Human resource is the backbone of every business enterprise irrespective of its asset, strength, operation and liability. It is categorically proved that Human Resource is the greatest asset which cannot be replaced by any other raw ingredients of business. The mobility of human resource is the need of time for assuring the greater innovation in the trade, science and technology. On the other way, the mobility often results in the fear of employer that the trade secrets will be leaked out to the competitor resulting in the collapse of business. The unfair competition by seducing the employer of another sponsor needs to be prevented at any cost, similarly the unfair attitude of employee to join with the competitor with the ulterior motive of sharing the trade secrets of previous employer need to be countered by the law. Both principles have been well considered by the UAE legislature in the perfect manner by inculcating the spirit of the requirements through the proper legislations. UAE Federal Law No. 4 of 2012 is passed for assuring the competition through the prevention of unfair trade practice in the market. The control over the employee is already placed under Art. 127 of UAE labor law. The authorities in the state are very strict in the correct implementation of Competition clause of employer- employee relationship. The endeavors of employer to prevent the mobility of employee through the shelter of Competition clause are often strike down by the courts of the UAE. However, the state is vigilant to assure the fair trade practice through the employer mobility for assuring the greater innovation.
feel free to contact for issues in trade secret protection and unfair trade practice. Email Id: [email protected] Mobile : +971527520742
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