UAE: Can Employers Legally Terminate Employees During Pregnancy?

Question: I am currently six months pregnant and have a high-risk pregnancy. I requested permission from my mainland company to work remotely, which is typically offered for my role. However, I received a termination letter instead. I have dedicated four years to this company, holding a senior position, and this termination means I will lose out on a significant bonus that I was due to receive soon. Do I have any legal rights in this situation?

Answer: In response to your inquiry, UAE employment law provides specific protections for female employees, particularly regarding termination during pregnancy and maternity leave. Under Article 30(8) of the Federal Decree Law No. 33 of 2021 (Employment Law), an employer is prohibited from terminating a female employee due to her pregnancy, maternity leave, or pregnancy-related absences.

The law also prevents employers from misapplying the provisions of the Employment Law or taking actions that could pressure employees in a way that infringes on their rights, as per Article 65(2). Moreover, the law allows for remote work in emergency situations, as outlined in Article 36(1)(a) of the Cabinet Resolution No. 1 of 2022, which permits work measures, including remote work, to be applied in extraordinary circumstances.

Regarding your termination, the Employment Law requires that dismissals be based on valid grounds. If your dismissal is not based on a legitimate reason, it may be considered arbitrary. As per Article 47, an employee who faces an arbitrary dismissal may be entitled to compensation, with the amount determined by the competent court, but not exceeding three months' salary.

Based on these provisions, it appears that your termination may not be justified, especially if your role can be performed remotely. Employers are also prohibited from terminating female employees due to pregnancy or related medical conditions. You may consider filing a complaint with the Ministry of Human Resources and Emiratisation for compensation for arbitrary dismissal, along with any other entitlements, such as your bonus.

News Source: Khaleej Times