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Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
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i resign with my job but my employer wants me to...
i resign with my job but my employer wants me to sign indicates that im not allow to work in same field of my job, it is rightful or no? its unfair because it is my skill to find work and find new employer
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إجابة الخبير: 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.
Therefore, 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.
إسأل Lawyer
Abd Alhameed Kieshar
Lawyer
الأسئلة المجابة 42617 | نسبة الرضا 98.7%
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