‘Is a non-compete clause valid if I quit during the probation period?'
Question: I started a new job in April and am still in my probation period of up to six months. I am not happy, so plan to resign as soon as I find another job. Do I need to give notice in my probation period? For how long?
When I started, they made me sign a non-compete clause even though I am only an accounts clerk and am not involved in the sales side at all. Will this cause a problem, and can this company stop me from taking a new job? What if the new job is for a similar business? NR, Dubai
Answer: NR is required to give his employer written notice of his resignation. This always applies, even if someone is on probation.
This is covered in UAE labour law, Article (9), which states: 'If the worker wishes to move during the probationary period, to work for another employer in the State, he shall notify the original employer of the same in writing within not less than one month from the date of his wish to terminate the contract.'
The same clause adds: 'And unless agreed otherwise, the new employer shall compensate the first employer for recruitment or contract costs. ' Note that costs are borne by the employers, not the employee.
In this situation, the non-compete clause will not be enforceable. This was covered in the follow-up legalisation to the main labour law, Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulations of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations. Article (12) of this states: 'The worker shall be exempted from the non-compete clause … in accordance with the following conditions: b. If the contract is terminated during the probation period. '
The non-compete clause protects the interest of a business and should not be used as a way of preventing any departing employee from taking another job. It does not apply to all employees in any business and for such a clause to be upheld in a court, the company would need to demonstrate that there would be genuine harm to their business in some way.
The burden of proof is on the employer. This is made clear in the executive regulations, which state that such a clause is only relevant if it can be demonstrated that 'the work's nature … causes gross damage to the employer's legitimate interests'.
To clarify, NR must give one month's written notice, will not be bound by a non-compete clause, and all costs must be borne by his employers.
Q: I work for an international company with an ADGM visa and transferred to them at the start of 2024. It was a very busy year, so I did not take my entire annual leave.
I have asked for all eight days to be added to this year's leave, but the HR department is not letting me do that. I was able to carry days forward when working for the company in Hong Kong, so it seems unfair that the rules are different. What does the law say so I have all details before I make my complaint? HC, Abu Dhabi
A: HC is a permanent employee with a contract of employment under ADGM, so the provisions of this employment law are the only ones that apply. He should have signed a contract that states this.
The provisions that apply are those set out in the latest rules, Employment regulations 2024, which came into effect on April 1, 2025.
Section 21 covers annual leave and clause 2 states: 'An employee is entitled to carry forward accrued but untaken vacation leave into the next vacation leave year for a maximum period of 12 months, after which any unused vacation leave carried forward from the previous vacation leave year shall expire. The amount of accrued but untaken vacation leave to be carried forward may be agreed between the employer and the employee, provided that nothing shall prevent an employee from carrying forward at least five days of vacation leave in each vacation leave year.'
All employers must apply the provisions in the relevant law as a minimum, although they can choose to offer benefits above the minimum required. Five days is the amount stated in law but the employer can choose to permit more.
If the reason is due to pressures of work, HC should speak to his manager to request special dispensation to carry forward additional days of annual leave, although there is no legal obligation to do so.
Should the company refuse to permit his request, there are no grounds for a complaint under the ADGM employment regulations.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The National
an hour ago
- The National
Israel says it killed head of Palestine Corps in IRGC's overseas arm
Israel's Defence Minister Israel Katz said on Saturday that the military had killed a commander in the Iranian Islamic Revolutionary Guard Corps' overseas arm in a strike on an apartment block in the Iranian city of Qom. The dead man was Saeed Izadi, who led the Palestine corps of the Quds Force, Mr Katz said in a statement. There was no confirmation from the IRGC. The Quds Force built up a network of Arab allies known as the Axis of Resistance, establishing Hezbollah in Lebanon in 1982 and supporting the Palestinian militant Islamist group Hamas in the Gaza Strip. But Iran-aligned network has suffered major blows over the last two years, as Israeli offensives since Hamas' October 7, 2023, attacks on Israel have weakened both the Palestinian group and Hezbollah. Mr Katz said Mr Izadi financed and armed Hamas during the initial attacks, describing the commander's killing as a 'major achievement for Israeli intelligence and the air force'. Israel Defence Forces said in a statement that Mr Izadi was "one of the main orchestrators" of the October 7 Hamas attacks. "He was responsible for military coordination between the senior commanders of the IRGC and the Iranian regime with key figures in Hamas," the stat Mr Izadi was under US and UK sanctions over what they said were his ties to Hamas and Palestinian militant faction Islamic Jihad, which also took part in the October 7 attacks. Last Friday, Israel launched a large‑scale air and covert strike campaign – including Mossad-backed drone operations – against military and nuclear sites in Iran. The attacks killed senior commanders in IRGC and nuclear scientists, and damaged nuclear sites such as Natanz and Isfahan. Israel said its sweeping assault was necessary to prevent Tehran from moving closer to acquiring a nuclear weapon. At least 657 people, including 263 civilians, have been killed in Iran and more than 2,000 wounded, according to a Washington-based Iranian human rights group. Iran has retaliated by firing 450 missiles and 1,000 drones at Israel, according to Israeli army estimates. Most have been shot down by Israel's air defences, but at least 24 people in Israel have been killed and hundreds wounded.
The National
3 hours ago
- The National
Iranian Foreign Minister Araghchi arrives in Istanbul for OIC meeting
Iran's Foreign Minister Abbas Araghchi arrived in Istanbul on Saturday, Tasnim news agency reported, for a meeting with the Council of Foreign Ministers of the Organisation of Islamic Co-operation to discuss Israel's conflict with Iran. About 40 officials are scheduled to join the weekend gathering of the OIC, as Israel and Iran continue to exchange missile strikes. 'At this meeting, at the suggestion of Iran, the issue of the Zionist regime's attack on our country will be specifically addressed,' said Mr Araghchi, according to Tasnim. Mr Araghchi met his counterparts from Britain, France and Germany, known as the E3, in Geneva on Friday. The European summit with Iran failed to deliver a breakthrough despite all sides agreeing to continue discussions that could end the war. Iran said it would only consider diplomacy once Israel puts an end to its bombing campaign. 'Iran is ready to consider diplomacy once again and once the aggression is stopped,' said Mr Araghchi after the meeting. 'I make it crystal clear that Iran's defence capabilities are non-negotiable.' Speaking shortly after the meeting, US President Donald Trump appeared to dismiss European diplomatic efforts. 'We've been speaking to Iran and we'll see what happens,' he said, adding that he believed that talks in Geneva had not been successful. ' Iran doesn't want to speak to Europe, Iran wants to speak to us. Europe is not going to be able to help on this one.' Israel began its assault in the early hours of June 13, claiming Iran was close to a viable nuclear weapon. There retaliation from Tehran in the biggest confrontation between the countries. Ministers from the Arab League are expected to release a statement following their meeting, the Turkish state news agency Anadolu said.
The National
3 hours ago
- The National
Iran and Israel trade fresh strikes as Abbas Araghchi arrives in Istanbul for OIC meeting
Iran's FM arrives in Istanbul to attend OIC meeting Iran and Israel launch fresh strikes overnight Iranian FM and European counterparts have positive talks in Geneva Iran holds 22 suspected of spying for Israel US sends dozens of embassy staff home from Israel
