UAE: Can an employer terminate employee during pregnancy?

Question: I am six months pregnant and have a high-risk pregnancy. I asked my mainland company for permission for remote work – something that is generally offered for my role and company. But instead, I got a termination letter. I have worked extremely hard for four years in this company and held a senior position. This termination means I have to forego a sizeable bonus that I would have received in the next month or so. Do I have any legal rights in this scenario?

Answer: Pursuant to your queries, the provisions of the UAE employment law and its subsequent cabinet resolution are applicable.

In the UAE, an employer may not terminate a female employee during her pregnancy, for availing maternity leave, or being absent from work for reasons related to her pregnancy. This is in accordance with the Article 30 (8) of the Federal Decree Law No. 33 of 2021 on the Regulation of Employment Relations (the ‘Employment Law’).

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“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.”

Further, an employer may not misapply the provisions of the Employment Law, or take any action to curtail the freedom of an individual or enforce pressure on him or her. This is in accordance with Article 65(2) of the Employment Law, which states, “The employer or employee may not misapply the provisions of this Decree-Law and its Executive Regulations and implementing resolutions, and neither of them may take any act which might put pressure on the other's freedom or the freedom of other employees or employers, with the intent to achieve any interest or point of view contrary to the freedom of work or the jurisdiction of the competent authority to resolve disputes.”

Additionally, in emergency situation, taking into account the needs of all parties involved in the employment, the option of remote working is provided in the Employment Law. This is in accordance with the Article 36 (1) (a) of the Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree Law No. 33 of 2021 regarding the Regulations of Employment Relations

“Subject to the provisions of the Decree-Law and this Resolution:

1. In extraordinary emergency situations, as determined by a Cabinet resolution, work measures that are commensurate with the circumstances of those cases may be applied, taking into account the interests of all the parties to the employment relationship. Such measures shall include without being limited to the following:

a. Applying the remote work system.”

However, the Employment Law and the subsequent ministerial resolutions are silent on application of the aforesaid provisions relating to an employee’s personal emergency condition.

An employer may not terminate an employee without a valid reason and such termination by an employer may be considered as arbitrary termination.

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

“1. A dismissal of an employee by his employer shall be arbitrary if the employee submits a serious complaint to the Ministry or files an action proven to be valid against the employer.

2. The employer shall pay the employee a fair compensation estimated by the competent court, if it is found that the dismissal is arbitrary pursuant to paragraph (1) above.

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