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Hiring an employee on a temporary trial basis and drafting the contractual documents

Hello, I am looking to hire a candidate on a temporary trial basis. Even though DED (where my Trade License is registered) allows this facility, it is not available for employees to have a residency visa on an FZ License.

I am looking for a solution because I would like to have a contract with this candidate that includes an NDA and a Non-Compete that is valid by Dubai courts or by DIFC and is enforceable if this candidate misuses sensitive company data during or after his employment term.

Please advise a solution!

MIO Law Firm (Abu Baker Salem Advocates & Legal Consultants)
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7 Jul 2020, 10:52

Hello,

As you are hiring for a free zone, though, in some free zone the labor law is still applicable.

We can draft you the contract which will be applicable law as per your trade license. Though specific provisions are not there in labor law, only as per Art 127 of the UAE Labour Law, some provisions are there.

However, both DIFC and federal courts accept non-compete and NDA clauses or agreements.

Please contact us via phone or email for further information.

12 Jul 2020, 15:52

Dear Sir,

We do not want to hire this person in a full-time position, but only in a temporary position.

For this, I am asking what kind of a labour contract will be valid so that we can include NDA and Non-Compete?

13 Jul 2020, 05:42

If it is in a free zone, sometimes they have provisions for temporary hiring.

If it is in the mainland, then you have to ask any Tasheel centre (if you want to provide work permit).

In the normal MOHRE contract, there is no NDA clause. But you can draft a separate contract.

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