Questions & Answers
Validity of non-competition clause stated in the offer letter only
Good morning!
I have an offer letter (from my previous company) and a labour contract (MOHRE) which has different content. In the offer letter which was previously signed, we have a non-competition clause.
In the contract from MOHRE which was signed after two weeks, it is not stated that we are not allowed to transfer to a competitor. Should the offer letter be void as per Chapter 1, Article 7 of UAE Labor Law?
The letter is written purely in English, does this have an effect to consider it void? Only the contract from MOHRE has the Arabic language.
Arabic shall be the language to be used in all records, contracts, files, data, etc. provided for in this Law or in any orders or regulations issued in implementation thereof.
Arabic shall also be used in instructions and circulars issued to employees by their employer. Where the employer besides Arabic uses a foreign language, the Arabic version shall prevail.
Thank you very much.
Hope to hear from you soon.
Dear Questioner,
The MOHRE contract is a standard contract, that cannot be changed. The offer letter usually, if it contains all the information provided by the law, can be considered the real contract between an employee and his employer.
Anyway, the MOHRE contract can prevail in the case of conflict between contractual provisions, however, in this case, there is no clear conflict.
You will still be obliged to comply with the non-competition clause, even if it is not mentioned in the MOHRE contract.
Nevertheless, this clause can be interpreted through NDA (Non-Disclosure Agreement) at a later stage, whether or not mentioned in the MOHRE contract.
Best regards,
Raluca Gatina.
