الآثار القانونية المترتبة على اتفاقية عدم المنافسة

Dear Sir/ Madam,

Thank you for reaching out to me on this.

Please note that even though this agreement does not find a place in your labour contract, it is still binding between the parties and you are bound by it.

However, the enforceability of such agreements is a question for the court to decide.

Looking into the past judgements, it appears that this Agreement will not be enforced since the non compete clause is very widely drafted i.e. your employment is not restricted to your designation, industry and geography.

The term of 12 months and the whole of the UAE is construed as being wide and will not be upheld by the court.

Further, the company needs to file a civil case against you enforcing this agreement and will have to prove that by joining the competitor, you have caused loss to them and shared certain crucial information with the competitor.

Such evidence is unlikely to be proved in the court of law.

I trust this will resolve your query.

Regards,

Hari Wadhwana

052-9495731