Can I leave my job during probation to take an offer in the same industry if I have a non-compete clause?

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Can you please state where can I find this statement?

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This is in accordance with Article 12 (5) of Cabinet Resolution No (1) of 2022 on the implementation of Federal Decree Law No (33) of 2021, regarding the regulation of labor relations.

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Hello Mr. Nassir, please excuse me if I am reading it wrong, but Article 12 of the Federal Decree law No. (33) of 2021 states otherwise that the non-competition law applies during the probation period.

However, I saw articles 09 and 10 of the same federal decree on matters regarding probation and non-competition.

Neither of these means that the non-competition clause is invalid during probation. Please enlighten me regarding the matter.

With all due respect, we ensure the answers we provide are 100% accurate and in accordance with the laws. You have accessed the federal decree itself when the provision I provided is based on the cabinet resolution No (1) of 2022 on the *implementation* of the Federal decree linked above. if you access the link, you will discover that article 12 (5) (c) explicitly states that an employee would be exempt from the non-compete clause if the contract is terminated during the probationary period or before it had elapsed.

AS

Good day Sir! I find your references very insightful. Apologies if I checkes the wrong document. Reading further, Article 12 clause 5 states that:

5. The worker shall be exempted from the non-competition clause stipulated

in Article (10) of the Decree-Law under the following conditions:

a. If the worker or the new employer pays to the previous employer,

compensation not exceeding three months of the worker’s wage as agreed

upon in the last contract, subject to the previous employer’s written consent

thereto.

b. If the contract is terminated during the probationary period.

c. Any professional categories that are in demand in the national labour

market and determined by resolution of the Minister in accordance with the

workers’ classification approved by the Cabinet.

Question 1: should these 3 conditions exist in order for the Article 12 to be enforced?

Question 2: sub-section A states that: "The worker shall be exempted from the non-competition clause stipulated

in Article (10) of the Decree-Law under the following conditions:

"a. If the worker or the new employer pays to the previous employer,

compensation not exceeding three months of the worker’s wage as agreed

upon in the last contract, subject to the previous employer’s written consent

thereto." Does the "worker's pay as agreed upon" mean only the basic pay?

And question 3: Sub-section C states that: "c. Any professional categories that are in demand in the national labour

market and determined by resolution of the Minister in accordance with the

workers’ classification approved by the Cabinet". I am in the aviation sector working as a flight dispatcher, does this count?