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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

Lawyer

Goodmorning! I just want to know if ever in my...

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Goodmorning! I just want to know if ever in my contract I signed a NDA and this is holding me from resignibg to my company now and my employer uses this agreement to threat me on transfering also. By any chance is there a way that this agreement will not be applicable? Since he was always saying that we should base on the legal basis on my contract but on the contrary he was also not following the contract he let us work for 11 1/2 hrs and not giving PH and its a small company we don’t have any HR and we have a colleague that oven just shout at us but since we have no one to ask for Help regarding this if just often happening to us. Now I found a new company with better work environment he was threatening me that since its on the same field I cant do anything or else I will pay him. Please Help. 🙏🙏

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إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

According to the Labor Law, the worker could resign from work, provided that he has to notify the employer in writing, and commits himself to work during the period of warning agreed upon in the contract, provided that the period is not less than thirty days and not more than ninety days. A warning allowance, even if the failure to warn results in harm, and the compensation shall be equal to the remaining part
The UAE Labor Law states that:
Either party to the work contract may terminate the contract for any legitimate reason, provided that the other party is notified in writing, and the commitment to work within the period of warning agreed upon in the contract, provided that the period is not less than thirty days and not more than ninety days.
The work contract continues for the duration of the warning period referred to in this article, and ends with the expiry of the period, and the worker is entitled to his full wages for that period according to the last wage he was receiving, and he must work during that period if the employer asks him to do so, and it may be agreed to be exempted from the warning condition or Reducing his period while preserving all the rights of the worker for the warning period agreed upon in the work contract, and it is stipulated that the warning period be the same for both parties unless it is for the benefit of the worker.

الرد من العميل

Sir I understand but im working now in Dmcc free zone and the thing is my employer included a Non Competence Agreement on our contract and I think it was so bias coz mostly it was all in his favor and I could Face the consequences of payong him for this. Please is there any way that They would also consider the Part of the employee that he/she wants to leave. He was also threatening me by voice that even if I notice for 30 days he Will let me pay for 45 days and let me also pay for the damaged that in breach in the contract. Because he put in the NDA that I should not be working for 12 months during/ termination or resignation to the same field where I work now. Please clarify and Will the law not consider that my employer was also not following the contract he let US work over tine with out pay and not paying or giving PH.

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

In all cases, you have to commit to the contract you signed 
 

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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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