Questions & Answers
Can the employer ban you from working for 2 years after the contract termination or expiry?
Hi
My employer has sent me the new limited contract and asked me to sign and submit it as it's a new requirement of the MOL UAE.
I found Article 4 (additional terms) which is banning me for 2 years after the termination or expiry of the contract. Shall it be right or I can ask them to remove it?
If they do not agree, what shall I do as the unlimited contract is no more valid in the next few months?
Please advise.
Thanks
I reject this condition because by agreeing to it, you can be banned from working in the UAE if you violate it and they can file a case against you and ask for compensation.
In most cases, it is more than the employee's financial ability. Reject the condition completely or look for another better job.
Dear,
Regarding article 4 (additional terms), is the 2-year ban a non-compete clause, or does it state that you can not work at all for the period of 2 years following the expiration of the employment contract?
A non-compete clause is a well-known and legal concept in the UAE and employers can include it in employment contracts.
However, unfavorable and unfair clauses, such as one that restricts an employee from working for a period of 2 years, can be argued against due to their illegality.
We suggest you negotiate with your employer to remove the clause and if he/she refuses to do so, submit a complaint with MOHRE.
Kind regards,
KHA Advocates
