UAE: Can an employer fire an employee during pregnancy? – News

Question: I am six months pregnant and have a high risk pregnancy. I asked my mainland company for permission to work remotely, something that is typically offered for my position and company. But instead I received a letter of resignation. I worked very hard at this company for four years and held a management position. This layoff means that I will have to give up a significant bonus that I would have received in the next month or so. Do I have any legal rights in this case?

Reply: Based on your requests, the provisions of the UAE Labor Law and its subsequent Cabinet Resolution are applicable.

In the UAE, an employer cannot fire an employee while she is pregnant, taking maternity leave, or absent from work for reasons related to her pregnancy. This is in accordance with Article 30(8) of Federal Decree-Law No. 33 of 2021 on the Regulation of Labor Relations (“Employment Law”).

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“It is not permissible for a female employee to be terminated or notified of her service by reason of pregnancy, maternity leave or absence from work in accordance with the provisions of this article.”

In addition, an employer may not abuse the provisions of the Employment Law or take any action to restrict a person’s freedom or put pressure on him. This is in accordance with Article 65(2) of the Employment Law, which states: “An employer or an employee may not abuse the provisions of this Decree-Law and its Implementing Regulations and the regulations implementing it, and neither may take any action that may interfere with the freedom of another person or the freedom of other workers or employers with the intention of pursuing any interests or points of view contrary to the freedom of labor or the jurisdiction of the competent dispute resolution authority.”

In addition, in an emergency situation, taking into account the needs of all parties involved in employment, the Employment Law provides for the possibility of remote work. This is in accordance with Article 36 (1) (a) of the Cabinet Regulation No. 1 of 2022 implementing the Federal Decree-Law No. 33 of 2021 on the regulation of labor relations.

“Taking into account the provisions of the Decree-Law and this Resolution:

1. In extreme emergency situations determined by a resolution of the Cabinet of Ministers, labor measures may be applied that are proportionate to the circumstances of these cases, taking into account the interests of all parties to labor relations. Such measures include, but are not limited to, the following:

A. Implementation of a remote work system.”

However, the Employment Act and subsequent ministerial regulations are silent on the application of the above-mentioned provisions regarding the personal emergency of the employee.

An employer cannot fire an employee without a valid reason, and such termination at the initiative of the employer may be considered as arbitrary dismissal.

This is in accordance with Article 47 of the Employment Law, which states:

“1. The dismissal of an employee by his employer is considered arbitrary if the employee files a serious complaint with the Ministry or brings a valid claim against the employer.

2. The employer shall pay the employee fair compensation as calculated by a competent court if the dismissal is found to be arbitrary in accordance with paragraph (1) above.