Q: I have an employment contract with a clause: non compete for 2 years in case of resignation… A: No one can be forced to sign. You can sign or refuse to sign, but in the event of refusal to sign, the dispute will end in court, and it may take a long time for the residence termination procedure…

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Forcing an employee to sign an undertaking letter of non compete

Hi,

I have an employment contract with a clause: non compete for 2 years in case of resignation.

But, this clause was not mentioned in my offer letter when they hired me. My question is: do I have to sign now an undertaking letter of non compete clause while leaving the company by resigning because HR is forcing me to sign the undertaking letter now?

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Khaled Ebid

Laila Hamza Al Mulla Advocates and Legal Consultants

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7 Oct 2020, 07:53

Dear sir,

Greetings,

The non-compete clause depends on the nature of your job. Please provide us with more details regarding your job, then we shall advise you.

For more inquiries, please email us.

7 Oct 2020, 14:46

Thank you for the response!

I am working as a sales manager.

8 Oct 2020, 05:32

No one can be forced to sign, but you can accept or reject the signature, with the result accepted.

21 Oct 2020, 05:56

Dear sir,

I understand your statement above as: “not to sign any undertaking letter at the time of leaving”.

But, if you can clarify your “with result accepted”?

Also, let me know: do you have an office in Dubai or an online service?

Thank you!

21 Oct 2020, 06:40

Hello,

You can sign or refuse to sign, but in the event of refusal to sign, the dispute will end in court, and it may take a long time for the residence termination procedure.

If you have time for that, you can refuse, or accept the signature to finish your procedures easily, we have an office in Abu Dhabi and Sharjah, but we have Many cases in Dubai.

For more inquiries, please email us.

21 Oct 2020, 07:16

Thank you for the clarification!

One final clarification, after refusing to sign and residency termination, will I be eligible to join a competitor?

21 Oct 2020, 09:12

This depends on the nature of the profession and the contract, and for more, you have to purchase the service.

21 Oct 2020, 09:18

Thank you and let me know, how much will it charge for service?

21 Oct 2020, 09:49

Legal advice is one thousand dirhams, and in the event that a labor case is filed, the agreement will be concluded later.

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