Questions & Answers
Does the non-compete clause restrict working with competitor under different designation?
I have been working at a company for nearly 3 years under an unlimited labor contract as a Software Engineer, but the labor contract states that I am working in sales.
The contract states that I am not allowed to work for a competitor for a period of 2 years in the UAE. I have got a job offer from a competitor with almost double the salary.
The job offer is as a Software engineer. Will the non-compete clause be valid keeping in mind that the new job does not match my labor contract role?
If yes, can the old employer prevent me (ban) from moving to the new role and can they file a law case?
Dear,
Could you please send us the offer letter along with your labor contract to send you our legal opinion?
Regarding the non-compete clause, article 127 of the labor law stated two conditions in this regard (Where the work assigned to a worker allows him to become acquainted with the employer's clients or to have access to his business secret...).
As long as the said two conditions above do not apply based on your work nature, therefore the non-compete clause is not valid.
Thanks,
Ahmed
