أسئلة وأجوبة
Non-compete clause in offer letter, absent in contract. Is it applicable?
Hi.
I have recently joined an organisation in the UAE. They have shared with me an offer letter on their company letterhead which prohibits me from joining the competitors for six months after leaving.
Later, they shared the MOHRE Job Offer Letter which does not have a non-compete clause. Both the letters I had signed.
I was told they would share the labour contract but they didn't; instead, they copied my signature from the Job Offer Letter to the Labour Contract without my knowledge.
The labour contract also does not have a non-compete clause.
Now I need to know whether the clause applies to me or not if I join another organisation.
Dear Questioner,
According to UAE labor law, non-competition clauses are only valid if they are included in the labor contract and signed by both parties.
In your case, since the labor contract does not have a non-competition clause and you did not sign it, the clause does not apply to you.
However, it is important to note that if the offer letter and labor contract have different terms, the terms in the labor contract will prevail.
Therefore, it is important to clarify this issue with your employer and ensure that the labor contract accurately reflects the terms and conditions of your employment.
Good Afternoon,
Thank you for reaching out!
Non-competition clauses are not enforceable unless they are included in the labor contract.
Dear Questioner,
Normally, this non-compete clause will apply to the employees working in the UAE under the prevailing labor law.
So it will apply to your case as well. But the same will be according to the conditions mentioned in the article.
We will discuss more about the possibilities in a legal consultation session for a charge.
Share your WhatsApp number if you want to go with the services.
Dear Questioner,
As per laws, the non-compete clause is made for 2 years, however, in your case, the non-compete will be applicable for 6 months.
Now a non-compete clause intends to refrain the employee from competing with his previous employer by joining a company that is a competitor to the previous employer.
This is intended to protect the company's interests and avoid economic damage to the employer.
It does not prevent you from joining another company; instead restricts you from joining a competitor who uses similar businesses and the same market.
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
In the UAE, the labor contract registered with the Ministry of Human Resources and Emiratisation (MOHRE) prevails over any other agreements or offer letters.
Since the labor contract does not contain a non-competition clause, you are not bound by it.
For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.
We will be happy to help you.
Thanks & Regards,
ABDUL WAHIED
