UAE: Can I claim expenses and sue if an employee resigns after probation and joins a competitor?

Question: I am a business owner. Three months ago, I brought an employee from his home country to work for my company. I paid his travel expenses, residency permit fees, and training fees. However, he has now resigned from his job after completing his probationary period. He has now taken a job with a competitor. What is the appropriate legal action to take against this employee? Do I have the right to demand all the expenses that I incurred? Do I also have the right to file a lawsuit against the company that employed him and demand compensation? Please advise.

Answer: If the employee is still in the probation period agreed upon in the contract and resigned, you will have the right to demand all the expenses you incurred, including from the new company. But if he completed the probationary period agreed upon in the contract and then he resigned, you will not be eligible for these rights because if the worker successfully passes the Probation Period and continues to work, the contract becomes valid in accordance with the terms agreed upon, and that period must be counted within the service period.

According to Article 9 of the labour law, in the event that the worker wishes to move, during the probation period, to work for another employer in the State, he must notify the original employer in writing within a period not less than one month as of the date of his desire to terminate the contract. The new employer shall compensate the original employer with the costs of recruiting or contracting with the worker, unless agreed otherwise.

Regarding working for a competitor, you can sue him only in case you had agreed upon in the work contract that he shall not, after the termination of the contract, compete with you or participate in any competing project in the same industry.

In all cases, you have the right to sue him if you discover that he discloses any of the work secrets related to industrial or intellectual property, which results in your losses and gains him a personal benefit.