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frantzgregory
frantzgregory, Lawyer
Category: Immigration Law
Satisfied Customers: 628
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I'm an Iranian national on Tier 2 visa in the UK and like

Customer Question

Hi
I'm an Iranian national on Tier 2 visa in the UK and like all Tier 2 worker I had many difficulties to find job. So I had no option but to accept some terms in contracts even-though they seemed quite unfair. According to my contract:
"Employee agrees not to offer paid or unpaid services to the customers of the Company or be employed by them after the termination of his employment with the Company. This limitation can be waived at the sole discretion of the Company."
As long as my employer is currently offering service to the National Iranian Oil Company and according to Iranian Law all companies should either work as contractor or in partnership with National Iranian Oil Company, this article is banning me from working in my home land in the profession for which I studied at least 8 years up to masters' degree for the rest of my life!. Do you believe I can void this article or get compensation from the company for such terms?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 3 months ago.

This is called a non compete clause and should usually be for 12 months or no more than 24 months after termination otherwise can be seen as unfair. Any non compete clause without a duration is uneforceable.

Customer: replied 3 months ago.
Thanks Frantz. Does that mean it's completely legal if I work for the customers of the company after the termination of the contract?
Customer: replied 3 months ago.
I want to know what would happen if I take this to the court. What would be the outcome.
Expert:  frantzgregory replied 3 months ago.

What does the non compete clause say exactly?

Customer: replied 3 months ago.
Employee agrees not to offer paid or unpaid services to the customers of the Company or be employed by them after the termination of his employment with the Company. This limitation can be waived at the sole discretion of the Company.
Customer: replied 3 months ago.
As I said if this clause was enforced I'd have nowhere to work in my home country. Because petroleum industry is nationalized there and wherever I go I'm actually giving service to the National Iranian Oil Company which is a customer of my current employer.
Expert:  frantzgregory replied 3 months ago.

I dont believe this clause is enforceable. But if you are still concerned please seek legal advice.

Customer: replied 3 months ago.
Thanks Frantz but I thought I'm supposed to receive legal advise here. My answer on possible outcome of such case is not answered yet.
Expert:  frantzgregory replied 3 months ago.

A non compete clause must have a durational period otherwise it is not likely to be enforceable in court. The information you have provided does not have a duration and therefore unlikely to be enforced if you took employment. This is a suggestion i have given on a possible outcome.

Customer: replied 3 months ago.
what's the use of this clause.
It's already annoying to me. Is that all of it's use?
Expert:  frantzgregory replied 3 months ago.

Perhaps it was not drafted properly

Customer: replied 3 months ago.
I can see it myself.
Expert:  frantzgregory replied 3 months ago.

I am glad you can.

Customer: replied 3 months ago.
I believe I've been referred to a wrong lawyer because this case is about labor rights not immigration.