Questions & Answers
Is an NOC required when joining a new employer, as per the offer letter?
Dear Sir/Madam,
I have signed an offer letter which contains the following: "The employee is not allowed to work with the company's client or direct competitor on the end of the employment without prior permission of the company".
But my labour contract with MOHRE doesn't contain any such provision. Labour contract only contains the following provision:
The Second Party shall be committed not to work in the same competing business of the First Party in UAE for the period of Two Years if the employee has terminated the employment contract or if their employment contract had expired without prejudice to the First Party’s legal or contractual obligations.
So if I want to join a client after cancelling my existing job & labour contract, is the provision for getting the "prior permission to join the client" mentioned in the offer letter still valid?
Does the offer letter have any validity after my resignation & cancellation of the existing labour contract?
Do I have to obtain an NOC?
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
Your labor contract registered with MOHRE takes precedence over the terms in your offer letter. If your labor contract includes a non-compete clause, you should adhere to it.
The offer letter becomes irrelevant after your resignation and labor contract cancellation. No Objection Certificates (NOCs) may be required as per your labor contract, so consult with us for specific guidance.
For any further legal assistance, you can WhatsApp us. We have an extensive team of knowledgeable and experienced lawyers to provide the legal assistance you need.
We will be happy to help you.
Thanks & Regards,
ABDUL WAHIED
After greeting,
In all cases, the condition contained in the employment contract is applied, since upon signing and approving the employment contract, it is in effect and no trace of the job offer remains.
For further inquiries about your topic, you can reach our office or contact us on WhatsApp.
Or share your WhatsApp number so we can contact you.
Dear Questioner,
Typically, an NOC isn't necessary from the employer. However, a non-compete clause remains effective for two years following resignation.
In case of any disputes, the MOHRE contract takes precedence over the internal labor contract.
