Questions & Answers
Validity of the non-competition clause in employment contracts
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?
Dear Questioner,
From your question, I understand your employment contract has a non-competition clause.
As I read the quoted text above, I noticed that the clause lacks some legal requirements and hence stands invalid. The geographical limitation is too restrictive to be imposed on an employee.
Further, if you are unwilling or unable to serve the notice period as stipulated in the offer letter, you shall pay compensation to the employer in lieu of the notice period.
Finally, to get your passport and employment certificate [which are kept in the custody of your employer] you seek the help of the police and labor court.
Please note that an employer is not legally authorized to impound your travel documents.
Please feel free to reach out to me if you need any further clarification.
Thank you.
Regards,
Rajasree Ravivarma
