Questions & Answers
Questions & Answers
8 available 8 • View allNon-compete clauses in the employment contract
3
Q: Dear Sir,
I'm Satheesh from Abu Dhabi. For the past 3 years, I was working for a free zone company in Dubai. Our company have clients from both Dubai and Abu Dhabi and doing medical billing services for hospitals and medical centres.
I was working with one of the company's clients which is a government hospital in Abu Dhabi (please note - govt is removing our company by Sept.).
My concern is that the hospital is interested to recruit me as their employee. But I already signed a limited contract with my company which has "Non-competition non-solicitation agreement".
My contract states that I cannot join their clients or competitors for 24 months after my visa expiry or end of service. If I violate this law they will take legal actions and they can ask for compensation (Law no. 8 of 1980 for UAE and Law no. 5 of 1985 for Dubai).
My visa is expiring by Aug 25th, so I'd like to join there.
Can I join this Abu Dhabi government hospital or not? If I join, is there any legal issue I have to face from my company?

Jul 30, 2017
10634
Working with a competitor after signing a non-competition agreement
2
Q: I have a non-competition agreement signed with my previous company. Based on that, I cannot work in the same field or anything related.
I was an office assistant but I was given a title as sales so the agreement can be effective on me.
I want to know, will that agreement get me into trouble if I work with a competitor?

Oct 11, 2017
4580
Non-competition clause as a restrictive covenant in the employee's contract
0
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?

Dec 17, 2017
1492
Is the employee obliged to sign the non-competition clause?
2
Q: If my labour contract does not include a non-compete clause, would article 127 be enforceable?
What is the view on the employer holding the payment of final settlement and visa cancellation upon signature of a “settlement agreement“ that stipulates non-compete obligations along with other conditions?
Noting that I filed a complaint against the employer refusing to pay the final settlement as per the Labour Contract, whilst the employer filed a complaint against me for refusing to sign the aforementioned “settlement agreement”.
What articles/clauses can I cite in the first hearing at the MOHRE to support my rights?
My hearing is tomorrow morning and I will greatly appreciate any help

Aug 26, 2018
1775
The effect of non-competition on working for another employer
0
Q: I am a doctor on a limited contract in Abu Dhabi for 18 months.
The hospital has mentioned in the contract a possibility of 2 years' ban for the reason of conflict of interest if I leave them any time (Art.127 under labour law no. 8 of 1980).
I got a better job. Can they impose this ban or not?
Also, they mentioned 3 months' notice in the contract.
Does this apply or it can be 1 month only?
Please advise.
Thanks

Feb 6, 2019
928
Enforcement of a Non-disclosure Agreement in the UAE
3
Q: Hi
Can an NDA which is signed in Singapore be enforced in the UAE?
The company I worked for is UAE based but worked for them in Singapore for 5 years.

Feb 19, 2019
1708
Which one prevails in case of contradiction, offer letter or labour contract
5
Q: I have a notice period of 90 days as per my offer letter, whereas as per my labour contract registered with JAFZA it is 30 days. Please let me know which one will prevail over the other.
I would also like to mention that it is specified in my offer letter that in case of conflict between the labour contract and the offer letter, the terms of the Company's offer letter will prevail.

Aug 19, 2019
2964
How to overcome the 2 years period non-competition clause?

1
Q: Hi,
Good morning!
I just want to get information regards the non-competition clause on the labor contract.
The company mentioned 2 years period after termination or resignation from the company.
Kindly advise how to overcome this.
Thanks!


Dec 6, 2022
216
Legal blog
1 available 1 • View allAn Overview of the New UAE Labor Law and Recent Amendments of 2024 233
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.
Sep 10, 2024
90399
Laws & Regulations
3 available 3 • View allFederal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
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.
Apr 20, 1980
103604
Federal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
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.
Dec 15, 1985
148367
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
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).
Sep 20, 2021
26389

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Good morning.
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If a sole establishment is converted into an LLC, what would happen to the existing Lease Agreement with the Sole Establishment as the tenant?
Thank you.
Aug 23, 2024
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Bank filed a civil case over a loan: Better to settle with the bank or in court? 0
Good day, Sir,
I have received a message from the Dubai Court stating that a bank has filed a civil case against me. The loan has been pending since February 2019.
I cleared the cheque bounce case earlier with a court fine in 2019. I am looking forward to a minimum settlement plan with the bank. The outstanding amount was around 70,000 AED, and now the message is for 115,000 AED.
What will be the best way for me to proceed: approaching the bank or dealing with it in court?
Best regards,
Jul 7, 2024
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Is it legal for my employer to withhold my salary until I leave the country or change status? 0
Hello,
I have given my notice, and my last day is July 24, but the employer is refusing to pay my salary; even the salary for June. Is this even legal?
He claims I'll get everything at once, which is after leaving the country or changing status.
Jul 2, 2024
537
Demanding that an employee pay for visa charges a year after resigning 0
Dear Lawyers,
I worked at a bakeshop here in Dubai. I resigned exactly one year ago. Now they want me to pay for visa charges, as stated in the offer letter.
If I cannot pay for the charges, my employer will claim financial loss due to the damages, estimated to be at least 7,000 AED.
What should I do about this? My monthly salary is only 2,800 AED.
Jul 1, 2024
124
Is an employee eligible for maternity leave in the first three months of pregnancy? 0
Dear Lawyers,
Is an employee eligible for maternity leave in the first three months of pregnancy?
If an employee takes sick leave in the first three months of pregnancy, can it be considered normal sick leave or maternity leave?
Jul 1, 2024
176
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