Questions & Answers
Questions & Answers
5 available 5 • View allNon-compete clauses in the employment contract
3
Q: Dear Sir,
I'm Satheesh from Abu Dhabi. For the past 3 years, I was working for a free zone company in Dubai. Our company have clients from both Dubai and Abu Dhabi and doing medical billing services for hospitals and medical centres.
I was working with one of the company's clients which is a government hospital in Abu Dhabi (please note - govt is removing our company by Sept.).
My concern is that the hospital is interested to recruit me as their employee. But I already signed a limited contract with my company which has "Non-competition non-solicitation agreement".
My contract states that I cannot join their clients or competitors for 24 months after my visa expiry or end of service. If I violate this law they will take legal actions and they can ask for compensation (Law no. 8 of 1980 for UAE and Law no. 5 of 1985 for Dubai).
My visa is expiring by Aug 25th, so I'd like to join there.
Can I join this Abu Dhabi government hospital or not? If I join, is there any legal issue I have to face from my company?

Jul 30, 2017
10631
Non-competition agreement and its enforcement in the UAE
4
Q: Hi,
I'm Sanu from Abu Dhabi, my job is medical coding. I need a clarification regarding joining the client of my employer.
I have completed 3 years with my current employer (Billing Services DMCC, Dubai).
My 3-year contract was expired and cancelled. Now one of my previous employer clients (a government hospital) is approaching me to join with them. I have already signed a non-competition agreement which has a clause - I cannot join my employer own client for 2 years.
Please note, currently, the contract between my previous employer and this government hospital has been cancelled.
Please advise is there any exception that I can join with own client as it is government sector?
Is there a chance my previous employer can make a case against me?
If they raise a case then how to survive?

Oct 24, 2017
4046
Non-competition clause as a restrictive covenant in the employee's contract
0
Q: Good morning.
An American company is working as an advisor for the Dubai government. The company has got employees to sign a non-competition clause document, prohibiting them from working for the same clients for a period of 1 year.
Now, employees resigned and might work directly or indirectly with the same clients. The company is threatening to sue the former employees for non-compliance with that clause and make them obtain the company's legal authorization to do such work.
Can you please advise the level of legality and also what is the appropriate next step?

Dec 17, 2017
1490
Non-competition clause or agreement in employment contracts
1
Q: Hello there,
I was working for a company in Jebel Ali Free Zone since 2011 as a senior sales manager. I was asked to resign due to the company not performing well. I resigned.
Now, after 3 months I have a job offer in another Jebel Ali free zone company. I had signed a standard JAFZA non compete agreement in 2011.
I have told my former employer through emails where I am joining and I have received no objection from them verbally and a firm no objection through SMS from the signatory authority of the company.
They are dodging giving the letter. Will it be a problem for me in the future?

May 31, 2019
1081
What are the consequences of non-competition agreement after contract expiry?
0
Q: Hi Ma'am,
My 2-year contract will soon finish in November this year. So I submitted a letter stating that I'm not going to renew my contract anymore. It was a 3 months notice.
Recently, she spoke with me and informed me that there is a non-compete clause in my contract and that I'm not allowed to seek another employer unless they allow me to.
The clause states that "The Second Party shall be committed not to work in the same competing business of the First Party in the UAE for a period of two years, if the employee has terminated the employment contract or if the contract has expired as per article 127."
I want to know if there is a way that I can still find and transfer to another employer. Any advice would be appreciated.
Thank you.

Sep 28, 2021
692
Legal blog
1 available 1 • View allAn Overview of the New UAE Labor Law and Recent Amendments of 2024 233
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.
Sep 10, 2024
90254
Laws & Regulations
3 available 3 • View allFederal Law No. (5) of 1985 On the Civil Transactions Law of the United Arab Emirates 96
The provisions of this law, promulgating UAE Civil Code, govern the civil transactions in the United Arab Emirates. The commercial transactions remain subject to the laws and regulations applicable in their regard.
Dec 15, 1985
148347
Federal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
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.
Apr 20, 1980
103592
Federal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
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).
Sep 20, 2021
26360

Other answers by
522 522 answers •
View allThe maximum notice period employers can put in the contract as per the new labor law 0
Our internal contract has a notice period of 3 months from both parties. In the new labor implementation, only one month's notice is required for less than 5 years of service.
Please advise if we can follow our internal contract since the position is very curtailed and the organization will not be able to replace the position within one month.
Sep 8, 2022
344
Annual leave salary calculation as per the new labor law 0
Dear sir/madam,
Annual leave salary calculation as per the new labor law.
Can you please clarify the correct annual leave salary rules?
Some say it is basic + HRA for the month you will take off, others say it is full salary, and somewhere I read it is basic + HRA (annual leave salary) plus the normal salary you get.
Can you please clarify?
Thanks for your valuable time and kind assistance!
Sep 7, 2022
2647
I want to dismiss an employee under article 120. Do I need to pay him the EOSB? 0
I want to dismiss an employee under article 120/44 of MOHRE labor law. I want to know if we need to pay him his complete end-of-service benefits.
Jul 26, 2022
362
What happens WPS system if my employer deposited less than my salary? 0
Dear Madam,
My salary is 5000 in WPS, but in June, my company deposited 1000 by mistake.
Is there any chance to rectify or deposit the 5000 dirhams again?
Jul 13, 2022
357
How to appeal the labor judgment if the court did not approve all my dues? 0
My employer has not paid my salary for 8.5 months. I went to the labor court, and was referred to Dubai Courts.
The judgment came and I did not receive the full claim including salaries and 3 months' compensation.
Please advise whether I can go for an appeal and what will be the time for execution.
Need your valuable advice.
Jul 9, 2022
390
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