UAE workers' rights in seeking amendments to offer letter explained

Question: A company offered me a job. My question is, according to the labour law, do I have the right to request that they amend some of the terms of this offer, such as reducing the probation period or increasing the annual leave period? And do I have the right to refuse to agree to the non-compete clause? Please advise

Answer: As a general rule, the worker has the right to seek amendment and agree upon any terms or conditions which are more beneficial for him and do not violate the law. According to Article 65 of the labour law, “the rights stipulated in the law represent the minimum rights for workers, and the provisions thereof shall not prejudice any of the rights granted to the worker under any other legislation, agreement, acknowledgment, system, or employment contract that grants the worker rights that are more beneficial than the rights established under the provisions of the labour law. Every condition that violates the provisions of the law, even if it is prior to its entry into force, shall be considered null unless it is more beneficial to the worker. Moreover, the Employer may create and implement organisational programmes or organisational regulations in the establishment that are more beneficial to the worker than what is established under the provisions of the law and its executive regulation. If such programmes and regulations conflict with the provisions of the law, the conditions that are more beneficial to the worker shall apply.”

Which means that you have the right to request to reduce the probation period or increase the annual leave or to refuse the non- compete clause (which seeks to restrict an employee from competing with his employer). But the employer should agree upon such amendments or else you have to abide by the rules of the law, according to which the probation period should not exceed six months as of the date of commencing work. Regarding annual leave it would be 30 days for each year of your extended service with full pay and two days for each month if your service period is more than six months and less than one year. As for the non- compete clause, it is up to both parties’ agreement and you have the right to not accept it, taking into consideration that you are not allowed to disclose the secrets of the work whether you signed the non- compete clause or not.