Questions & Answers
I resigned and joined another company and facing a case based on the non-compete agreement. What to do?
Hi.
I have resigned from a company to move out of the country. Later I decided to come back and I asked them if they could take me back.
They declined and I have a message stating that I'm free to join anywhere. I joined a new organization and they are filing a labor case for a non-compete clause and not clearing my FnF.
Hello,
The UAE Labor Law (Federal Law No. 8 of 1980) allows employers to impose a non-compete clause, but it cannot exceed two years, and it should be specific enough not to restrict an employee's ability to earn a living.
If your previous employer is filing a labor case based on the non-compete clause, they would need to demonstrate that the clause is enforceable and that you have violated it by joining a competing organization.
For a detailed discussion, kindly share your Whatsapp number.
Dear Client,
Thanks for your question! I hope you are doing well. I will assist you in this matter.
If you have a message confirming you’re free to join any company, it could help defend against the non-compete claim.
Your employer is required to settle your final dues within 14 days unless there’s a valid dispute.
Consult with us and file a case with MOHRE to resolve the issue.
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
The UAE Labor Law permits employers to implement non-compete clauses in employment contracts.
However, these clauses must adhere to specific conditions. The clause should be narrowly defined, avoiding overly broad restrictions on an employee's ability to seek employment.
The non-compete clause cannot exceed two years. There are certain things they have to prove. The burden of proof is on them.
We will let you know how to defend them in court. Kindly share your WhatsApp number to discuss this further.
Dear questioner
If the company is not competing directly with your previous company or there is a position change in the scope of work, then the non-compete clause will not be applicable.
However, for your final settlements, you need to file a complaint in MOHRE.
If you need further assistance kindly share your Whatsapp number.
