UAE Labor Laws Safeguard Female Employees During Pregnancy and Maternity Leave

In the UAE, female employees are protected from termination during pregnancy or for reasons related to maternity leave. Under Article 30(8) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the "Employment Law"), it is explicitly stated:

• “It is not permissible to terminate the service of the female employee or notify her of the same because of the pregnancy, having a maternity leave, or her absence from work in accordance with the provisions of this Article.”

Additionally, Article 65(2) of the Employment Law prohibits employers from taking actions that might misuse the provisions of the law or put undue pressure on employees to achieve interests contrary to the freedom of work or lawful jurisdiction.

The law also addresses flexibility in extraordinary circumstances. Article 36(1)(a) of Cabinet Resolution No. 1 of 2022 outlines that remote work can be offered in emergency situations, ensuring that the needs of all parties in the employment relationship are balanced. While this provision is not specifically designed for personal emergencies, it underscores the importance of accommodating employees in exceptional circumstances.

If an employer terminates an employee without a valid reason, this may be considered arbitrary termination under Article 47 of the Employment Law. Arbitrary termination occurs if an employee is dismissed after filing a legitimate complaint or legal action against the employer. In such cases, the employer is required to pay fair compensation as determined by the court, which could be up to three months' salary based on the employee’s last drawn pay.

Employees in such situations are also entitled to severance pay and any other dues, such as bonuses, as outlined in the law.

In cases where termination during pregnancy is deemed unjustified or arbitrary, employees have the right to file a complaint with the Ministry of Human Resources & Emiratisation (MOHRE). They may seek compensation for arbitrary termination as well as any other entitlements that were denied.

Employers are encouraged to explore alternatives such as remote work, especially when it is a standard practice for the role, rather than resorting to termination. UAE labor laws strongly emphasize protecting the rights and dignity of employees, particularly during critical life events such as pregnancy.