Q: Dear Sir, I'm Satheesh from Abu Dhabi. For the past 3 years, I was working for a free zone company in Dubai. Our company have clients from both Dubai and Abu Dhabi and doing medical billing services for hospitals and medical centres. I was working with one of the company's clients which is a government hospital in Abu Dhabi (please note - govt is removing our company by Sept.). My concern is that the hospital is interested to recruit me as their employee. But I already signed a limited contract with my company which has "Non-competition non-solicitation agreement". My contract states that I cannot join their clients or competitors for 24 months after my visa expiry or end of service. If I violate this law they will take legal actions and they can ask for compensation (Law no. 8 of 1980 for UAE and Law no. 5 of 1985 for Dubai). My visa is expiring by Aug 25th, so I'd like to join there. Can I join this Abu Dhabi government hospital or not? If I join, is there any legal issue I have to face from my company?

Q: I have signed a labour contract with the non-competing clause for 12 months. I would like to know, how this can be enforced if I join another company whose activities are not exactly the same but are similar. I'm working for a manufacturing company and would like to join the trading company, which is my former employer. My current employer is not comfortable with me going back to my former employer and is asking me to refrain from this based on the clause in my contract. Kumar

Q: Hello, I would like to know if a non-competition clause also applies when starting a similar business in a niche industry. My non-competition clause is very vague and does not specify the area, industry and it's for 2 years. Does this hold up? And if it doesn't, could they file a civil case? Thank you!

Q: Dear Nadine, I have recently resigned from my company based in Dubai due to non-payment of my salary for the last three months (Apr/May & Jun 2019). I resigned on 11th June 2019 and served my notice period till 30th June 2019. My company requested to serve 30 days’ notice period which I refused to serve DUE to non-payment of salary. Finally, I requested them to cancel my visa which is under process and soon it will get cancelled hopefully by this weekend. I have also requested them to pay my dues/others which include: 1) Salary for three months 2) 6 years gratuity 3) ALL of 10 days As per my employment contract, an employee may not take up any employment directly or indirectly through a subcontractor with the client of the existing employer for a period of one year after the last day of the service period. Under the above scenario, can I join my ex-employer – client directly or indirectly through a subcontractor? Please advise. Regards, S. H.

Q: Non-competency agreement. Is this applicable to nurses who basically practice general nursing care in a medical facility?

Q: Dear Madam I am under a limited employment visa. In my appointment letter, my employer mentioned: "Special term - that you agree not to take any employment with any other company based in the UAE during the contract period and that you will understand not to seek any employment in the UAE for a period of 2 years from the date of termination, resignation or completion of your service without the prior approval of the company." The situation at that time is I signed this letter and when I asked for a copy he said copies are not given to employees. Now please tell me that if I resigned, am I really not allowed to work with other companies for two years in the UAE? And what if I don't want to serve 3 months notice period. He also took my original educational certificates and my passport. How can I get them?

Q: I have an offer from our old client whose contract ended 5 years ago to join; can I join them? In my labor contract, it's stated that I cannot join the company's client till 2 years post resignation or termination. Kindly advise

Q: I have a small company of 4 people. One of my oldest staff who has worked for 11 years is leaving. He handles 80% of my clients and work. Without proof, I know he is going to open his firm. I don't want to harm him but I want to secure my clients. Is it legally okay for me to make him sign a contract that he cannot approach my clients in the near future? If yes, then what will be the procedure? Do I have to go to the notary to make this contract valid?

The UAE has adopted a major reform in its legislative system that brought about 40 new laws and amendments to the company law, criminal law, personal status, among others. The amendments aim to develop the legislative structure in various sectors, the labor law being one of these, was the most recent. We try in this article to shed light on the changes introduced with the new labor law and their significance on both, the employer and employee.

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.

The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.

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).