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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hi i have 2 former employees who breached their...
Hi i have 2 former employees who breached their non compete contracts. Took our customer lists and suppliers list and started an online business under visit visa. Im ready to file a civil case against them.
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I am going to ras al khaimah tomorrow to file a civil case. I am not looking for a settlement. I want deportation and ban from the country
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that according to the data mentioned in your inquiry and with reference to the UAE Labor Law regulating the provisions of the nature of the contractual relationship between the worker and the employer, first, it should be noted that what is related to the non-competition clause is stipulated in the UAE Labor Law and is therefore binding on the worker, even if it is not stipulated in the employment contract. Therefore, upon the end of the work, the employer has the right, according to the law, to sign the non-competitive work for another entity if it works in the same activity, and this is what Article (127) of the Labor Law stipulates, 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, it not matter if you signed this, because if the employment contract does not include the competition clause, then it is regulated by law anyway.
*** So that, if you filed a complaint at the Labor Office before resorting to the judiciary, and the labor dispute unable to be ended, it may then be referred to the Labor Court and reviewed by the judiciary. Therefore, if the violation is proven, the ruling may include deportation from the country.
*** So that, if you filed a complaint at the Labor Office before resorting to the judiciary, and the labor dispute unable to be ended, it may then be referred to the Labor Court and reviewed by the judiciary. Therefore, if the violation is proven, the ruling may include deportation from the country.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
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