UAE: Can Employers Terminate Employees During Pregnancy?

Question:

I am six months pregnant with a high-risk pregnancy. I asked my company for remote work, which is usually allowed for my role, but instead, I received a termination letter. I have been a senior employee for four years and was about to receive a significant bonus. Do I have any legal rights?

Answer:

Under UAE Employment Law, you have certain protections as a pregnant employee. According to Article 30 (8) of Federal Decree Law No. 33 of 2021, it is illegal for an employer to terminate a female employee due to pregnancy, maternity leave, or absence related to pregnancy. The law explicitly states:

“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 same law prohibits employers from pressuring employees or misusing legal provisions for their benefit.

In extraordinary situations, the law allows remote work. Article 36 (1) (a) of Cabinet Resolution No. 1 of 2022 mentions that remote work can be offered during emergencies, keeping in mind the interests of both employees and employers. However, this provision doesn’t specifically address individual emergencies like yours.

Moreover, a termination without valid cause could be deemed arbitrary under Article 47 of the Employment Law. Arbitrary dismissal occurs if an employee is terminated after filing a valid complaint against the employer. Compensation for arbitrary termination could include up to three months’ salary, based on factors such as harm caused, work type, and service length.

What Can You Do?

1. Request Remote Work: If your role allows remote work and it’s a standard practice in your company, your employer should consider this instead of termination.
2. Challenge the Termination: If you believe your termination is unjustified, you can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). Seek compensation for arbitrary dismissal, as well as any entitlements like your pending bonus.

Disclaimer: This is for general guidance and not a substitute for legal advice. Contact a legal professional for personalized assistance.