أسئلة وأجوبة
أسئلة وأجوبة
5 متاح 5 • عرض الجميعAn arbitrary non-compete clause in a labor contract. What to do?

2
Q: Dear Sir/Madam,
I have two questions; one is about the non-compete clause term and another is about predetermined compensation.
1) My contract includes a non-compete clause stating that an employee cannot "in any capacity be engaged, interested or employed in a competitor's business in the UAE during 12 months after termination of the contract."
I don't work in sales. I am working at a managerial level, I won't take clients or secrets with me when I leave. Is it valid when I join a competitor in a similar position?
Can changing the job title/department avoid this clause?
2) My contract states that if an employee breaches any provisions of the clause, "the employee agrees to pay the damages equivalent to the employee's monthly salary for each month for the entire period."
Does the company need to prove that I caused the damages to the company to file a case?
Can they file a case as long as I join any competitor?
Do I need to prove I didn't cause any damage to the company?
Thanks in advance for your help!


2023/03/22
199
بنود عدم المنافسة في عقد العمل
3
س: سيدي العزيز،
أنا (س) من أبو ظبي. كنت أعمل في شركة منطقة حرة لمدة الثلاث سنوات الماضية في دبي. لدى شركتنا عملاء في كلٍ من أبو ظبي ودبي، وتقوم بتقديم خدمات الفوترة الطبية للمستشفيات والمراكز الطبية.
كنت أعمل مع أحد عملاء الشركة وهي مستشفى حكومية في أبو ظبي (برجاء ملاحظة أن الحكومة قامت بإزالة شركتنا في سبتمبر).
إنني قلق، وذلك لأن الشركة مهتمة بي لأن أعمل موظف لديهم. ولكن قد قمت بالفعل بتوقيع عقد محدد المدة مع شركتي، والذي يتضمن "اتفاقية عدم منافسة وعدم السعي للعمل عند العملاء أو المنافسين".
ينص عقدي على أنه لا يمكنني الالتحاق بالعمل عند عملاء الشركة أو منافسيها لمدة 24 شهرًا بعد انتهاء تأشيرتي أو إنهاء خدمتي. إذا قمت بخرق هذا القانون، فسيتخذون إجراءات قانونية ضدي وسيطالبونني بالتعويض (قانون رقم 8 لسنة 1980 الإماراتي، وقانون رقم 5 لسنة 1985 لدبي).
تنتهي تأشيرتي في 25 أغسطس، وأود الالتحاق بالعمل هناك.
هل يمكنني الالتحاق للعمل بمستشفى أبو ظبي الحكومي أم لا؟ هل سأواجه أي مشاكل قانونية من قبل شركتي؟

2017/07/30
10718
إمكانية الانضمام لأحد المنافسين في حالة وجود بند عدم المنافسة
2
س: مرحبًا،
إنني أعمل لدى إحدى الشركات في مدينة دبي للإعلام بصفتي مطور ويتضمن عقد العمل الخاص بي بند عدم المنافسة. أرغب في الانضمام للعمل لدى منافس متواجد أيضًا في إمارة دبي ولكن بسبب شرط عدم المنافسة هذا، لا يمكنني ذلك.
هل هناك أي طريقة لترك الشركة الحالية والانضمام للعمل لدى المنافس؟

2021/05/09
722
Is an NOC required when joining a new employer, as per the offer letter?


2
Q: Dear Sir/Madam,
I have signed an offer letter which contains the following: "The employee is not allowed to work with the company's client or direct competitor on the end of the employment without prior permission of the company".
But my labour contract with MOHRE doesn't contain any such provision. Labour contract only contains the following provision:
The Second Party shall be committed not to work in the same competing business of the First Party in UAE for the period of Two Years if the employee has terminated the employment contract or if their employment contract had expired without prejudice to the First Party’s legal or contractual obligations.
So if I want to join a client after cancelling my existing job & labour contract, is the provision for getting the "prior permission to join the client" mentioned in the offer letter still valid?
Does the offer letter have any validity after my resignation & cancellation of the existing labour contract?
Do I have to obtain an NOC?



2024/01/29
279
Does a non-compete agreement outside the MOHRE contract still apply?




1
Q: Dear Sir/Madam,
What is the case scenario for those employees who sign a non-compete agreement in a different document?
It is not mentioned in my labor contract from MOHRE.
Does it still apply?





2024/06/04
275
المدونة القانونية
1 متاح 1 • عرض الجميعنظرة عامة على قانون العمل الجديد في الإمارات وآخر التعديلات لعام 2024 235
أقرت دولة الإمارات إصلاحات تشريعية كبيرة أسفرت عن إدخال 40 قانونًا وتعديلًا جديدًا على قانون الشركات والقانون الجنائي وقانون الأحوال الشخصية وغيرها. تهدف هذه التعديلات إلى تطوير الهيكل التشريعي في مختلف القطاعات، وكان أحدثها قانون العمل. نحاول في هذا المقال إلقاء الضوء على التعديلات التي أُدخلت على قانون العمل الجديد وتأثيرها على كلٍ من صاحب العمل والعامل.
2024/09/10
94274
قوانين وتشريعات
3 متاح 3 • عرض الجميعFederal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.
1980/04/20
103859
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations 8
This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.
2015/09/27
12484
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).
2021/09/20
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احصل على عروض أسعار من محامين
ابحث عن المحامي المناسب لاحتياجاتك القانونية.
أرسل طلبك واحصل على عدة
عروض تنافسية من
محامين مؤهلين.
أسئلة شائعة
عرض الجميع هل تبحث عن شيء آخر؟
اطلب استشارة من محامٍ