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Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27331 | نسبة الرضا 98.6%

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Hi, I am working in a company in dubai for last...

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Hi, I am working in a company in dubai for last 3.5 years. Now I am moving to a competitor company and there is no non competition clause in my contracts. However few months back my previous company take a separate sign in an agreement which they are saying is a non competition agreement. Is this agreement which was not there in the labour contract is valid?

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إجابة الخبير: Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27331 | نسبة الرضا 98.6%

We would like to inform you that if your employment contract does not include a non-competition clause or not to work for another employer who practices competitive business with your employer, so the previous employer may not compel you not to work with any other employer because the employment contract does not include this. This is in accordance with the provisions of the Labor Law as follows:
Article 10:
 
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. The period of non-competition shall not exceed two years from the date of expiry of the contract.

إسأل Attorney

Mohammad Abd Alrazeq

Mohammad Abd Alrazeq

Attorney

الأسئلة المجابة 27331 | نسبة الرضا 98.6%

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