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Changing jobs to another company with similar activities

Last activity 19 February 2018 by XTang

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shebypaulmathew

Hi I work for a local company in Bahrain I gave my resignation two weeks back and my contract it is mentioned that I cannot work for in the same field as I'm working now in my contract with current employer my designation is customer support engineer and my hr is asking me to sign a government paper agreement  which says I cannot work in similar field for one year if found to work then I've to pay compensation. I will be joining a company under the designation of sales engineer mechanical will be handling almost similar products but different brands and clients should I sign the document is it an obligation. If I refuse to sign the document I'm scared that my final settlement and I've to get commission for previous year will not be given to me.
If I sign it will it affect me in the future.? Please advice

XTang

Look; as a general rule of thumb, when you resign from a company, the only papers you need to sign are your resignation and acknowledgement that you have received your dues :)

Restrictive competitive covenants such as the one you mentioned above are complicated.  In most of the GCC they cannot be enforced.  For these to be enforced, it has to be usually a defined period and a defined geographical area.  And for the company to claim compensation, it must prove that it suffered damages due to your actions which is next to impossible to prove.  However, since you are in the same country, the proceedings may still disrupt your new job.

Secondly, even if these are part of your initial contract, you should not have to sign a paper when you are leaving. The only time that happens is when the employer is giving you a separation package i.e. extra money on top of what you are owed and wants this in return.   As far as the final settlement is concerned, it is legally your right as per the labor law i.e. indemnity, un-availed leaves etc.  This has got nothing to do with signing or not signing that paper. 

Have they said that they won't pay you unless you sign?

If so, take a copy of that paper and go to Ministry of labor in Isa town  and get their opinion.  After that approach the employer with a refusal to sign quoting the MOL opinion on the matter.

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