Navigating Pregnancy and Job Security in UAE
Pregnancy and Job Termination in UAE: Employee Rights
Labor laws and regulations in the United Arab Emirates (UAE) strongly protect the rights of employees, including pregnant women. In the case outlined below, an employee received a termination notice while six months pregnant from a position she had worked hard in for four years, which also offered the opportunity for a significant bonus in the near future. Below, we detail the rights of pregnant employees and the potential steps they can take in such situations.
Why might dismissal be unlawful?
The UAE labor laws, including Federal Law No. 33 of 2021 and its supplementary regulations, strictly regulate the termination of employment. In the situation you described, the termination may be deemed arbitrary, especially if the following circumstances are present:
1. The dismissal occurred because of the pregnancy.
2. The employee faced unjustified discrimination, for example, being denied a request for telework while other employees in similar situations were granted this option.
3. The dismissal aimed to prevent a bonus or compensation that the employee would have been entitled to.
What can the employee do?
1. File a Complaint with MOHRE
The UAE Ministry of Human Resources and Emiratisation (MOHRE) handles matters related to the protection of employee rights. The employee can file an official complaint outlining the situation and request an investigation into the legitimacy of the termination. If the dismissal is found to be unjust, the employer may be required to pay compensation.
2. Submit a Claim for Compensation
If the employee suffers financial loss due to the termination, such as a missed bonus or salary, they may request reimbursement. According to UAE law, in cases of arbitrary dismissal, the employee may be entitled to payment for the remaining period and other dues.
3. Negotiation and Mediation
MOHRE provides an opportunity for negotiation with the employer, where mediation might be offered to resolve the dispute. This process is often quicker and less costly than legal proceedings.
Special Protection for Pregnant Employees
According to UAE labor laws, pregnant employees can expect the following entitlements:
Maternity Leave: At least 60 days of paid maternity leave, including 45 days at full pay and 15 days at half pay.
Health Support: The employer must allow the employee to attend medical check-ups during pregnancy.
Equal Treatment: Discrimination based on pregnancy is strictly prohibited.
Employer's Responsibility
The employer is responsible for ensuring the respect of employee rights and compliance with applicable labor laws. If wrongful termination is proven, the employer may face sanctions such as fines or compensation obligations.
Conclusion
The protection of pregnant employees is ensured by UAE laws, and arbitrary dismissal is unacceptable. If you feel that your rights have been violated, contact MOHRE and seek expert advice for resolving the situation. Maintaining a balance between work and private life is crucial, and the UAE aims to ensure the well-being of all employees.
