Are employers allowed to stop employees from joining rival firms?

Navigating job changes can be tricky, especially if your current employer is uncooperative. Here’s a guide to your rights under UAE Employment Law, specifically for those working in Dubai.

Resignation and Notice Period

When leaving a job, you must serve the notice period outlined in your contract. This requirement is stated in Article 43(1) of Federal Decree Law No. 33 of 2021. If your employer refuses to accept your resignation, it may be considered harassment. You can report this to the Ministry of Human Resources and Emiratisation (MoHRE). Under Article 45(2) of the UAE Employment Law, if harassment is confirmed, you can leave without serving the notice period.

Harassment and Legal Recourse

Article 45(2) specifies that employees can resign without notice if they face assault, violence, or harassment at work, provided they report it within five working days. If you experience such issues, report them immediately to MoHRE.

Non-Competition Clauses

Employers cannot force you to leave the UAE after your employment ends, as stated in Article 13(2) of the UAE Employment Law. Non-competition clauses must be reasonable in geographic scope, duration (up to two years), and nature of work. According to Article 12(1) & (2) of the Cabinet Resolution No.1 of 2022, if an employer claims you are breaching this clause, they must prove the damages in court.

End of Service Benefits

Employers must pay end-of-service benefits within 14 days of contract termination, as per Article 53 of the UAE Employment Law. If your employer delays or withholds these payments, you have the right to file a complaint with MoHRE.

Key Points

• Resignation: Serve the notice period or report harassment to leave without notice.
• Non-Competition: Employers must prove any breach and damages in court.
• End of Service Benefits: Must be paid within 14 days of termination.
• Legal Protections: You cannot be forced to leave the UAE post-employment.

If your employer violates your rights, consider filing a complaint with MoHRE to ensure your protection and proper resolution of any issues.

This article is published by Al Dhaheri International Advocates & Legal Consultants, one of the esteemed Dubai law firms, with the best lawyers in Dubai.