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Friday, December 26, 2008
Non-competition clause does not apply if employer fails the contract
Dubai: The clause included in employment contracts to prevent an employee from working for a competitor does not apply if the employer does not meet the contract obligations, said a senior Ministry of Labour official.
Humaid Bin Deemas, Acting Director General at the ministry, said that an employer cannot ask to enforce a ban on a worker who joined a competitor if he did not fulfil his contractual obligations.
Deemas was commenting on an employer who asked the ministry to enforce a ban on one of his previous employees because he broke the non competition clause but the ministry refused as the employer did not meet his contractual obligations according to a court ruling.
Restriction to freedom
"The non competition clause is a restriction to the worker's freedom therefore they are several rules that limit the use of the competition clause," said Deemas adding that it should not be applied without regulations.
The non competition clause should not be applied for anybody who is below 21 years, it should only be applied for jobs in which the employee would have had access to the company's secrets or acquainted with its clients.
Also it should be only for a limited time period, according to article 127 in the labour law.
There are 2800 professions registered at the ministry of labour out of which only some can have a non competition clause to be included in the employment contract, according to Deemas.
"It is important to understand that the non competition clause cannot be used merely as a mean to prevent the movement of workers and cannot be applied for all job categories." said Deemas. "The real purpose of the clause is to safeguard the employer's lawful interests," said Deemas.
"If a non competition clause is applied for example for constructions workers it is immediately considered not valid as the nature of the job does not enable the worker not have access on companies' secrets or make him interact with its clients," he said.
Tuesday, December 16, 2008
MoL Wants More Jobs for Emiratis
Adel Arafah (Khaleej Times) - 17 December 2008
ABU DHABI - The Ministry of Labour (MoL) has proposed restructuring of visa fees for bringing in expatriate workers in a bid to create more job opportunities for Emiratis, according to a plan unveiled on Tuesday.
Minister of Labour Saqr Ghobash Saeed Ghobash told the Federal National Council (FNC) session that the ministry wants to encourage skilled expatriate workers to come to the UAE.
However, the government is under pressure to find jobs for 250,000 nationals to raise the strength of the UAE national workforce to 500,000 by 2020. Reminding the national jobseekers that the public sector would not accept more newcomers, the minister urged them to foray into the private sector.
On the expatriate workers, the ministry proposes to reduce the visa fees of highly skilled professionals and increase the fees for bringing menial and unskilled workers into the country.
The plan would be submitted to the National Demographic Structure Committee soon to decide on its enforcement. “The Federal Government is in the process of forming a permanent council for demographic structure with a mandate of finding drastic solutions to the issue,’’ Saeed Ghobash revealed.
The council would restructure the economic pattern so as to diversify the labour market in the country to create new job openings.
He noted that 65 per cent of the expatriate workers in the country are in the construction and retail sectors.
“We are also drafting another plan to tackle the imbalance in the demographic structure through extensive use of modern machinery by the public and private sectors.” This move, in his view, would eliminate unwanted workforce.
Members of the FNC, meanwhile, proposed to the MoL to consider varying fees for bringing in workers in accordance with the importance of the business and the economic activity for which they are to be employed.
Fees could be reduced for companies with high productive value, with aim of boosting the trend towards less number of employees but adopting advanced technology.
The house also called for increasing fees for bringing in menial workers, such as those involved in retail sale outlets, small restaurants, food outlets and
cafeterias. It also recommended specifying the quotas for employing non-Arab nationalities according to the geographical regions they belong to.
adel@khaleejtimes.com
THE UNITED ARAB EMIRATES - FACT SHEET
THE UNITED ARAB EMIRATES
The
Desert Heritage
The emirate was inhabited as far back as the third millennium BC, but the
The discovery of oil in 1958 and its subsequent export from 1962 produced a sudden upsurge in
Traditions
The city’s progressive vision is tempered with a deep-seated respect for traditions and culture, and tucked away between modern towers are heritage locales that tell tales of
Places of Interest
The city of
Deira's many attractions include the historic quarter of Bastakia, as well as old souks and covered marketplaces. Wandering along the alleys, you can explore the Spice Souk and the Gold Souk. The
On the Bur
If you drive west from the city centre, you will reach the popular suburb of Jumeirah, home to some of Dubai's finest luxury hotels and resorts, unspoilt stretches of sunny beaches and water sports complexes. In Jumeirah is the Grand Mosque, re-built in 1998, with the city's tallest minaret, nine large domes and 45 small domes - a distinguished landmark and an important place of worship.
About 115 Km south east of
In contrast to the traditional attractions of
Best Buys and Bargains
The city is one of the largest retail gold markets in the world, selling everything from ingots to intricately hand crafted jewellery, and bargaining is welcomed almost everywhere. The Gold Souk area in Deira has glittering street-front stores and hides dozens of alleys housing smaller shops. The newly built Gold and
The city is also home to some of the
The larger shopping mall complexes also house cinema theatres, food courts, entertainment centers and play areas for children, allowing for complete family shopping experiences.
Choose to browse through the older markets and the narrow walkways located in the Meena Bazaar, Karama and Naif areas, dedicated to inexpensive reproductions of international brands; leather goods and textiles; computer and electrical accessories and Arabic perfumes.
Most shopping venues and cultural destinations sell a range of gifts and souvenirs representing
Seasonal Highlights
Varying from the world's richest horse race - The
While the actual dates of many important events are timed to match the season, the Lunar calendar and the holy month of Ramadan change from year to year. The chart below provides a guideline to the city's many events:
January - The
February - The
March -
April - International Jewellery exhibition
May - Local and international events
June -
July -
August -
September - Gulf IT Exhibition (GITEX), Local and international events (
October -
November - Horse racing season, Dubai Traditional Dhow Sailing Race
December - Rugby 7s, Dubai Air Show, Dubai Grand Prix, National Day celebrations
Rest and Recreation
Dubai is an exciting year round destination that offers unlimited opportunities for rest and recreation, be it a walk through a lush green family park, an adventurous day in the waters of the Arabian Gulf, or a pampering session at one of the many health spas.
Beaches: Some of
Desert safaris: One of Dubai's most popular tourist attractions is the desert safari: a unique experience that combines an adventurous 4WD car ride over sand dunes with camels, belly dancers, henna designers, falconers, and a barbecue dinner by starlight. Other attractions include sand skiing, sand boarding, sand carting and 4WD desert driving
Fishing: The warmth and shelter of the Gulf attract a large variety of fish, and several local companies provide full and half day trips to the best fishing waters about 12Km offshore from the mainland.
Golf:
Treatments and therapies:
SHARJAH
Sharjah is a city of learning and the arts, as confirmed by its 1998 UNESCO designation as the Cultural Capital of the Arab World. This context facilitates the university's intention to be an academic center at the intersection of ancient cultural traditions and contemporary intellectual currents. The city of
Strategically situated between the
It was here that the British chose to set up their military base and the
Sharjah has beautiful beaches on the shores of the Arabian Gulf in the West, the
AJMAN
The Emirate of Ajman is situated on the coast of the
UMM AL-QAIWAIN
Umm al-Qaiwain is situated between
Umm al-Qaiwain's attraction lies in its long clean beaches, an enclosed lagoon and public horse riding stables. Located 50 Km south of Umm Al Qaiwain is Falaj Al Mulla, the agricultural part of the Emirate.
RAS AL-KHAIMAH
Ras al-Khaimah is the northern most emirate of the UAE. It’s history extends into antiquity. Archeological excavations reveal that a settlement with an advanced civilization that carried on trade with the Indian sub-continent existed in this region. Later historical records cite that the town of
The traditional occupations of this emirate are mainly fishing, trading and agriculture which have been heavily modernized to meet the demands of the UAE's economy. Fruits, vegetables, milk; poultry are supplied to the other emirates from here.
The sea around Ras al-Khaimah abounds in tuna fish. The mountains have enabled the set up of stone quarries and a cement factory. Also the oilfield of Saleh, has boosted up the revenues of the emirate.
Mina Saqr, located next to the town of
The Hajar mountain range that divides the UAE in two, from Ras al-Khaimah to Al Ain has kept
The Fujairah port is an important port for container liners and for the world's largest livestock shipping companies which have set up their main holding station for sheep and cattle for the entire
Its clean beaches, the numerous water sports like swimming, yachting, water surfing and deep sea fishing attract tourists all round the year. The