Questions & Answers
Forcing employees to sign a non-competition agreement upon resignation
Hi,
I have been working in a free zone company for almost four years now. For the last six months, my salary was very irregular and I am receiving it around 25th of the next month. My issue is that I have decided to resign and move to another company.
However, I heard that my company is now asking all the employees who are resigning to sign a non-competition document. This document states that we shall not work with any competitor for three years, even though this clause is not mentioned in my employment contract.
Since I am working in a technical company and with my experience, I will only be able to find another job with a company which will be in one way or another a competitor.
Is this legal? Can the company force me to sign the non-competition document?
What will I do if they refuse to give my salary, end of service benefits and experience letter when I resign?
Dear Sir,
I hope you are doing fine.
Further to your query, please be informed that since the non-competition is legal in the UAE, the employer can rightfully restrict you from working with any competing company.
But accepting this solely depends on you, that is, you may not sign this document and nobody can force you for signing. If you sign this document, then it will be binding.
In case you refuse to sign, you will still be entitled to claim your complete salary and end of service benefit by submitting your complaint to the labour court.
Should you have any further question and/or concern, please feel free to contact us at info@awsuwaidi-advocates.com or you may call us at 045547635.
Regards,
Aws M. Younis
