All cities, UAE

How to overcome the 2 years period non-competition clause?

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!

Premium

Khaled Ebid

Laila Hamza Al Mulla Advocates and Legal Consultants

Chat

Hire

Meet

6 Dec 2022, 07:53

Dear questioner,

Article 12 of the executive regulations of the law regulating labor relations in the private sector stipulates that in the event of a dispute over the competition clause and failure to settle amicably, the matter shall be referred to the judiciary and the burden of proving the damage falls on the employer.

6 Dec 2022, 08:12

If the person is working as a sales manager for a pharmaceutical company, he can work only in a job related to sales in that field.

In this case, what should I do?

6 Dec 2022, 09:15

Hi,

Kindly advise on this!

Thanks!

6 Dec 2022, 14:18

I don't understand.

Is the new job offer related to working in the same position as a sales manager for a pharmaceutical company?

Was this content helpful?

Premium

Shamsa Albedwawi

Shamsa Albedwawi Advocates & Legal Consultants

Chat

Hire

Meet

6 Dec 2022, 09:54

Hi questioner,

The non-competition clause is the standard clause that has to be implemented and abide by as per the UAE labor law. It is implemented by the employer in all employment contracts.

6 Dec 2022, 11:13

Hi Shamsa,

Trust you are doing well!

If the employer mentions 2 years, how to work in the same field?

Please advise!

6 Dec 2022, 11:23

Generally, this is not applied to the professionals like doctors, lawyers, and engineers.

However, when there is a threat to the company that you will disclose the data or the business will be impacted by you joining another company in the same field, this clause is included to safeguard the company.

6 Dec 2022, 11:27

OK!

What is the solution to overcome and sort out this kind of issue?

Was this content helpful?

Fixed-fee services

2 • View all