Questions & Answers
The applicability of the non-compete agreement on a swimming coach
Hello,
I have questions regarding the non-compete agreement which was written in a contract:
The employee will be committed not to work in the same competing business of the company in the UAE for the period of 2 years if the employee has terminated the contract or if their employment contract had expired as per Article 127 of the Federal Labor Law no. 8 of 1980 without prejudice to the companies legal or contractual obligations. In such case, the additional conditions shall not breach Applicable Laws, or the articles stipulated in this contract or the Annex hereof. In case of adding such conditions, this contract and the annex hereof must be referred to the relevant labor relations authority within MOHRE for review prior to approval thereof.
Is this law in reality enforceable or unenforceable?
My position is not a high senior position (I’m a swimming coach). Does this mean that I am not entitled to work in the UAE for 2 years after my resignation or after my contract ends?
Thanks!
Dear questioner,
Not at all!
The term was drafted wrong and not according to the law. This term must be drafted in a very detailed and specific way to protect the employer's interests only and to provide the employee with other options to work freely.
Don't worry, this term will not be applied.
HI M.,
This is the general non-compete clause and has to be included in all employment contracts.
