# Housing Allowance and Contract Question



## usasf999 (Feb 9, 2010)

Hi All,

I recently received an offer from an employer (Mullti National Company) in Dubai. I haven't signed a contract yet: The contract stipulates that: upon evidence that my spouse (who works for totally a different company) doesn't receive housing allowance, I will get such amount! The other part relates to no competion clause: 
- I can not work for a direct competitor for a period of 12 months should I decide to leave them or should they decide to dismiss me (there was no mention that the 12 months start after the 3 months probation period). Knowing that there is only one competitor ( my specialty is in a very limited field), this basically puts me in a deadlock. 

My question is as follows: 
1- Can they force me to disclose my spouse's package. isn't this infringement of privacy? I don't want my wife's package to be discussed with anyone else
2- is it normal to ask for no compete for this period of time without paying me anything during that 12 months. And is it fair to ask that the 12 months starts after the probation period.

Thank you


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## Jynxgirl (Nov 27, 2009)

If you do not like that part of the contract, negotiate against it. As for the wife salary, I dont see where they should have ever known that your wife was already here or had a job. You opened that can of worms and will have to now negotiate it. I do not believe there is a law about it, but if you are on your wives visa, then they already know/knew and they will not give you said package normally as they realize they dont have to. If that is the case, then ask for more money to make us the difference they are saving themselves. It is all about negotiating.


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## nat_c (Mar 7, 2010)

usasf999 said:


> Hi All,
> 
> I recently received an offer from an employer (Mullti National Company) in Dubai. I haven't signed a contract yet: The contract stipulates that: upon evidence that my spouse (who works for totally a different company) doesn't receive housing allowance, I will get such amount! The other part relates to no competion clause:
> - I can not work for a direct competitor for a period of 12 months should I decide to leave them or should they decide to dismiss me (there was no mention that the 12 months start after the 3 months probation period). Knowing that there is only one competitor ( my specialty is in a very limited field), this basically puts me in a deadlock.
> ...


In my contract it's something like I can't take customers with me who I've dealt with in the last 6 months to a new employer. 

I don't find anything too strange with what your employer is saying, however if you aren't working for a company why would you expect them to pay you for 12 months of no work for them? I'm pretty sure the 'competition' would also have a similar clause in their contact if you worked for them also.

It probably doesn't sound too fair to start after the 3 months probation but hey ho that's life!


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## Seabee (Jul 15, 2010)

The 'no competitor for 12 months' is a standard clause and many, maybe most, companies include it.

As for the rest, they didn't need to know about your wife working. But if you've already volunteered that info then I assume a letter from your wife's employer saying they don't pay her an accommodation allowance will be enough, you won't need to disclose her package. If you object to doing that, then as Jynxgirl said, you'll have to negotiate.


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## Midos (Jun 25, 2010)

The 'no competitor for 12 months' is normal. I myself have the same clause in my contract. It is for the company to protect its interest. Because when you work with clients on daily basis you will create bond with them. The company don't want you to take the client account with you when you leave hence the no competitor clause.


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## rsinner (Feb 3, 2009)

6 months of no-compete clause in my contract, which begins at any time I put this in writing (but I do not have to resign that day). Pretty fair


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## sdh080 (Jan 20, 2010)

It's almost impossible for them to enforce the competitor clause.


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## Flying Leprechaun (Jul 16, 2010)

actually it is. Never underestimate the legal prowess of your organizations' legal team. Besides, the law is more often than not 'Pro-Employer'. It pays to be cautious before you sign any agreements.


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## Yoga girl (Oct 19, 2008)

sdh080 said:


> It's almost impossible for them to enforce the competitor clause.


What planet do you live on? WIthout an NOC from the company he cannot work anywhere else for 12 months. The Ministry wont lift the ban without it.
I have a friend whose old company didnt want to give him an NOC and he was stuck. Sure you can work for another company but with no visa or legal status....


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## rsinner (Feb 3, 2009)

Yoga girl said:


> What planet do you live on? WIthout an NOC from the company he cannot work anywhere else for 12 months. The Ministry wont lift the ban without it.
> I have a friend whose old company didnt want to give him an NOC and he was stuck. Sure you can work for another company but with no visa or legal status....


But in hypothetical scenario, if the company is outside of UAE?
Though I would expect that the previous company still has legal recourse


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## Yoga girl (Oct 19, 2008)

If the company is outside the UAE then you are free to do as you wish. The law and contract apply here. But i guess that would also depend on the wording and how powerful the company is.


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## Seabee (Jul 15, 2010)

_"if the company is outside of UAE?"_

The non competition clause only applies to working for other companies in the UAE. The UAE authorities can't enforce such a clause on a company beyond its borders.


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## sdh080 (Jan 20, 2010)

Yoga girl said:


> What planet do you live on? WIthout an NOC from the company he cannot work anywhere else for 12 months. The Ministry wont lift the ban without it.
> I have a friend whose old company didnt want to give him an NOC and he was stuck. Sure you can work for another company but with no visa or legal status....


That's the official line, in reality it's not as clear cut as that. 

The old adage, where there's a will there is a way comes to mind.


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## Jynxgirl (Nov 27, 2009)

They could always then go work in the free zone.


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## sdh080 (Jan 20, 2010)

Jynxgirl said:


> They could always then go work in the free zone.


There's loopholes all over the place, several companies have more than one registration to allow for this.


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## usasf999 (Feb 9, 2010)

Yoga girl said:


> What planet do you live on? WIthout an NOC from the company he cannot work anywhere else for 12 months. The Ministry wont lift the ban without it.
> I have a friend whose old company didnt want to give him an NOC and he was stuck. Sure you can work for another company but with no visa or legal status....


Here is a proposed trick:

I ll resign, go on my wife's visa then from my wife's visa to the next employer. Flawless!


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## usasf999 (Feb 9, 2010)

In any case, thank you all for your replies. Sorted out the no compete clause (I can go work for any employer). Housing allowance unconditionally reinstated.


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