Questions & Answers
Questions & Answers
10 available 10 • View allApplicability of the non-competition clause after leaving job
1
Q: Dear Madam,
I was previously working as a manager in a company providing auditing & accounting services.
I had a non-compete clause inserted into my labour contract. Currently, I have joined a company with a similar practice at a lower salary and designation as I was not able to get a better opportunity.
I have informed my previous company regarding the same and they want an email from me stating that I won't indulge in direct competition. Will sending out such a letter have any implication in future?

Apr 1, 2019
588
The significance of non-competition clause in employment contracts
3
Q: Employment non-competition evaluation.
Employment contract section 11.

Apr 23, 2018
500
Working with a competitor after signing a non-competition agreement
2
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?

Oct 11, 2017
4589
Can an ex-employer take any legal action against an employee for joining a competitor?
4
Q: Can an ex-employer take any legal action against you for joining a competitor?
The work geographies are different in both organizations.

Nov 11, 2020
1329
Suing an employee for destroying company's mobile data before resignation
3
Q: Hi friends,
Good day!
One of our employees has given resignation. Soon after he resigned, we asked him to return the company assets given to him, however, while returning the mobile, he deleted all information and chat history.
He also did factory settings on the mobile. Before the factory setting, he backed up all data on his personal phone.
Please advise what remedy the company has against the employee for destroying company data & stealing customer information from the company mobile.
Please advise!

Mar 25, 2021
1300
Validity of the non-competition clause in employment contracts
1
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?

May 30, 2021
296
Terminating an employee's contract due to establishing a competing company
1
Q: Dear sir/madam,
We have an employee who has set up a conflicting company where his wife is a partner. We have seen that our sales have dropped in the last few months drastically.
I want to understand if we can terminate this employee considering he has cheated the organization and also are we required to pay him his end of service and pending salary?

Jun 15, 2022
202
I resigned to join another company. Can the employer deduct 12 months from my EOSB?
0
Q: My previous employer sent me a legal notice asking me to lay 12 months' salary = AED 120,000 after resigning to join another company.
They threatened me with a non-competition clause that I signed for them before I joined.
You can find a copy in the below link:
[----]
Kindly help, I need advice on what I can do.

Jul 5, 2022
168
Can the employer ban you from working for 2 years after the contract termination or expiry?

0
Q: Hi
My employer has sent me the new limited contract and asked me to sign and submit it as it's a new requirement of the MOL UAE.
I found Article 4 (additional terms) which is banning me for 2 years after the termination or expiry of the contract. Shall it be right or I can ask them to remove it?
If they do not agree, what shall I do as the unlimited contract is no more valid in the next few months?
Please advise.
Thanks


Dec 8, 2022
228
What can the employer do if an employee with a non-competition clause joins a competitor?

2
Q: If an employee joins a competitor and has a non-competition clause, what are my rights?


Nov 28, 2022
215
Legal blog
1 available 1 • View allAn Overview of the New UAE Labor Law and Recent Amendments of 2024 233
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.
Sep 10, 2024
90973
Laws & Regulations
2 available 2 • View allFederal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
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.
Apr 20, 1980
103653
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
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).
Sep 20, 2021
26567

Premium
Other answers by
240 240 answers •
View allHow to change the lease contract for an entity that changed from sole establishment to LLC? 0
Good morning.
Kindly help me out with the below query:
If a sole establishment is converted into an LLC, what would happen to the existing Lease Agreement with the Sole Establishment as the tenant?
Thank you.
Aug 23, 2024
126
Bank filed a civil case over a loan: Better to settle with the bank or in court? 0
Good day, Sir,
I have received a message from the Dubai Court stating that a bank has filed a civil case against me. The loan has been pending since February 2019.
I cleared the cheque bounce case earlier with a court fine in 2019. I am looking forward to a minimum settlement plan with the bank. The outstanding amount was around 70,000 AED, and now the message is for 115,000 AED.
What will be the best way for me to proceed: approaching the bank or dealing with it in court?
Best regards,
Jul 7, 2024
537
Is it legal for my employer to withhold my salary until I leave the country or change status? 0
Hello,
I have given my notice, and my last day is July 24, but the employer is refusing to pay my salary; even the salary for June. Is this even legal?
He claims I'll get everything at once, which is after leaving the country or changing status.
Jul 2, 2024
554
Demanding that an employee pay for visa charges a year after resigning 0
Dear Lawyers,
I worked at a bakeshop here in Dubai. I resigned exactly one year ago. Now they want me to pay for visa charges, as stated in the offer letter.
If I cannot pay for the charges, my employer will claim financial loss due to the damages, estimated to be at least 7,000 AED.
What should I do about this? My monthly salary is only 2,800 AED.
Jul 1, 2024
129
Is an employee eligible for maternity leave in the first three months of pregnancy? 0
Dear Lawyers,
Is an employee eligible for maternity leave in the first three months of pregnancy?
If an employee takes sick leave in the first three months of pregnancy, can it be considered normal sick leave or maternity leave?
Jul 1, 2024
183

Other answers by
109 109 answers •
View allCancellation of SPA for delay in delivery and defaulting on payments 0
Hi
I bought an off-plan property from a developer in downtown during the peak time. My payment plan was based on construction with completion being Dec 2019. I have paid more than 50%.
I requested the developer to readjust my payment plan as the project is delayed. They moved on payment forward and sneakingly changed completion date to Aug 2021 in the document. The SPA still says Dec 2019.
Now I'm struggling to pay the next payment due to COVID-19 and project is completed 56% as par Dubai land department and 60% as per the developer. The developer is asking for payment and calling me every day.
My question is can I still use the delay in the project as a clause to cancel my unit?
Can I cancel my apartment and how much can the developer deduct?
After selling me, the developer started offering customers post-handover payment plans for 4 years, which is very unfair as even if I complete my payment, no one will buy from me as the developer is selling something with 4 years post-handover.
Can legal help be provided in this regard?
Jun 7, 2020
895
Easy way to know whether a job offer is real or scam 0
I am a health professional in Canada.
Years back, I posted my CV to work in the middle east on a job site in the gulf. Last week, I got 3 emails claiming from a general hospital in Abu Dhabi, a hospital Dubai and another medicare hospital in Dubai for online recruitment.
they showed interest in my CV. All emails were from free accounts (gmail.com address). I chose then to forward an email to the concerned HR department of the concerned hospitals.
I forwarded one email to the official email of one of the hospitals (as given on the hospital site). They replied and said, yes, the email is legitimate and you can apply with confidence.
Now I got an offer letter from Dubai hospital with handsome salary offer but from a Gmail address. They're asking me to start position in one month only and asking to contact a travel agency based in Dubai.
Is it a scam or true? I have forwarded the email to the HR department of the hospital to determine authenticity.
Jun 7, 2020
14645
Employee rights in case of changing an unlimited contract to a limited contract 0
Hi,
What is the law if an employer wants to change a contract from an unlimited to a limited contract?
Is the employer liable to pay the 3 months arbitrary dismissal (if valid) + other monies owed prior to changing the current unlimited contract to a limited contract?
Jun 7, 2020
4887
Terminating the SPA and claiming refund for changing specifications 0
Can a developer change the layout of the building as shown at the launch event and part of all brochures/online advertisements/model under the pretext that the same is not included in the SPA?
For the launch, we got convinced with the building design and layout but at delivery, it’s changed without prior intimation.
Can I make a legal case or can they take the guise that it’s not part of the SPA?
Can I get a refund for the 30% advance payment and refuse possession of the unit?
Jun 8, 2020
718
Inability to continue paying the installments of a property because of COVID-19 0
Hi sir,
I live in the UK. I am an investor and a broker for a property development company. One of my customers bought an off-plan property from it i.e just Cavalli Villa 2 years ago. 33% was completed and handover is due in 2021.
My client paid part of the deposit around AED 390000 (£80000) and she has been paying to the project for the last two years until early this year when COVID- 19 hit the UK. Since then, she has been ill and lost her job and, therefore, she is unable to pay.
My customer received a letter from the company saying that if the outstanding amount is not paid within 30 days, then they will take her to court. They say that they would cancel her plot and she will lose all MONEY paid so far.
My client needs payment delay until her situation improves but this request has been declined. The money secured under the ESCROW account. Can the developer have the power to take money from the escrow account?
What is her right under Dubai law? Can she do anything to avoid court order? The UK is in lockdown at the moment with no proper or normal banking functions.
Thank you!
Jun 9, 2020
1526
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