Members of the Federal National Council in the United Arab Emirates are seeking to amend the unified employment contract form in the private sector in the Emirates in order to provide protection for the employer and investor from violating the non-competition clause when the worker leaves work and moves to another establishment.
In the private sector of the UAE, modifying the unified employment contract form
Members of the Federal National Council in the United Arab Emirates are attempting to amend the unified employment contract form that is used in the private sector in the Emirates, The goal of this effort is to provide protection for the employer and investor from violating the non-competition clause when the worker leaves their previous place of employment and moves on to work at another establishment.
Cases of denial of issuing a work permit in the Emirates
Shatha Al-Naqbi, a member of the Federal National Council, submitted a request to the Minister of Human Resources and Emiratisation, Abdulrahman bin Abdulmanan Al-Awar, to amend the unified employment contract form in the private sector to include penalties against the worker who does not comply with the application of the non-competition clause, These penalties would consist of preventing the worker from being issued a work permit in the speciality of the entity. While the Ministry of Human Resources and Emiratisation confirmed that it takes into account the nature of the damage that occurs to the employer regarding the worker's breach of the non-competition clause, in the event that it is documented, it is not permissible to generalise the non-competition clause to all professions in the market. The worker left his job to work in another, while the Ministry of Human Resources and Emiratisation confirmed that it takes into account the nature of the damage that occurs to the employer.
Conditions for moving to work in another facility in the Emirates
She continued by saying, "I received many complaints regarding this issue from the owners of establishments and national investors, who were greatly affected by the workers' violation of the terms of the work contract by not caring about adhering to the non-competition clause, whether at the end of their contract terms or in the event of leaving the work for humanitarian or coercive reasons and arguments that he fabricates and convinces the employer" Working with it, only to find out later that this worker left him to work in a competitive facility, which is sometimes adjacent to his facility, and a work permit is provided to him without enforcing the non-competition condition in the prior employment contract. Working with it, only to find out later that this worker left him to work in a rival facility, which is sometimes adjacent to his facility, As a result of the worker's failure to comply with the condition requiring that they not compete with one another, the Ministry is demanding that he show evidence of what he is complaining about, which is something that is difficult to accomplish, She went on to explain that she had, during the session of the Federal National Council, finally, made a request to the Minister of Human Resources and Emiratisation, Abdul Rahman bin Abdul Manan Al Awar, to put a clause in the unified employment contract model that preserves the rights of national investors, This clause would penalise the worker who does not comply with the application of the non-competition clause, preventing him from being issued a work permit in the same specialty as the employer he left, She as a violation of the rights belonging to his previous establishment.
