I signed a non-compete clause, does that mean I cannot work for a year?
a. A wage of (21) twenty one days for each year of the first five years of service;
b. A wage of (30) thirty days for each year exceeding such period.
c. The foreign worker shall be entitled to a benefit for parts of the year in proportion to the period spent at work, provided that he completed one year of continuous service.
Here's our ESB/Gratuity Calculator:
If a dispute arises over the non-competition clause and it is not settled amicably, the matter shall be referred to the judiciary and the burden of proving the alleged damage shall lie with the employer.
Moreover, the non-competition clause shall not apply if the reason for terminating the contract is attributed to the employer or the breach of his legal or contractual obligations. It may also be agreed in writing between the employee and employer not to apply the non-competition clause after the termination of the employment contract.
As a general rule, the worker shall be exempted from the non-competition clause under the following conditions:
a. If the worker or the new employer pays to the previous employer, compensation not exceeding three months of the worker’s wage as agreed upon in the last contract, subject to the previous employer’s written consent thereto.
b. If the contract is terminated during the probationary period.
c. Any professional categories that are in demand in the national labour market and determined by resolution of the Minister in accordance with the workers’ classification approved by the Cabinet.
Sign up for the Daily Briefing
Get the latest news and updates straight to your inbox