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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

HI I JUST WANT TO ASK IF THE OLD COMPANY I WORK...

تم تقييم هذه الإجابة:
HI I JUST WANT TO ASK IF THE OLD COMPANY I WORK WITH CAN FILE CASE AGAINST ME IF I WORK IN THE SAME COMPETITOR.THANK U
Lawyer's Assistant: Where are you located? It matters because laws vary by location
SHARJAH
Lawyer's Assistant: Has anything been filed or reported?
NOT YET,ACTUALLY I RSIGNED FROM THE COMPANY AND MY LAST SERVICE IS JULY 29.2019 MY VISA IS NOT CANCELED TILLL NOW
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
DO THEY NEED MY PASSPORT FOR CANCELLATION

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إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Dear Customer,                             

Thanks for joining and trusting us, much appreciated!

We would like to inform you that your question involves to two important legal points which are:

First: Illegal competition

The law regulating labor relations gave the employer the right to require the worker not to compete or participating in a competing work or projects within a specified period of time and place

Therefore, if your employer requires you not to compete for one year after the end of the contract, you are necessarily bound to fulfill this obligation. You can get rid of this obligation by filing a lawsuit in the labor court and asking them to exempt from this condition. If your employer does not require this, you are entitled to work in a competitive company without any legal problem.

Second: Cancellation of visa

The employer must immediately cancel the visa after the end of the labor relationship, if there isn’t cancellation you can file a complaint against the employer in the labor office.

Article 127:

Where the work assigned to a worker allows him to become acquainted with the employer's clients or to have access to his business secrets, the employer may require him to undertake not to compete with him or participate in any enterprise competing with his own, after the termination of his contract. For such an undertaking to be valid, the worker must be at least 21 Gregorian years of age at the time the agreement is concluded, and the agreement must be confined, in terms of time, place and the nature of the business, to the extent necessary to safeguard the employer's legitimate interests.

 

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إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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