Q: Hi, I'm Sanu from Abu Dhabi, my job is medical coding. I need a clarification regarding joining the client of my employer. I have completed 3 years with my current employer (Billing Services DMCC, Dubai). My 3-year contract was expired and cancelled. Now one of my previous employer clients (a government hospital) is approaching me to join with them. I have already signed a non-competition agreement which has a clause - I cannot join my employer own client for 2 years. Please note, currently, the contract between my previous employer and this government hospital has been cancelled. Please advise is there any exception that I can join with own client as it is government sector? Is there a chance my previous employer can make a case against me? If they raise a case then how to survive?

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: Dear Sir, I need urgent legal help. I worked for a company for past 7 years in RAK. At the time of leaving the company, they did not provide me with my experience letter. When I exited to India, my new employer did not give me a new visa because I could not give experience letter. For 30 days, I was jobless in India. Then in a job portal, I found a job in another company in Sharjah, but it was a competitor to my previous company. I had no option, so I joined them to support my family. After 3 months of joining, my previous employer came to know, and now is threatening to file a case against me. I need to know the following: - What will be the consequences of the case? - Will be there any chance to win and continue to work for my new employer? - How much will it cost me financially so that I can plan accordingly? - And last, I would like to know the timeline required to have this case resolved. Shall wait for your response urgently. Ashley

Q: I have a non-competition agreement signed with my previous company. Based on that, I cannot work in the same field or anything related. I was an office assistant but I was given a title as sales so the agreement can be effective on me. I want to know, will that agreement get me into trouble if I work with a competitor?

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: Employment non-competition evaluation. Employment contract section 11.

Q: Good morning! I have an offer letter (from my previous company) and a labour contract (MOHRE) which has different content. In the offer letter which was previously signed, we have a non-competition clause. In the contract from MOHRE which was signed after two weeks, it is not stated that we are not allowed to transfer to a competitor. Should the offer letter be void as per Chapter 1, Article 7 of UAE Labor Law? The letter is written purely in English, does this have an effect to consider it void? Only the contract from MOHRE has the Arabic language. Article 2 Arabic shall be the language to be used in all records, contracts, files, data, etc. provided for in this Law or in any orders or regulations issued in implementation thereof. Arabic shall also be used in instructions and circulars issued to employees by their employer. Where the employer besides Arabic uses a foreign language, the Arabic version shall prevail. Thank you very much. Hope to hear from you soon.

Q: Does the non-competition clause apply to expatriate specialist doctors (surgeon) working in a private hospital?

Q: I was working before with an outsourcing company that provides services in the government sector. I finished my visa with them and did not renew; I resigned. The government sector asked me to join for employment. When I joined them, the contract between them was already finished. Now, my previous company is accusing me that they lost the client because I joined. What will I do?

Q: Can an ex-employer take any legal action against you for joining a competitor? The work geographies are different in both organizations.

Q: If an employee joins a competitor and has a non-competition clause, what are my rights?

Q: Hi I have a question regarding my UAE employment contract. I have a non-compete clause with my current employer and have received an offer/contract from a new employer in the same industry. Please, can you kindly advise if this is at all enforceable? I feel the period is too long and the scope of work is too misguiding to be enforceable by any court system. "1) the employee shall not during the term of the contract for a period of 2 years after termination for any reason, be an owner, partner, or employee of any business/employment within the UAE, in the aviation/flight support services industry which may compete with the business of the employer or any of its subsidiaries, regardless of the grounds for termination. 2) The employee shall not compete/assist anyone to compete with the employer for 2 years in any way that harms the employer's business. 3) liable in case the employer interests suffered any materiality or moral damages as a result of this breach, and the employer is entitled to claim compensation which he deems fit."

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 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).