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Non-Compete Agreement

An agreement on your letterhead, signed by the company and the employee, that limits competing work after the contract ends by type of work, place and a period of at most two years (Article 10), as PDF or DOCX.

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A

Letter details

Article 10(1) allows the undertaking only where the work gives knowledge of the employer’s clients or access to its work secrets.

B

Company

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This tool writes a non-competition agreement between a company and an employee, signed by both. It states why the employee’s work justifies the undertaking, the type of work the employee may not compete in, the place and the period after the contract ends, an optional payment for the undertaking, and the cases in which the law sets it aside. The page refuses a period longer than two years.

What Article 10 allows

Federal Decree-Law No. 33 of 2021, Article 10(1): “If the work assigned to the worker allows him to gain knowledge of the employer’s clients or have access to its work secrets, the employer may require that the worker under the employment contract shall not, after the expiry of the contract, compete with the employer or be engaged in any competing project in the same sector, provided that the requirement is specified, in terms of time, place and type of work, to the extent necessary to protect the legitimate business interests. The non-competition period shall not be more than two years from the expiry date of the contract.”

Cabinet Resolution No. 1 of 2022, Article 12(1) adds that the clause must set its geographical scope, its term, “provided that it does not exceed two years from the contract expiry date”, and the nature of the work. A dispute that is not settled amicably goes to the courts, “and the burden of proving the alleged damage shall lie with the employer” (Article 12(2)). Whether a court enforces the undertaking therefore depends on these limits and on the facts.

When the undertaking does not apply

Article 10(2): “This requirement shall be nullified if the employer terminates the employment contract in violation of the provisions hereof.” Cabinet Resolution No. 1 of 2022, Article 12(3): the clause “shall not apply if the reason for terminating the contract is attributed to the employer or the breach of his legal or contractual obligations.”

Under Article 12(5) the worker is exempted if the worker or the new employer pays the previous employer “compensation not exceeding three months of the worker’s wage as agreed upon in the last contract, subject to the previous employer’s written consent thereto”, or “If the contract is terminated during the probationary period”. Article 12(5)(c) adds professional categories determined by a resolution of the Minister; the agreement does not list them. The parties may also agree in writing not to apply the clause (Article 12(4)). The agreement prints these exceptions.

Frequently Asked Questions

How long can a non-compete last in the UAE?

At most two years from the end of the employment contract (Article 10(1) of Federal Decree-Law No. 33 of 2021; Cabinet Resolution No. 1 of 2022, Article 12(1)).

Does a non-compete apply if the employee leaves during probation?

No. Cabinet Resolution No. 1 of 2022, Article 12(5)(b) exempts the worker if the contract is terminated during the probationary period.

Does the employer have to pay for the undertaking?

Neither Article 10 nor Article 12 requires a payment. The agreement has an optional line for one if the parties agree it.

Is the information I enter stored?

No. Generating sends your entries to our document service, which returns the finished file and stores none of it. The full field-level data flow is published in the Privacy Notice.