# Visa cancellation and non-compete clause



## Sakros1990 (Jul 16, 2021)

Dear user,
I need your opinion on the matter i am facing right now,
I am working for a company situated in abu dhabi on an unlimited contract from 2019. Last month i have submitted my resignation through email as i got the job with other organisation in uae.
I have told my manager that i will be moving to other organisation since we are having good relation, also my visa expired on last week of june 2021, i am currently on notice period of one month,
The company HR is sending me email saying that your resignation is not accepted and there are pending projects which you have to complete before moving on, so you have to renew the visa and then after proper hand over to new employee you can leave in 6 months.
I have formally informed through email again that i wont accept the retrieval of resignation and wont continue for the visa renewal, so please cancel my visa.
My manager had told hr that i am moving to one of competitor and should enforce the non Compete clause on me.(didn't expect this from him)
On my mol offer letter eleventh article written that: the second party is not allowed to work with any cometetors for 1 year cancaellation in uae.
But it has not mentioned the role which i can not join. 
As i am staying in uae with my wife and need to cancel her visa too,
Need the help or suggestions before its to late and worst condition arises. Thank you


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## Stevesolar (Dec 21, 2012)

Hi,
Firstly - a company cannot refuse your resignation - especially if you have completed 2 years now.

Non-compete clauses are difficult for companies to enforce here.
Did you actually sign a non-compete clause as part of your original contract?
To be enforceable - a non-compete clause generally needs to meet certain conditions.
Firstly - they should only be for 6 months and only apply in the Emirate that your company/visa are from.

Secondly - you need to be in a position where you are party to company information & “secrets” that would be useful to a competitor.

Thirdly - if you moved to a competitor and your company tried to take you to court for breaching a non-compete clause - they need to prove a financial loss that you are directly responsible for (actually quite tricky to prove!).

Having stated all the above - companies can still make it difficult for you to resign and change jobs - by dragging their feet over visa cancellation, paying end of service benefit etc.
Cheers
Steve


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