Employment Termination During Pregnancy in the UAE

Termination because of pregnancy is prohibited across all UAE legal systems. However, termination during pregnancy is not expressly prohibited – which creates an important legal and practical distinction for both employers and employees. In other words, a pregnant employee can be lawfully dismissed – but only if the dismissal is not connected to her pregnancy or maternity leave. This distinction matters enormously, especially when it comes to how the law treats such terminations, who bears the burden of proof, and what remedies are available if a claim is made.

Legal Frameworks in the UAE

In the UAE, those rules differ depending on where the employment is legally based. There are three separate employment law frameworks operating in the UAE:

• UAE Federal Employment Law – applicable to mainland UAE and most free zones, including DMCC, JAFZA, and DAFZA;
• DIFC Employment Law – governing employment within the Dubai International Financial Centre;
• ADGM Employment Regulations – governing employment within the Abu Dhabi Global Market.

While all three jurisdictions prohibit termination because of pregnancy, the burden of proof and remedies for breach vary significantly.

UAE Federal Employment Law: Protection with Limitations

Under Federal Decree Law No. 33 of 2021, Article 30(8) provides: “It is not permitted to terminate the services of a female worker or to issue her a warning for absence from work due to pregnancy or maternity leave.” This protects against terminations motivated by pregnancy or maternity leave, but does not prohibit termination during pregnancy for unrelated reasons – such as redundancy, restructuring, or performance.

Key Legal Limitations

• The law is silent on who bears the burden of proof. In practice, the employee must prove the dismissal was caused by her pregnancy.
• This is often extremely difficult, as employers rarely document such motives.
• Even when the employee succeeds – as determined by the court – Article 47 caps compensation at three months’ total salary.
• The law does not entitle the employee to maternity pay, lost benefits, or reinstatement in the event of termination during pregnancy.

Implication: Federal law recognizes pregnancy as a protected status, but it offers limited procedural support and modest remedies, making successful claims rare and compensation minimal.

DIFC Employment Law: Clearer Process and Broader Remedies

Under DIFC Employment Law No. 2 of 2019, Article 40(1) states: “An Employer shall not, because of an Employee’s pregnancy or Parental Leave: (a) terminate the Employee’s employment; or (b) change the Employee’s position or terms and conditions of employment without the Employee’s prior written consent.” Moreover, Article 59(1) states that an Employer must not discriminate against an Employee regarding employment or any term or condition of employment on the grounds of the Employee’s pregnancy and maternity.

Key Procedural Features

The procedural enforcement and remedy structure are notably stronger under DIFC law:

• The burden of proof is on the employer. If challenged, the employer must demonstrate that the dismissal was unrelated to pregnancy.
• In the event discrimination due to pregnancy is demonstrated, Article 61(5) authorises the DIFC Courts to make a declaration as to the rights of the employee.

Comparison of Pregnancy Termination Protections

The following table summarizes the key differences between the Federal and DIFC legal systems based on the provided framework: