Q: 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?

Q: Dear sir/madam, I had signed a labor contract with the Ministry of Labour which had no "non-compete" clause. Now, I want to leave the company, but my employer wants me to sign the "non-compete" clause in the termination contract. In this case, is the non-compete clause applicable or not?

Q: Hi, I am working for a company in the Media City as a developer and I have a non-compete clause in my contract. I want to join a competitor who is also in Dubai but because of this non-compete clause, I cannot join the competitor. Is there any way to leave my current company and join the competitor?

Q: Hello, I have a question regarding the non-compete clause. Do note that this non-compete clause was only mentioned in the offer letter and not in the labor contract. The current situation is I am looking to start my own training consultancy. The nature of the business is to partner with companies that provide e-learning products, I will then consult with HR leaders in companies and advise and sell that e-learning software to them. The previous organization that I worked for was not a consultancy but rather had its own e-learning software that is being sold in the market. However do note that the contract I signed with them was released by their company in New Jersey, USA, as they do not have an office in the UAE. However, my visa was issued by their partner company, whom I had to sign a labor contract with as well as an offer letter that did not have a non-compete clause. I want to know If I will get into any trouble if I start my own company considering the above. Thank you

Q: Dear Sir/Madam, I have two questions; one is about the non-compete clause term and another is about predetermined compensation. 1) My contract includes a non-compete clause stating that an employee cannot "in any capacity be engaged, interested or employed in a competitor's business in the UAE during 12 months after termination of the contract." I don't work in sales. I am working at a managerial level, I won't take clients or secrets with me when I leave. Is it valid when I join a competitor in a similar position? Can changing the job title/department avoid this clause? 2) My contract states that if an employee breaches any provisions of the clause, "the employee agrees to pay the damages equivalent to the employee's monthly salary for each month for the entire period." Does the company need to prove that I caused the damages to the company to file a case? Can they file a case as long as I join any competitor? Do I need to prove I didn't cause any damage to the company? Thanks in advance for your help!

Q: I am still on probation and I have an offer from a company. I noticed that I have a non-compete clause with my current company and my next company is specified in a list under the contract. Both companies are based in Dubai. The contract is filed in the DMCC free zone, not sure if it's under MOHRE.

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.

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.

This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.

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).