Pregnant Employee’s Dismissal After Filing Complaint May Be Unlawful Under UAE’s Labour Regulations

A pregnant employee dismissed shortly after filing a complaint against her employer may be entitled to compensation if it is proven that the termination was linked to her grievance rather than her performance, according to the UAE’s latest labour regulations.

 

Under Article 47 of the Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations, an employee’s dismissal is considered unlawful (or arbitrary) if the termination occurs as a result of the worker filing a serious complaint with the Ministry of Human Resources and Emiratisation (MoHRE) or initiating a lawsuit against the employer -- provided that the complaint or lawsuit is valid.

 

Legal experts explain that while employers retain the right to end employment contracts for legitimate reasons such as underperformance or redundancy, dismissing an employee because she exercised her right to lodge a formal complaint constitutes a violation of labour law.

 

In such cases, it is often observed that an employer’s attitude towards an employee may shift after learning of her pregnancy, with increased scrutiny over performance or attendance. If the employee subsequently files a complaint regarding this treatment and is later dismissed on grounds such as “lack of performance,” the termination may raise questions about whether it was genuinely performance-related or a retaliatory act.

 

However, UAE courts require clear documentary evidence to establish that the dismissal was indeed retaliatory. Simply filing a complaint is not sufficient to prove arbitrary dismissal. The burden of proof lies with the employee, who must demonstrate that the termination was prompted by her complaint or pregnancy rather than by legitimate performance concerns.

 

This principle was reaffirmed in Judgment No. 33/2024 of the Labour Cassation Court, issued on March 26, 2024, where the court held that dismissal linked to an employee’s lawful complaint can be deemed unlawful if there is convincing evidence to support the claim.

 

If the court determines that a dismissal was arbitrary, the employee may be entitled to compensation in addition to other end-of-service benefits. The compensation amount, determined by the court, can reach up to three months’ wages based on the employee’s last drawn salary.

 

The UAE’s labour law also includes protections for pregnant employees, prohibiting termination on grounds of pregnancy or maternity leave. Employers are encouraged to adopt equitable workplace practices and ensure that performance reviews or disciplinary actions are based solely on objective criteria rather than personal circumstances such as pregnancy.

In summary, while an employer can dismiss an employee for legitimate reasons, terminating her shortly after she files a complaint -- or because she is pregnant -- may be deemed arbitrary and unlawful under UAE law, giving her the right to seek compensation through the courts.

 

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