أثر بند عدم المنافسة على الالتحاق بصاحب عمل آخر

Hello,

You are a professional with an unlimited contract. There may be no Labor Ban imposed on you in case you either serve 3 months' notice to your current employer as that is what you have agreed for at the time of employment or wait for the completion of your contract so that you can avail your EOS benefits as prescribed by the UAE Labor Law.

Please note that Article 127 of UAE Labour Law states that "Where an employee is involved in performing a role which allows the employee to become familiar with company secrets, the employer may put in place an agreement with Non-compete provisions that prevent an employee from working with a competing business. Any non-compete clauses must be reasonable and must only protect legitimate business and legal interests, the onus of proof lays on the employer. But please be advised that there are limitations to such restriction such as in your case, they have put restriction up to 2 years which is not likely to be upheld by the court. The maximum restriction may be up to 6 months in case the employer succeed in proving to the court that they have been disadvantaged by the employee's actions with the new employer."

For any information, we are happy to help if you contact us:

Best regards,

Khubaib Bin Naeem

Mobile/Whatsapp: 0529349402

Email: khubaib@jmadvocatesuae.com

Jasim Almaeeni Advocates & Legal Consultants