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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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myself want to join to new organization in uae,I...

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myself want to join to new organization in uae,I resigned from my previous company in sep 2019.There was a non competetor clause in my old agreement for 2 year after end of service.Shall I join the new fir,.Can My old employer can create problem.What I am supposed to do to release from the clause

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that if you mean that you worked with employer and resigned without settlement nor paying your dues such as end of services benefits. According to the UAE Labor Law, compete condition is in the law even it wasn’t stated on the contract, so the employer can prevent you from working with compete company. For the end of services benefit, you have to file a complaint in the labor office and ask for that.
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.

الرد من العميل

my contact was limited and completed the contract and resigned from the organization clearing all dues and received all End of service benefits.I got my visa cancelled legally by Novenber 2019 and I went back to home country .What Can I do to release from the clause as 1 more year is remaining according to the agreement.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear, the matter is regulated by law, and therefore this article was organized for the benefit of the employer, so the matter is legally determined and it is better to obtain a non-objection from the previous employer so that there are no legal loopholes in this regard that could be exploited against you by the previous sponsor

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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