An employee non-compete clause restricts an employee from working for competitors or starting a competing business after leaving. In the UAE, the Labour Law allows such clauses only within defined limits.
This guide focuses on employment. For restrictions between businesses, see non-compete clauses in commercial agreements.
Legal conditions
The Labour Law permits restrictive covenants if they are in writing and limited in duration, geography and type of work to what is needed to protect legitimate business interests. The law also sets a maximum duration, which should be checked in the current text.
What makes a clause vulnerable
Overly broad wording, an indefinite period or a restriction that effectively prevents the employee from working in their field can be challenged. Clauses may also be treated differently if the employer breached the contract.
Related protections
- Confidentiality clauses protecting trade secrets
- Non-solicitation of clients or staff
- Obligations to return company property
These can sometimes protect the same interests more narrowly.
For employees
Before signing, check how long the restriction lasts, where it applies and which activities it covers. Consider whether it could stop you from getting a new job. Keep a copy.
For employers
Draft clauses to protect a real interest, limit scope reasonably and tailor them to the role. A generic clause for all staff is more vulnerable.
Consequences of breach
Contracts may provide for compensation if the clause is breached. Courts may adjust amounts they consider excessive, so do not assume a figure will be enforced as written.
How a consultation can help
A consultation can review a clause against these points and explain risks. It cannot guarantee whether a court will enforce it.
Frequently asked questions
Can a non-compete apply outside the UAE?
A contract can attempt it, but enforcement abroad depends on foreign law and courts.
Does a non-compete apply if I am dismissed?
This can depend on the circumstances and contract wording. Seek guidance.
Is a confidentiality clause the same as a non-compete?
No. Confidentiality protects information, while non-compete restricts activities.
Related guides and services
- Employment Contract Review in the UAE: What to Check
- NDA Review in the UAE: Key Clauses to Check
- Non-Compete and Non-Solicit Clauses in UAE Commercial Agreements
- Employment & Labour – all guides
- Labour & Employment
- Intellectual Property
General information only. Please read our Legal Disclaimer.