FZ Non Compete Clause

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FZ Non Compete clause Sep 19, 2014
Hello Everyone !

I really need some Legal insight into the current huge problem i'm facing with regards to my job and ex employer, Its going to be pretty long so kindly bear with me !!

I live and work in Dubai and am on my Family sponsorship. 2 yrs ago found this job in Dubai health care city DHCC, and worked under this pediatric clinic for nearly 2 years unaware of the fact that the Non compete clause i signed was actually gonna impact me soon. After completion of my notice period and settlement of all dues along with a good copy of my employment certificate i soon left the place ,only to get an unexpected huge offer at a different setup few blocks away within the same free-zone.
Now even before i got hired officially , through word of mouth my ex employer gets the news and threatens to sue me , especially when he has no replacement and many of his staffs have been leaving throughout the year has left off-late left him frustrated and pissed off ! so obviously he was'nt very happy about me leaving or the fact i found a a better offer in a huger work set up. Now since i m into a pretty specialized area related to special needs , I'm helpless when it comes to finding a good job anywhere in the UAE, cause as anyone could understand i would mostly end up with a direct competitor, let alone be DHCC. He also refused to cancel my DHCC labor id against which i notified a complaint to the authorities and i was told they would warn him over it giving a period of 4 days to get it done by him after which otherwise they would under take the cancellation. A day before the final date of cancellation i receive the call from the FZ Labor dispute office stating my labor id is currently on hold (which i clearly dont understand as it has ideally got nothing to do with the NCC complaint against me. Final notification has been sent today stating i would need to come in for a meeting with the dispute authority and employer in the next 2 days.
Am confused here as to who holds the upper hand of the case ? what should i speak on and how do you think this would end if the next step would be to the Court ? as its my first legal appearance and i have never had to face any employment related issues so far .Kindly help as to Do's and Dont's!

p.s: FYI my contract encloses 2 different phrases of the NCC clause separately placed on different sheets, one on a letter head page which states I cannot be working for a direct competitor on leaving the company for a period of one year ANYWHERE WITHIN THE UAE, whereas another one by the authority enclosed amongst the bunch stating the same but ANYWHERE WITHIN DUBAI and on direct contact have been told by the Employer stating ANYWHERE BUT DHCC (which seriously sounds contradicting by itself and ridiculous )

Tringstar
Dubai Forum Guest
Posts: 2
Location: Dubai AE

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Re: FZ Non Compete Clause Sep 20, 2014
Hi Tringstar and welcome to Dubai Forums.
I am not sure but some time ago I think there was a law prohibiting such clauses in contracts regarding the work against a direct competitor in Dubai. (This kind off law does not make any sense in the healthcare field)
But again I may be wrong. It's better to consult a lawyer in this case.
Andyba
Dubai Forum Admin
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Posts: 831

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Re: FZ Non Compete Clause Sep 20, 2014
Hi Andyba

Shall take a dig into that part. but thanks for helping ! :)
Tringstar
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Posts: 2
Location: Dubai AE

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undefined Jun 23, 2015
Hi i just want an advise. I've been working in one of the private company in DHCC for 8 months. Still my employer did not apply for my labor card. I follow up but always no reply. I am under husband's visa. T o whom i can complaint. I am afraid that they can terminate me and get nothing. Thank you.
marimar101
UAE, Dubai Forum starter
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