Category: Employment

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. And 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:

1. UAE Federal Employment Law – applicable to mainland UAE and most free zones, including DMCC, JAFZA, and DAFZA;
2. DIFC Employment Law – governing employment within the Dubai International Financial Centre;
3. 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, 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. (2) An Employee has the right to return to work at the end of Parental Leave to the same or a substantially similar role on the same terms and conditions of employment and with the same level of seniority the Employee had immediately prior to taking Parental Leave.”

Moreover, Article 59(1) states:

(1) An Employer must not discriminate against an Employee regarding employment or any term or condition of employment on the grounds of the Employee’s (f) pregnancy and maternity.

As with federal law, the substantive protection is similar – but the procedural enforcement and remedy structure are notably stronger.

Key Features

• 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 do any of the following:

1. make a declaration as to the rights of the complainant;
2. order the respondent to pay compensation not exceeding the employee’s annual wage; and/or
3. make an appropriate recommendation.

ADGM Employment Regulations: Common Law Protection in Practice

ADGM’s Employment Regulations 2024 similarly provides protections for pregnant women and women on maternity leave.

Under Section 53(1):

“An Employer must not discriminate against an Employee regarding employment or
any term or condition of employment on the grounds of the Employee’s – (c) pregnancy and maternity.”

Under Section 32(4):

“A female Employee has the right to return to work at the end of Maternity Leave granted under this section 32 to either the same role or a suitable alternative on substantially the same terms and conditions and with the same seniority rights she would have had if she had not taken Maternity Leave.”

Key Features

• The burden of proof lies with the employer to show that the dismissal was unconnected to pregnancy.

• In the event discrimination due to pregnancy is demonstrated, Article 53(8) authorises the ADGM Courts to do any of the following:

1. award compensation to the employee amounting to up to three (3) years of the employee’s wages; and,
2. order the employer to take specified steps to obviate or reduce the adverse effect on the employee (or any other person).

• If termination takes place while an employee is on maternity leave, Section 33(5) of the regulations hold: “If the Employee’s employment is terminated by the Employer under Section 56(2) during Maternity Leave, the Employer must pay the Employee the Maternity Pay which she would have received had her employment continued until the end of her Maternity Leave.”

 Comparison Snapshot: Legal Frameworks for Termination During Pregnancy

Conclusion: Legal Protections Exist, But Enforcement Varies by Jurisdiction

All UAE employment laws prohibit firing an employee because she is pregnant. But they do not prohibit firing someone while she is pregnant – unless pregnancy is the reason.

• Where your employment is governed makes all the difference.
• The same dismissal could lead to limited compensation under Federal Law, or full recovery and reinstatement under DIFC or ADGM.
• For companies and individuals alike, understanding jurisdiction is essential – not just what the law says, but how it is applied.

In the UAE, the concept of “wrongful termination,” as it is known in some other jurisdictions, no longer exists as a standalone legal claim. While the term still echoes in common workplace conversations, UAE law today does not recognize the idea of “punishing” an employer for firing an employee without justification—or vice versa.

Instead, termination and resignation are legally treated as equal and permissible ways to end employment. And most importantly: neither is considered wrongful or penalized by the law. In that sense, UAE employment law now reflects the principle of “employment at will.”

Employment at Will: The UAE Model

Under the UAE’s current Employment Law—Federal Decree-Law No. 33 of 2021—either party to the employment relationship is free to end it, at any time, for any reason. This freedom applies to both employers and employees.

• Employers can terminate an employee with or without cause.
• Employees can resign at any time, with or without justification.

There is no legal requirement to explain, justify, or defend the reason for termination or resignation.

The only requirement? Pay what is due.

This legal structure aligns the UAE more closely with jurisdictions like the United States, where employment at will is the default. That said, the UAE still provides stronger protections than the US, particularly in the form of mandatory notice periods and end-of-service benefits.

Termination Without Cause: Not Illegal, But Compensable

The UAE law does not prohibit employers from terminating an employee without cause. Instead, the focus is entirely on compensation. When employment ends—no matter the reason—employees are entitled to specific financial payments.

This includes:

• Minimum one-month notice period (unless the employment contract stipulates a longer period)
• Unpaid salary, commissions, or bonuses
• Accrued but unused annual leave
• End-of-service gratuity (EOS)
  • 21 days of basic salary for each year of service (up to 5 years)
  • 30 days of basic salary for each year of service beyond 5 years
• One-way repatriation ticket, if applicable

There is no automatic additional compensation just because the employee was dismissed abruptly or without stated cause.

Retaliatory Dismissals: The One Exception

There is a narrow exception under Article 47 of the UAE Employment Law: if an employee is terminated for filing a serious complaint or legal claim against the employer, and the dismissal is determined to be retaliatory, the employee may be entitled to additional remedies.

This is the only instance where the UAE law considers the motive behind the termination—and provides potential recourse beyond statutory dues.

How Things Used to Be: Penalties Under the Old Law

Prior to the 2021 amendment, UAE employment law did penalize both parties under certain conditions:

• Employers could be liable for arbitrary dismissal, requiring up to three months’ salary as compensation for terminating without cause.
• Employees could be penalized for early resignation, especially during a fixed-term contract:
  • Reduced or lost end-of-service benefits
  • Compensation to the employer, equal to 1.5 times their monthly salary

Additionally, employees terminated for cause could lose their end-of-service gratuity altogether.

All of these punitive elements have been removed under the new law.

Equal Footing: The Modern Approach

The 2021 reform created a more balanced system:

• No penalty for employers who terminate—as long as compensation is paid.
• No penalty for employees who resign—as long as notice is given.

It’s a clean break approach. Employment ends when one party says so. The only question is what compensation is owed. Nothing more. Nothing less.

A Word on International Comparisons

Unlike in many European jurisdictions, UAE employers do not need to justify terminations to government authorities. There are no tribunals requiring approval or reinstatement. There is also no legal grace period during which the employee continues to receive full salary until the termination is finalized.

By contrast, in many European countries, employers must:

• Provide cause for termination;
• Follow strict procedures;
• In some cases, wait for labor court approval.

In the UAE, such red tape does not exist.

Know Your Rights and Responsibilities

• The UAE operates on a form of employment at will.
• Both parties can end employment at any time, for any reason.
• There is no legal punishment for doing so.
• The only consequence is compensation, and this is clearly defined by law.
• The previous penalties for early resignation or arbitrary dismissal no longer apply.
• The law now places both sides on equal footing.

Understanding this framework is essential for both employers and employees. Whether you are negotiating a contract, planning your career, or preparing for a separation, knowing the rules empowers you to make informed choices, legally and strategically.

In the UAE, training costs in employment contracts are a complex and often misunderstood aspect of labor law. Employers seek to protect their investment in employee development, while employees must be aware of their rights and obligations regarding training-related expenses. A recent court case has shed new light on this issue, emphasizing the importance of clear agreements and proper documentation.

What Are Legitimate Training Costs?

Training costs refer to expenses an employer incurs to enhance an employee’s skills beyond their immediate job duties. These costs may include:

• Specialized Courses & Certifications: Programs that offer valuable, transferable skills applicable outside the employee’s current role.
• Direct Financial Outlay by the Employer: The employer must have paid for the training and be able to provide proof of the expenses.
• Pre-Agreed Written Agreement: A documented agreement specifying repayment terms, signed by both employer and employee.
• Relevance to Professional Development: The training must contribute to the employee’s career growth rather than routine job training.

Common Misconceptions About Training Costs

Many employers assume that any training they provide is automatically reimbursable if an employee resigns. However, UAE courts assess whether the training provides skills beyond basic job requirements. Routine in-house training sessions, workshops, or orientations typically do not qualify as reimbursable expenses unless explicitly stated in an enforceable contract.

Case Study

A significant case that highlights the complexities of training cost recovery involved a dispute between an employer and a former employee.

• Case Background:
  • The employee was initially under a fixed-term contract, which later transitioned into an unlimited term agreement.
  • Upon resignation, a dispute arose regarding the reimbursement of training costs.
  • The employer sought repayment of a substantial amount for specialized training.
  • The employee argued that the training had taken place before any repayment agreement was signed and that there was no clear documentation proving the employer’s direct financial outlay.
• Key Court Findings & Criteria for Valid Training Cost Recovery

The UAE courts carefully examined several critical factors:

1. 1. Timing of the Agreement vs. Training: The training should align with a pre-signed agreement. In this case, the training had occurred before the repayment agreement was formalized, raising doubts about its enforceability.
   2. Evidence of Employer Payment: The employer must provide invoices, receipts, or financial records proving that the training cost was incurred.
   3. Clear Contractual Terms: The repayment obligation should be explicitly stated in the contract with clear terms to ensure transparency for employees.

This ruling reaffirmed that training costs must be substantial, directly incurred by the employer, and documented appropriately to qualify for reimbursement.

Takeaways for Employees

Employees should take proactive steps to protect their rights:

• Review Contracts Carefully: Before signing, thoroughly understand any clauses related to training costs and repayment obligations.
• Seek Clarification: Ask for clear explanations of what constitutes reimbursable training and the required evidence.
• Evaluate Fairness: Consider whether the training provides transferable skills that justify a repayment agreement.

Best Practices for Employers

Employers looking to enforce training cost recovery must ensure compliance with UAE labor law:

• Maintain Clear Documentation: Keep comprehensive records of training costs and agreements.
• Avoid Retroactive Clauses: Applying repayment terms retroactively can weaken the enforceability of the claim.
• Ensure Transparency: Communicate repayment conditions clearly to employees to minimize disputes.

Conclusion

This recent case serves as a critical lesson for both employers and employees in the UAE. While employers have the right to recover legitimate training costs, they must ensure that agreements are legally sound, properly documented, and fairly structured. Employees, on the other hand, must be diligent in reviewing contracts and understanding their obligations before committing to any repayment terms.

By fostering transparency and adhering to legal guidelines, both parties can create a balanced and fair employment relationship that benefits all involved.

Employment Law in the UAE has undergone significant updates with the introduction of the Federal Decree-Law No. 9 of 2024. This decree amends certain provisions of the UAE Employment Law, specifically Federal Decree-Law No. 33 of 2021, with particular focus on Articles 54 and 60. These changes, effective from August 28, 2024, bring four major amendments to the existing legal framework.

I. KEY AMENDMENTS

1. Longer Statute of Limitation for Employment Cases
Perhaps most notably, the new statute extends the statute of limitation to file employment cases. This new law allows parties to file a court case as long as 2 years after the employment relationship has been terminated. Actually, it extends the time period from the previous 1-year statute to 2 years. Where the statute of limitation is the time within which parties ought to come to the court with their disputes, and after that time lapse, the right to apply to the courts gets forfeited. In this new period, employers and employees both are subjected. This amendment comes through Federal Decree-Law No. 9 of 2024, amending Article 54 of Federal Decree-Law No. 33 of 2021.

2. Amendment in the Procedure for Appeal against MOHRE Decisions
It has also amended the procedure for disputing the decisions of the MOHRE. The right to decide on the employment disputes whose claim amount is less than AED 50,000 has been given to MOHRE. Parties who will disagree with the MOHRE’s verdict would approach the Court of Appeals earlier. Objections under the new law in this respect are, therefore, to be submitted to the Court of First Instance but no later than 15 days. A judgment of the Court of First Instance is now final and may thus be enforced. An appeal to the Court of Appeals will no longer be possible. This is accordingly the content of Federal Decree-Law No. 9 of 2024.

3. Increased Sanctions for Violations of Labor Laws
Sanctions for violations of UAE Labour Laws have lately been considerably increased. The quantity of the sanctions that have just been set ranges from AED 100,000 to AED 1,000,000 in respect to, amongst others, the following contraventions:
• Hiring and employing employees without a valid work permit.
• Abuse of a work permit by placing it at the disposal of an unintended party.
• In the event of any winding up or closure prior to making payments to the workers’ dues.

Examples are the hiring of non-well-registered employees and the selling of work visas to people not related to the business. On the positive note, the revised fine amounts to five times more than the previously recorded fines standing between AED 50,000 and AED 200,000, indicating a more strict application/implementation. This was through the amendment to Article 60 of the UAE Employment Law by way of Federal Decree-Law No. 9 of 2024.

4. New Fines for Violations in Respect of Emiratization
The new law for the first instance introduced a type in penalties with respect to the Emiratization requirements whereby serious punishments are imposed on employers who employ fictitious employees just to fulfill legal obligations of employers or assist them to fulfill their obligations. Further, fictitious employees reap benefits from any program, scheme, or pension which punishes them. To this, some fines include:
• Fines: The minimum amount is AED 100,000 and goes up to AED 1,000,000.
• Benefits that were an incentive or returned benefit for which the employer has already paid out of pocket should be returned without charging their value from the employees.

These penalties help in harmonizing the policies of Emiratization and preventing abuses with regard to benefits related to employment. The Federal Decree-Law No. 9 of 2024, which amends Federal Decree-Law No. 33 of 2021, makes the aforementioned modification to Article 60.2.

II. CONCLUSION
Recent amendments to the UAE Employment Law demonstrate a serious movement as far as the way employment disputes are dealt with and violations are penalized. The extension of the statute of limitation also comes into focus, besides a new mechanism of appeal against the decisions of MOHRE, increased fines for a host of violations, and penalties relating to Emiratization—all points toward a more strict regulatory regime in the days to come. All these changes, therefore, coming into effect from August 28, 2024, reflect that the UAE is seriously committed to enhancing the regulations of the labour market and their compliance in a much better way. The changes would be in place so that both employers and employees can be at par with each other, acquainted with the changing face of the legal world.