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: Hi, I have been working in a free zone company for almost four years now. For the last six months, my salary was very irregular and I am receiving it around 25th of the next month. My issue is that I have decided to resign and move to another company. However, I heard that my company is now asking all the employees who are resigning to sign a non-competition document. This document states that we shall not work with any competitor for three years, even though this clause is not mentioned in my employment contract. Since I am working in a technical company and with my experience, I will only be able to find another job with a company which will be in one way or another a competitor. Is this legal? Can the company force me to sign the non-competition document? What will I do if they refuse to give my salary, end of service benefits and experience letter when I resign?

Q: Good morning. An American company is working as an advisor for the Dubai government. The company has got employees to sign a non-competition clause document, prohibiting them from working for the same clients for a period of 1 year. Now, employees resigned and might work directly or indirectly with the same clients. The company is threatening to sue the former employees for non-compliance with that clause and make them obtain the company's legal authorization to do such work. Can you please advise the level of legality and also what is the appropriate next step?

Q: Dear Sir, I worked as a site engineer in a landscaping company for about 3 years. Now, due to personal reasons, I have to quit the job (notice period given already) and move on to another competitive company. But in my contract, it has been mentioned that I cannot join in any other competitive companies. Please suggest to me if I can happily join another company as I have already given the notice period to my existing company or whether I might face any issues in future? Please reply urgently. Regards,

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

Q: An employee was found to be working on his weekly day off for a competitor. I (the employer) cannot prove that the employee received any monetary consideration for his work but the fact that he offered his services to a competitor itself is deeply disturbing to the environment of trust and integrity in the company. Needless to say, this employee cannot be trusted in the future. The incident in question was witnessed by someone who knows me personally and the said person called me from the site and reported it to me. It is possible that the employee has been doing this regularly over time but happened to get noticed this time. Can this employee be terminated under Article 120 of the UAE Labour Law? If not, what remedies are available to the employer?

Q: Dear Sir/ Madam, I was offered to work in the construction field of industry. I was on an unlimited contract and my contract has a Non-Compete clause. On that, it mentioned the period of 1 year and location. My question is, my duties and work now are not related to the scope of work or industry of my visa. My job responsibility now is related to construction but on my contract, I am on a logistics company visa. This is because my employer has 3 companies under his sponsorship (construction/logistics/trading). Will I be liable if I resign and work for a construction company even though the Non-compete clause of my contract is for a Logistics Company? Regards, M.

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

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 law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.

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).