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Abd Alhameed Kieshar

Abd Alhameed Kieshar

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الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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Hello! I'm an employee for more than 5 years for a...

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Hello! I'm an employee for more than 5 years for a DMCC company in Dubai. I have an unlimited contract in the position of business development manager and I am working alone for this company as my boss is making back and forth from Europe to here. My question regards the request from him to sign a non-compete agreement that was not included 5 years ago in my job contract. Is it mandatory for me to sign it? What happens if I don't sign it and he will fire me?

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إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

It should be noted that after reviewing your inquiry and legal scrutiny we would like to provide that according to Federal Labor Law stipulate that 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.
herefore, the condition of specified duration or place of work makes the condition is incorrect and not valid
The Court of Cassation affirmed that the non-competition clause that the employer signs in the employment contract as a pledge of the worker not to join another competitor after the end of the working relationship between the parties, must be have several conditions, to be considered a legal requirement of the competent labor department, including that the worker has agreed to this condition after the age of 21 years, and that the condition is specific to place and time, and not to be absolute, because work is a right that guaranteed by the Constitution for all.

الرد من العميل

Thank you for your answer.My question was more on the timing as I started to work for this dubai dmcc 5 years ago and in my unlimited contract there isn’t any non-compete clause. I’m 38 and I was hired already skilled. He is asking me to sign this agreement now after 5 years and 9 months I’ve been working for him. My question regarded also if it is my right not to sign this and what happens if he fires me only because I don’t want to sign this document . Thank you very much!

إجابة الخبير: Abd Alhameed Kieshar

Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

The non-competition condition is from the contractual conditions before signing
The worker may not be forced upon it after that, and if the worker's service is terminated to refuse to sign, it is considered an arbitrary dismissal
 

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Abd Alhameed Kieshar

Abd Alhameed Kieshar

Lawyer

الأسئلة المجابة 42617 | نسبة الرضا 98.7%

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