It is illegal for companies to change the terms of an employee's work contract without their permission. Getty
It is illegal for companies to change the terms of an employee's work contract without their permission. Getty
It is illegal for companies to change the terms of an employee's work contract without their permission. Getty
It is illegal for companies to change the terms of an employee's work contract without their permission. Getty

'Can my employer change my contract after I have tendered my resignation?'


  • English
  • Arabic

I have been working for a company for about three years and recently submitted my resignation. My job is to manage and organise stock but I am not a manager and do not make any decisions for the company.

I am serving my two months’ notice as required by my contract, which is unlimited, but the owner now insists that I sign a non-compete and non-disclosure letter that she says should be part of my contract. She says they will not cancel my visa or pay me if I do not sign the document and will also apply for a labour ban to be imposed on me.

The company has never mentioned this before and everything was fine until the owner, who we hardly saw, became involved. Can the company force me to sign this before I leave? LC, Abu Dhabi

are a number of issues to address here. Firstly, employers are not permitted to change the terms of a contract of employment, provided the original contract complies with the UAE Labour Law. If they wish to make changes to the contract, it can only be done if the employee agrees.

This means that it is not permitted to add in a clause, such as a non-compete clause, at this stage to benefit the employer and potentially disadvantage the employee.

Article 127 of the UAE Labour Law states: “Should the work entrusted to the worker enable him to meet the clients of the employer or know the business secrets thereof, the employer may require from the worker not to compete with him or participate in any competing project upon the termination of the contract for the validity of such agreement ... and the agreement shall be limited, with regards to time, place and type of work, to the extent necessary for the protection of the legal interests of the employer.” Given LC’s role in the company, this is not relevant to their situation.

This clause is intended to prevent employees who are party to sensitive corporate information from using it elsewhere, not to stop people from changing jobs, and is not relevant for junior employees. For such a clause to be applied, the employer would have to go to court to make a case against any worker. In this case, they would have no chance of winning, so it is an unfair threat.

The employer cannot apply for a ban in this case as LC has given notice under the contract terms, has not absconded and has been with the employer for about three years. There must be a proper reason for a ban to be requested and that is not the case here; it is another empty threat.

It is always disappointing to read about businesses that treat their employees in this manner

Under UAE law, an employer must pay any money owed to the employee and cancel the visa in a timely manner. They should not delay or demand the acceptance of additional work-related clauses.

This employer’s demands and threats are illegal and LC should register a case against them with the Ministry of Human Resources and Emiratisation by contacting their helpline on 800 60.

It has come to my attention that a business near to where I live is not operating within the law. I know that they make their staff work very long hours, for up to 12 hours a day and sometimes seven days a week, keep their passports and are always late in paying their salaries.

The staff are afraid of the owner and are shouted at if they complain or ask for their salary on time. Is there a way that they can make a complaint without giving their names, or can I do this for them? For my own reasons, I cannot be too involved but I want to help. TW, Dubai

It is always disappointing to read about businesses that treat their employees in this manner. The working hours and retention of employee passports are illegal under UAE law. There are also rules in place about the payment of salaries that come under the Wages Protection System.

The best option is to contact Al Ameen, a service set up by Dubai Police in 2003 that allows residents and visitors to make anonymous reports and complaints about a range of issues.

I understand it was designed to assist with the reporting of serious crimes but it can also assist with any issue in which the UAE law is being broken.

You can call Al Ameen toll-free on 800 4888 or email your complaint to alameen@emiratesnet.ae. They can also be contacted via various social media channels. All enquiries are treated in confidence and the identity of the complainant is not released to any third party or to the employer, in this case.

Keren Bobker is an independent financial adviser and senior partner with Holborn Assets in Dubai, with more than 25 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information only

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Indika
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Saturday (UAE kick-off times)

Watford v Leicester City (3.30pm)

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West Ham v Wolves (8.30pm)

Bournemouth v Crystal Palace (10.45pm)

Sunday

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Everton v Liverpool (10pm)

Monday

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COMPANY PROFILE

Name: N2 Technology

Founded: 2018

Based: Dubai, UAE

Sector: Startups

Size: 14

Funding: $1.7m from HNIs

Suggested picnic spots

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Umm Al Emarat Park
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Al Bateen beach
Saadiyaat beach
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Al Nahda Pond Park
Mushrif Park
Safa Park
Al Mamzar Beach Park
Al Qudrah Lakes 

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UAE currency: the story behind the money in your pockets
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Favourite food: “I'm a vegetarian, so I can't get enough of salad.”

Favourite film:  “I love watching documentaries, and am fascinated by nature, animals, human anatomy. I love watching to learn!”

Best spot in the UAE: “I fell in love with Fujairah and anywhere outside the big cities, where I can get some peace and get a break from the busy lifestyle”

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Sunday, February 3, 2019 - Rome to Abu Dhabi
1pm: departure by plane from Rome / Fiumicino to Abu Dhabi
10pm: arrival at Abu Dhabi Presidential Airport


Monday, February 4
12pm: welcome ceremony at the main entrance of the Presidential Palace
12.20pm: visit Abu Dhabi Crown Prince at Presidential Palace
5pm: private meeting with Muslim Council of Elders at Sheikh Zayed Grand Mosque
6.10pm: Inter-religious in the Founder's Memorial


Tuesday, February 5 - Abu Dhabi to Rome
9.15am: private visit to undisclosed cathedral
10.30am: public mass at Zayed Sports City – with a homily by Pope Francis
12.40pm: farewell at Abu Dhabi Presidential Airport
1pm: departure by plane to Rome
5pm: arrival at the Rome / Ciampino International Airport

The specs
  • Engine: 3.9-litre twin-turbo V8
  • Power: 640hp
  • Torque: 760nm
  • On sale: 2026
  • Price: Not announced yet
The specs

Engine: 2.9-litre twin-turbo V6

Power: 540hp at 6,500rpm

Torque: 600Nm at 2,500rpm

Transmission: Eight-speed auto

Kerb weight: 1580kg

Price: From Dh750k

On sale: via special order

Dubai World Cup factbox

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Most wins by a jockey: Jerry Bailey(4)

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Engine: Duel electric motors
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Yahya Al Ghassani's bio

Date of birth: April 18, 1998

Playing position: Winger

Clubs: 2015-2017 – Al Ahli Dubai; March-June 2018 – Paris FC; August – Al Wahda

UAE currency: the story behind the money in your pockets