The Ministry of Human Resources and Emiratisation (MOHRE) has confirmed that during the probationary period, an employee can only be transferred to another employer's establishment within the country if one of the following conditions is met:
These controls are: The employee must either notify the original employer at least one month in advance or compensate them with a sum equal to the worker’s wage for the notice period or the remaining period. The original employer has the right to demand compensation from the new employer for the costs of recruiting and contracting with the worker.
The employee must notify the original employer at least 14 days before the specified termination date, or the employee must compensate the original employer with an amount equal to the total wage for the entire notice period, or the employee must compensate the original employer with an amount equal to the total wage for the remaining period.
If the notice period is not adhered to, the worker will not be granted a work permit for one year from the date of resignation.
The Ministry clarified that, after fulfilling the following conditions, the parties to the contract are permitted to change its type: the consent of both the employee and the employer; fulfilment of all obligations under the first contract; and compliance with the procedures specified by the Ministry.
Furthermore, the Ministry explained that the law and its associated regulations permit employers to safeguard the confidentiality of their business without compromising its interests or the rights of its employees.
A number of controls have been put in place to enforce the non-competition clause, which specifies the following: the geographical scope of application of the clause, the duration of the clause, which shall not exceed two years from the date of termination of the contract, and the nature of the work, which shall cause serious damage to the legitimate interests of the employer.
In the event of a dispute over the non-competition clause that cannot be settled amicably, the matter shall be referred to the courts and the burden of proof for any damages shall lie with the employer.
The non-competition clause shall not apply if termination of the contract is attributable to the employer or a breach of their legal or contractual obligations. It is permissible to agree in writing not to enforce the non-competition clause after termination of the employment contract.