Latest news with #labourlaw
The National
3 days ago
- Business
- The National
‘Is a non-compete clause valid if I quit during the probation period?'
Question: I started a new job in April and am still in my probation period of up to six months. I am not happy, so plan to resign as soon as I find another job. Do I need to give notice in my probation period? For how long? When I started, they made me sign a non-compete clause even though I am only an accounts clerk and am not involved in the sales side at all. Will this cause a problem, and can this company stop me from taking a new job? What if the new job is for a similar business? NR, Dubai Answer: NR is required to give his employer written notice of his resignation. This always applies, even if someone is on probation. This is covered in UAE labour law, Article (9), which states: 'If the worker wishes to move during the probationary period, to work for another employer in the State, he shall notify the original employer of the same in writing within not less than one month from the date of his wish to terminate the contract.' The same clause adds: 'And unless agreed otherwise, the new employer shall compensate the first employer for recruitment or contract costs. ' Note that costs are borne by the employers, not the employee. In this situation, the non-compete clause will not be enforceable. This was covered in the follow-up legalisation to the main labour law, Cabinet Resolution No. (1) of 2022 Concerning the Executive Regulations of Federal Decree-Law No. (33) of 2021 Regulating Labour Relations. Article (12) of this states: 'The worker shall be exempted from the non-compete clause … in accordance with the following conditions: b. If the contract is terminated during the probation period. ' The non-compete clause protects the interest of a business and should not be used as a way of preventing any departing employee from taking another job. It does not apply to all employees in any business and for such a clause to be upheld in a court, the company would need to demonstrate that there would be genuine harm to their business in some way. The burden of proof is on the employer. This is made clear in the executive regulations, which state that such a clause is only relevant if it can be demonstrated that 'the work's nature … causes gross damage to the employer's legitimate interests'. To clarify, NR must give one month's written notice, will not be bound by a non-compete clause, and all costs must be borne by his employers. Q: I work for an international company with an ADGM visa and transferred to them at the start of 2024. It was a very busy year, so I did not take my entire annual leave. I have asked for all eight days to be added to this year's leave, but the HR department is not letting me do that. I was able to carry days forward when working for the company in Hong Kong, so it seems unfair that the rules are different. What does the law say so I have all details before I make my complaint? HC, Abu Dhabi A: HC is a permanent employee with a contract of employment under ADGM, so the provisions of this employment law are the only ones that apply. He should have signed a contract that states this. The provisions that apply are those set out in the latest rules, Employment regulations 2024, which came into effect on April 1, 2025. Section 21 covers annual leave and clause 2 states: 'An employee is entitled to carry forward accrued but untaken vacation leave into the next vacation leave year for a maximum period of 12 months, after which any unused vacation leave carried forward from the previous vacation leave year shall expire. The amount of accrued but untaken vacation leave to be carried forward may be agreed between the employer and the employee, provided that nothing shall prevent an employee from carrying forward at least five days of vacation leave in each vacation leave year.' All employers must apply the provisions in the relevant law as a minimum, although they can choose to offer benefits above the minimum required. Five days is the amount stated in law but the employer can choose to permit more. If the reason is due to pressures of work, HC should speak to his manager to request special dispensation to carry forward additional days of annual leave, although there is no legal obligation to do so. Should the company refuse to permit his request, there are no grounds for a complaint under the ADGM employment regulations.
Times of Oman
24-05-2025
- Business
- Times of Oman
Over 12,000 Labour Law violators nabbed in five months
MUSCAT: The Security and Safety Services Corporation (SSC) has intensified its role in enforcing labour market regulations, with 12,319 labour law violators arrested and 7,615 deported across Oman in the first five months of this year, according to its CEO, Retired Brigadier Saeed bin Sulaiman Al Asmi. Al Asmi said the crackdown is being conducted in close cooperation with the Ministry of Labour, aimed at upholding Oman's labour laws, particularly those relating to Omanised professions. 'These efforts are part of a broader national objective to regulate the labour market and ensure compliance with the laws of the Sultanate,' he said. He added that SSC's authority stems from its judicial policing powers and over 35 years of operational experience, which enable its inspection units to act decisively. In 2024, SSC apprehended 23,566 labour law violators, with 18,053 deported as part of its enforcement drive. Parallel to its enforcement efforts, SSC continues to make major strides in national employment. The corporation has become a model for effective public-private collaboration, providing specialised security and safety services while also contributing significantly to job creation for Omanis. Al Asmi confirmed that the corporation has achieved 100 percent Omanisation, with a workforce exceeding 12,210 citizens from all governorates of the Sultanate. 'This is a clear reflection of our unwavering commitment to empowering and qualifying Omani cadres according to the highest professional standards,' he said. From the beginning of this year until May, 665 Omani citizens have been recruited by SSC. Looking ahead, the corporation plans to absorb approximately 2,000 more Omanis —both male and female — by May 2026. He emphasised, 'This success would not have been possible without the continued support of the state and the confidence placed in us by governmental and private institutions. It also reinforces our vision to be a national enabler in building a sustainable and stable work environment.' Al Asmi said that SSC invests heavily in the training and field readiness of its staff. The corporation trains around 1,800 citizens annually to qualify them for positions in security, safety, and guarding. 'We are keen to ensure that all our personnel are trained both practically and in the field, which enhances their capabilities and preparedness for diverse tasks,' he explained. Coastal monitoring In addition to its labour enforcement and corporate security services, SSC also contributes to the protection of Oman's natural resources. In partnership with the Ministry of Agriculture, Fisheries and Water Resources, the corporation monitors coastal zones to prevent illegal fishing activities. 'Using advanced tools such as drones and specially equipped surveillance vehicles, our teams work to safeguard fish stocks and marine life,' said Al Asmi. 'So far, more than 400 citizens have been trained in this domain through joint initiatives between our two entities.' Looking ahead, SSC is planning to expand its services further by embracing innovation in security technology. 'We aspire to broaden our expertise in industrial firefighting and occupational health services, with a focus on artificial intelligence in firefighting technologies,' said Al Asmi. He added that the corporation is working on a strategy to establish regional branches across Oman by 2030, further enhancing its reach and readiness to meet the growing demands of both public and private clients. Al Asmi reiterated SSC's unique role as a national model for integrated safety and security services, powered by Omani talent. 'We provide a safe and stable environment for institutions, and we do this with trained Omani cadres who perform their duties with a high degree of professionalism,' he said. He described the corporation as a 'supportive umbrella' for young Omanis in the private sector and a cornerstone of sustainable national development. 'Our path forward remains rooted in service excellence, national employment, and our responsibility to uphold the law.' - (With ONA inputs)
