I have been working in a company for almost four years on an unlimited labour contract. I was 20 years old when the employer asked me to sign a non-competition clause for three years which states that I am not supposed to work with any company in Dubai with the same activity if choose to leave the company. I signed the same. The non-competition clause is not mentioned in my labour contract, only in a side paper. My questions here are; 1) Is the employer entitled to making me sign such a clause at the age of 20 years? Is this clause binding upon the employee who is only 20? My employer, at that time, told me if I do not sign this clause, he was going to terminate my labour contract. 2) I understand that as per the UAE labour court, it is against the UAE labour law. My employer is saying that this letter has become legal now as per the UAE labour law because I am 24 now and I did not object to it at the time of signing the letter. In fact, 12 months after I signed the letter, someone told me that this letter was not legal. Then, I sent an objection letter to my employer but he did not reply. If I decide to go to the labour court, will the labour law favour me in this regard? 3) I want to give my resignation and join another company which has the same activity as my current company. Can I use the email objection letter which I sent to my employer as proof in the labour court?
Article 127 of the Federal Labour Law No. 8 of 1980 states: “Where the worker assigned to a worker allows him to become acquainted with the employer’s client or to become familiar with the secrets of his business, the employer may require him to refrain, after the termination of his contract, from competing with him or participating in any enterprise competing with his own. Such agreement shall be valid only on condition that the worker is at least 21 years of age at the time of its conclusion that the agreement is limited, as regards the time, the place and the nature of the business, to the extent necessary to safeguard the employer’s lawful interest”.
Therefore and pursuant to the above article, the competition clause, which the questioner has signed, is invalid and not considered on the basis that according to the above article the employee shall be at least 21 years of age. Finally, the non-competition clause which is signed by the questioner will not stand just because the questioner is now more than 21 years as mentioned by the employer, especially since the questioner had sent an objection letter via email 12 months after signing the clause. That email will be accepted as proof in the labour court.
Absconder complaint
Last month, my employer reported me absconding to the labour ministry because I was absent for eight days though the truth is that he had approved my short leave. Unfortunately, he has denied that in the labour ministry. He also terminated my labour contract without giving me any notice. In my labour contract, I am entitled to a notice period of three months. It also mentions that if my employer does not allow me to work for that period for any reason, he should pay me three months’ full salary and provide me with a no-objection certificate to work with another company. My question here are; 1) Does the employer have the right to terminate my labour contract without giving me notice? 2) Does the employer in this case have the right to file a false absconding report against the employee in the labour ministry? 3) Is it possible to lift the ban imposed on the basis of such a false complaint? 4) How could the Ministry of Labour accept such a complaint without any solid proof? 5) Can I file a petition for compensation in the civil court in case the labour ministry or labour court quashed the false absconding report?
Article (120), item (j) states the following: “An employer may dismiss a worker without notice in any of the following cases: j — If the worker absents (himself) from his work without a valid reason for more than 20 non-consecutive days, or more than seven consecutive days”.
Therefore, the employer as per the labour ministry rules has the right to file an absconder complaint against the employee in this regard. To quash the absconding complaint, the questioner has to report to the Ministry of Labour and file an objection with proof that the complaint is false and request the ministry to drop the absconder complaint. In case the ministry (Ministry of Human Resources and Emiratisation in this case) rejects his request, then he should request the ministry to refer the matter to the labour court. The questioner has the right to prove that the employer’s complaint is false and in case the labour court rules that the complaint is false, the Ministry of Labour will lift the ban. In that case, the questioner has the right to file a civil case to get a proper compensation from the employer.
Limited contract
I have worked in a company for more than two years under a contract for a limited period, which expires in December 2016. My question is, am I allowed by law, upon the expiry of my current employment contract, to sign a contract for unlimited period? My employer says that as per the UAE Labour Law, since my labour contract is for a limited period, the renewal will also be of a limited contract. He says that I have no choice. Otherwise, he wants me to sign an unlimited labour contract but wants it mentioned that my notice period for terminating the contract will be four months. Please advise me on my right as an employee as per the UAE Labour Law.
Article No. 40 of Federal Law No. 8 of 1980 states that where the two parties continue to perform the contract without an expressed agreement after the expiry of its initial period or after the completion of the work agreed upon, the original contract shall be deemed to have been tacitly extended on the same conditions as those already contained therein and for the same duration. Therefore, as per the above-mentioned article, upon the expiry of the questioner’s current labour contract, he is not obliged to sign a limited labour contract. He may sign a new contract for an unlimited period.
