverse and deep insights, and a fabulously described extended hike by the author with his son through Tuscany, which opens up to the reader as a historical and cultural landscape at the same time.

The different levels of the essays - biographical, artistic, literary - merge seamlessly, are mutually dependent and thus refuse a one-dimensional, linear reading. However, the author invites us to an interpretation by putting the concepts of "meaning" and the image of the "red thread" up for discussion. We would say that meaning appears everywhere in this book: as a context of the intellectual and artistic influences that have shaped a life. Countless red threads can be discovered and followed. An immensely enriching and moving journey.

"Stories for Ruth" will be published on November 2.

Urs Frauchiger: Stories for Ruth. Essays. Zytglogge, 140 pages.