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Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Lawyer

Greetings. I am a ballet teacher here in Dubai and...

تم تقييم هذه الإجابة:
Greetings. I am a ballet teacher here in Dubai and my contract will be up for renewal or cancellation in August. Student attendance is way down this year, particularly so in the branch of the school I am working at. I am a good and experienced teacher but I fear that, in spite of several other factors affecting attendance, I am being held solely responsible for the decrease and that my contract will not be renewed when the time comes. I love living in this city and I am a good teacher — my students did better on exams than any other branch in the organization — and I want to continue here.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I recall reading last year that there are limitations to enforcing a non compete clause. That an employee must be a full time employee for it to be valid
Lawyer's Assistant: Has anything been filed or reported?
Nothing has been filed or reported
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I work only 30 hrs a week. Does that count as full time enough to enforce the no compete clause in my contract or will I be able to get another teaching job with another dance school?

إطرح سؤالك

الرد من العميل

I am in Dubai and I work on the Oalm Jumeirah

الرد من العميل

*Palm

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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 or more 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.

 

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.

إسأل Attorney

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

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