3 cases that require the worker to be assigned tasks outside his job framework

«Human Resources»: The employee may not compete with the employer before two years from the end of his contract

• The employee may be assigned a work different from the contract, subject to his written approval.

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The Ministry of Human Resources and Emiratisation confirmed that the Federal Decree-Law regarding the regulation of labor relations, issued recently, allowed employers to activate the “non-competition” clause in the work contract, to protect his legitimate interests, in the event that the work entrusted to the worker allows him to know clients or have access to Work secrets, provided that the period of non-competition does not exceed two years from the date of the expiry of the worker’s contract, while the new decree allowed employers the possibility of assigning the worker to work that is fundamentally different from the employment framework agreed upon in the work contract, in three cases, the most prominent of which is contributing to repairing faults or removing The effects arising from any accident that occurs inside the workplace, provided that this assignment is temporary, and with the written consent of the worker.

In detail, the Ministry of Human Resources and Emiratisation confirmed that the employer may require the worker in the work contract “with its new system”, not to compete with him in his field of work after the end of the contract, or to participate in any competing project in the same sector, for a specific period of time. The location and location are within the terms of the contract, and the type of work is explained therein. The ministry clarified, during an indicative campaign launched on its official pages on social media platforms, to introduce the rights and obligations of workers in the private sector, within the framework of the new legislation, that if the work entrusted to the worker allows him to know the employer’s clients or see the secrets of his work, the employer has the right Activating the “non-competition” clause to protect the legitimate business interests, provided that the period of non-competition does not exceed two years from the date of expiry of the worker’s contract.

And it confirmed the possibility of invalidating this condition in the event the employer terminates the employment contract in violation of the provisions of this Decree-Law, as well as the inability to consider any lawsuit filed by the employer for the worker’s violation of the provisions of this article, after a year has passed from the date of discovery of the violation.

The ministry stated that Federal Decree Law No. 33 of 2021, regarding the regulation of labor relations, granted the employer the right to entrust another employer with the performance of any of his original work or part of it, and the latter in this case is solely responsible for the rights of his workers. Those carrying out that work, and owed to them under the provisions of this Decree-Law (unless the two parties agree otherwise).

And she stressed that it is not permissible to assign the worker a job that is fundamentally different from the work agreed upon in the work contract, except in three cases, the first of which is if necessary, and the second, with the aim of preventing the occurrence of an accident inside the workplace, and the last, repairing malfunctions or removing the effects that arise For any accident inside the workplace, subject to the worker’s written consent, provided that the assignment is temporary in accordance with what is specified in the executive regulations of this Decree-Law, with the employer bearing all the financial costs related to the worker’s movement and residence, if it requires the worker to perform work other than agreed upon in the work contract. change of residence of the worker.8 Cases of Termination of Contractual Relationship According to the Ministry of Human Resources and Emiratisation, the new decree regulating labor relations specified eight cases of termination of the contractual relationship between the worker and the employer, including “the parties’ agreement in writing to terminate the contract, the expiry of the period specified in the contract (unless it is extended or renewed). According to the provisions of this Decree-Law), the termination of the contract at the request of one of the parties (provided that the provisions of this Decree-Law regarding termination of the employment contract and the notice period agreed upon in the contract are adhered to), the death of the employer if the subject of the contract is related to his person, the death of the worker or his inability to work Permanent total disability (with proof of this by virtue of a certificate issued by the medical authority), the issuance of a final court ruling against the worker with a penalty restricting freedom for a period of no less than three months, the final closure of the facility, in accordance with the legislation in force in the state, the bankruptcy or insolvency of the employer or any economic reasons or exceptional circumstances that prevent the continuation of the project, and finally, the failure of the worker to fulfill the conditionsRenewing the work permit for any reason beyond the control of the employer.

The employer has the right to activate the “non-competition” clause to protect the legitimate business interests.

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