Human Resources and Emiratisation: The requirement may not be generalized to all professions
NBK Member Requests Amendment of Employment Contracts to Add Penalty for Breach of "Non-Competition"
The Ministry of Human Resources and Emiratisation (MOHRE) confirmed that the damage caused to the employer is taken into account. Archival
Shatha Al-Naqbi: "Complacency with workers in the event of non-compliance with some of the terms of the employment contract affects the sustainability of small and medium enterprises for citizens."
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A member of the Federal National Council, Shatha Al Naqbi, told Emirates Today that she has submitted to the Minister of Human Resources and Emiratisation, Abdulrahman bin Abdul Manan Al Awar, a request to amend the model of the unified employment contract in the private sector, to include penalties against the worker who does not comply with the application of the non-competition condition, by depriving him of issuing a work permit in the specialization of the employer that he left to work in another, while the Ministry of Human Resources and Emiratisation confirmed that it takes into account the nature of the damage caused to the employer regarding the worker's breach of the non-competition condition. If documented, pointing out that the non-competitive clause may not be generalized to all market professions.
In detail, a member of the Federal National Council, Shatha Al Naqbi, stressed that there are many reasons that affect the sustainability and continuity of small and medium enterprises for national investors, the most important of which is the negligence of the Ministry of Human Resources and Emiratisation with employment in many cases, in the event of non-compliance with the application of some terms of the contract concluded between the employer and the worker, explaining that «this negligence created a state of indifference and indifference among some categories of workers with regard to many of the obligations owed to them towards their establishments and employers».
Al Naqbi told Emirates Today: "When we talk about the rights of national cadres of business owners, especially owners of small and medium enterprises, contained in the employment contract form, we will find that there is a special disagreement on the condition of non-competition, a dispute that remains hidden between the two parties and appears in the event of the expiration of the employment contract for any reason, because the ministry has not developed specific, clear and binding mechanisms to implement and apply this condition to the employee."
She added: «I received many complaints regarding this subject from the owners of establishments and national investors, who were greatly affected by the labor breach of the terms of the employment contract by indifference to the commitment to the condition of non-competition, whether at the end of the terms of their contracts or in the event of leaving work for humanitarian or compelling reasons and arguments that he fabricates and convinces the employer of them, only for the latter to discover later that this worker left him to work in a competing facility and sometimes adjacent to his facility, and a work permit is issued to him without implementing the non-competition clause in a contract Previous work."
Al-Naqbi stated that «when the citizen investor resorts to the Ministry of Human Resources and Emiratisation, to complain about the worker's non-compliance with the condition of non-competition, the ministry asks him to provide evidence of what he complains about, which is difficult to achieve», explaining that during the session of the Federal National Council, recently, she submitted a request to the Minister of Human Resources and Emiratisation, Abdul Rahman bin Abdul Manan Al Awar, to develop a clause that preserves the right of national investors in the unified labor contract form, by punishing the worker who does not comply with the application of the non-competition condition, by depriving him of issuing A work permit in the same specialization as the employer that left him to work in another, with the possibility of authorizing him to work in another field, as well as fining the employer to which he moved and helped him infringe on the rights of his previous establishment.
She said: «It is not acceptable for the citizen investor to strive and incur thousands of dirhams to attract, qualify and train specialized human cadres professionally, and then the worker leaves his facility and goes to competing establishments not only with the experiences he gained within the country, but also transfers the secrets and secrets that he knows about his previous facility to the facility to which he moves.
8 Harms for entrepreneurs
A member of the Federal National Council, Shatha Al-Naqbi, identified eight damages caused to national cadres of project owners and establishments, as a result of the labor's failure to implement the "non-competition" condition, including transferring work secrets to the new facility, transferring the customer numbers of the previous establishment to the new facility, communicating directly with the customers of his establishment that he left and informing them of his presence in a new facility that provides services at competitive prices, transferring information about the sources and places supplying materials, disclosing the method of the work system in the old facility, and encouraging other workers to move. The new establishment has the aim of a small increase in salary, and the possibility of the worker opening his own facility in partnership with another capable person and attracting the rest of the workers with him, and working in a facility in the same field of the free zone.
Documentation of complaints
The Ministry of Human Resources and Emiratisation (MOHRE) confirmed that the labor market in the country has achieved exceptional successes that contributed to the rise in competition between companies, as a result of the growth in Emiratisation rates, noting that the law specifies a geographical scope and a specific period for the application of the non-competition clause when a worker leaves his facility and moves to another.
She explained that she takes into account the nature of the damage caused to the employer regarding the worker's breach of the non-competition condition, in the event that it is documented, pointing out that if employers submit complaints that they are affected by the disclosure of their work secrets by any worker in specialized fields with information related to a specific specialization, which may affect competitiveness, they are judged by the ministry, but this condition (non-competitiveness) may not be generalized to all market professions.