employment non-compete uae
legal term explanation required
<p>According to below mentioned clause ,Am I allowed to join other IT company in the practice <strong>Computer Software House</strong> or not</p>

<blockquote>
  <p>"To refrain from directly or indirectly competing with 
      the Employer or working for another competing organisation 
      in the practice of <strong>Computer Software House</strong> 
      within UAE for a period of 24 months 
      (not exceeding 24 calendar months) following the expiration or
       termination of the Employment Contract."</p>
</blockquote>

<p>Anti-competition clauses are legal under UAE law, see <a href="http://www.mondaq.com/x/583466/Contract+of+Employment/PostContractual+NonCompetition+Clause+according+to+the+Laws+of+the+United+Arab+Emirates" rel="nofollow noreferrer">here</a> and <a href="https://www.thenational.ae/business/uae-non-competition-clauses-in-employment-contracts-have-legal-limitations-1.161780" rel="nofollow noreferrer">here</a>. <a href="https://www.moid.gov.ae/Laws/UAE_Labour_Law.pdf" rel="nofollow noreferrer">Article 127 of UAE Labour Law</a> specifically allows non-compete clauses related to access to clients of business secrets, provided that</p>

<blockquote>
  <p>the agreement must be confined, in terms of time, place and the 
  nature of the business, to the extent necessary to safeguard the
  employer's legitimate  interests.</p>
</blockquote>

<p>which means there is no fixed upper duration of the restriction. <a href="http://lexarabiae.meyer-reumann.com/issues/2016-2/vol-xx-issue-2-apr-2016-articles/enforceability-of-non-competition-clauses-under-uae-law/" rel="nofollow noreferrer">This article</a> analyzes some of the nuances of UAE law on this point, and they observe</p>

<blockquote>
  <p>Concerning the timely limitation, a reasonable duration for a
  non-competition clause normally ranges between 3 months to 2 years
  from the date of termination of the employment contract. In the past,
  it was often held that the (previous) automatic employment ban of 6
  months after termination have a similar effect as a non-competition
  clause i.e. preventing the employee to enter the country during this
  time; hence, it was concluded that a specific non-competition clauses
  included in the employment agreement should only be limited to 6
  months as well.</p>
</blockquote>

<p>Under a ruling by the Dubai Court of Cassation, Petition NO. 58/2008 (as summarized in the preceding analysis), violating a non-compete clause with a duration of 2 years can be enforced, but the onus is on the employer (plaintiff) to prove that they have suffered the alleged damage.</p>
