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-   -   Non- Competition Clause (https://britishexpats.com/forum/middle-east-60/non-competition-clause-894529/)

weasel decentral Mar 27th 2017 10:23 pm

Re: Non- Competition Clause
 

Originally Posted by carcajou (Post 12214888)
Yes that's right.

I've also seen people walk (as mentioned in my post to OP) with no consequences and others get fried and scrambled.

There are a lot of variables to be considered. It's not a cut-and-dried matter.

Live a little, it's a job offer not a decision on cutting the red or green wire :lol:

carcajou Mar 27th 2017 10:38 pm

Re: Non- Competition Clause
 

Originally Posted by IKnowNothing (Post 12214913)
You work for the Daily Mail? Taking things out of context? And while the UAE Legal system is not based on precedent, when you get to the higher courts and compare case a with case b, the judges will usually go with what's happened before.

Um, don't be so sure - especially that such a case will get to the higher courts just because a foreigner wants it to. Lots, and I mean lots, can happen before that point.

If you are making noise about the labour courts and the local is angry enough, you will be out of the country well before any higher court proceeding. Very unlikely that there will be an Emirati vs Emirati conflict over a foreign worker, with its unknown outcome and local social ramifications, except in extreme cases. This is not a Hollywood movie, and the UAE is not a desert UK with UK legal protections for foreign plaintiffs/complainants.

Someone called me "risk averse" earlier, and I agree that in the Western calculation, it is, but "risk" has a different formulation in the UAE that is directly correlated to (using the local term) how many/which locals are "standing behind you." The period when you are switching companies is a gray area as you are leaving one club but haven't joined another - so nobody is "standing behind you" and thus you are vulnerable (see point above - extremely unlikely there will be a messy local vs local fight over a foreign worker. You are not likely to be fought for at new company if someone kicks up a fuss about you at the company you are leaving).

As they say - when the winds fight, the sand loses. There, we are the sand.

Meow Mar 27th 2017 11:18 pm

Re: Non- Competition Clause
 
carajou, just out of curiosity, how long have you been in the UAE?

tarkadoc Mar 29th 2017 7:27 am

Re: Non- Competition Clause
 
wow, thanks everyone!
I've declined the first and accepted the second. wish me luck!


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