Questions & Answers
The rights and obligations of a freelancer regarding gratuity and non-competition
Good afternoon.
The company terminated my unlimited full-time employment contract after 3 years, so not renewing my visa. I am working on my own visa now and continue as a freelancer.
But they want me to sign their freelance/consultancy agreement with a clause that I am not allowed to work for any of their competitors (but they don't provide me with a visa, medical, no benefits, even not giving me enough working hours).
1) Is it legal to ask a freelancer for this exclusivity?
2) How I can be a freelancer and not allowed to work for other companies?
3) What shall I do if I still want to continue working with them but need other jobs in other companies to have enough income to pay my bills?
4) Am I entitled to gratuity? Because they didn't mention it.
Thank you
Dear questioner,
In order to provide you with a clear answer to your questions, I must check the contract provided.
Generally, such clauses referring to exclusivity are not necessarily against the law. As I understand, you will sign with the former employer a consultancy agreement, and therefore it will not be an employment contract anymore. Since it is a contract, it can be negotiated.
The new contract does not qualify as an employment contract, and you will not receive the gratuity. But, for the previous years, you have worked as an employee, you are entitled to receive the gratuity and other benefits.
Should you require assistance, please feel free to email me.
