Q: I have recently resigned from my job. Two days before my last day, my company made an NDA that says that I cannot join the same field of work… A: If this clause is not included in the employment contract, it shall not be considered, but if this clause is signed, you are bound by it…

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Asking an employee to sign an NDA before leaving the company

Hi,

I have recently resigned from my job. Two days before my last day, my company made an NDA that says that I cannot join the same field of work or join any competitor for the next five years.

I have worked 8 years+ in that field.

Note: NDA was not there when I joined the company. They just made it prior to my leave.

So in this situation, can I start my own business?

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Naser Almuharrami

Naser Abdulla Almuharrami Advocates & Legal Consultants

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27 Dec 2022, 11:16

Dear questioner,

If this clause is not included in the employment contract, it shall not be considered, but if this clause is signed, you are bound by it.

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Khaled Ebid

Laila Hamza Al Mulla Advocates and Legal Consultants

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27 Dec 2022, 11:22

Dear questioner,

Yes, this condition does not apply as long as you do not sign it in the employment contract when joining them.

27 Dec 2022, 11:26

I do not have any choice except to sign it, otherwise, I will not get my experience letter.

What if it is not my original signature?

Since they just made it before my leave, can I do it?

27 Dec 2022, 15:56

If you don't sign, you can file a lawsuit for your dues but if you sign, you will sign the decision to prevent any work for you again in the Emirates.

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