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The effect of non-competition clause on resigning and working in the same industry

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.

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Elnaggar & Partners
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6 Sep 2021, 08:15

Dear Questioner,

Such clause is exclusively limited to the following:

1- Period of NC

2- Region of NC

3- Scope of work that both parties agreed not to disclose of competing.

Therefore if the NC was regarding the logistics, it cannot include more than that and cannot be proved that you were working in else than that profession, as per the contract and as per the profession mentioned in the contract.

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