Welcome back to Lawgical, where we untangle the legal knots so that you do not have to. I am Ludmila Yamalova, a U.S.-qualified lawyer based in Dubai. In each episode, we break down complex laws into clear, practical insights you can actually use.
Today’s topic is one that raises a lot of questions and even more misconceptions: termination during pregnancy in the UAE. It is obviously a very sensitive subject, and a legally layered one. While termination because of pregnancy is prohibited, termination that simply happens during pregnancy is not expressly banned.
Let us unpack this, because the implications for both employees and employers are significant.
The Key Legal Distinction
A pregnant employee can be terminated as long as the reason is not her pregnancy or maternity leave. The moment the motive is tied to her pregnancy, the dismissal becomes unlawful. Proving that motive, however, is where things get tricky—and where jurisdiction plays a role.
In the UAE, there are at least three jurisdictions governing employment:
- Mainland and most free zones → governed by the Federal UAE Law.
- DIFC → with its own employment laws.
- ADGM → also with its own employment laws.
Depending on where the employee works, one of these three frameworks applies.
Federal UAE Law
The default law for most employment relationships in the private sector is Federal Decree-Law No. 33 of 2021 (the Labour Law).
- Article 30.8 states:
It is not permitted to terminate the services of a female worker or issue her a warning for absence from work due to pregnancy or maternity leave.
This means termination specifically because of pregnancy or maternity is illegal. However, a company may still terminate an employee during pregnancy if the reason is unrelated, such as:
- Business restructuring or downsizing
- Ongoing poor performance
- Financial difficulties
The difficulty lies in proving motive. Employers rarely admit pregnancy as the reason, and termination letters typically cite neutral causes.
Evidence in Court
If an employee believes she was dismissed due to pregnancy, her only recourse is court. Useful evidence might include:
- Timing of the termination (e.g., shortly after disclosing pregnancy) → circumstantial, but weak alone
- Emails, WhatsApp messages, or internal communications hinting at pregnancy as a factor
- Phone calls or voice messages
- Witness testimony from colleagues
The court will weigh the totality of evidence.
Compensation under Federal Law
If wrongful termination due to pregnancy is proven, the maximum compensation is:
- Up to three months’ total salary
There is no reinstatement, guaranteed maternity benefits, or extended remedies under federal law.
DIFC Employment Law
The DIFC framework is more protective.
- Articles 40 and 59 prohibit termination or changes to employment terms due to pregnancy or maternity.
- Fathers also have protected rights regarding parental leave.
Key differences from Federal Law:
- Burden of Proof → falls on the employer, not the employee.
- Courts presume termination during pregnancy is pregnancy-related.
- Employers must disprove this by showing performance issues, restructuring, or financial reasons.
- Compensation and Remedies:
- Up to one year of wages
- Possible reinstatement
- Guaranteed return to the same or similar role after maternity leave
ADGM Employment Law
ADGM goes even further, with its Employment Regulations of 2024.
- Section 53 → prohibits discrimination based on pregnancy
- Section 32 → guarantees return to the same or comparable role after maternity leave
- Section 33 → ensures full maternity pay if terminated during maternity leave, regardless of the reason
Remedies in ADGM
If wrongful termination due to pregnancy is proven:
- Up to three years of wages
- Guaranteed maternity pay
- Court-ordered corrective steps (e.g., reinstatement or extended compensation)
This makes ADGM the most employee-friendly jurisdiction in terms of pregnancy protections.
Recap
- Federal Law → termination due to pregnancy is illegal, maximum compensation 3 months’ salary.
- DIFC Law → employer carries the burden of proof, compensation up to 1 year’s wages, with possible reinstatement and benefits.
- ADGM Law → strongest protections, compensation up to 3 years’ wages, maternity pay guaranteed, and corrective measures available.
Final Takeaway
Across all UAE jurisdictions, termination because of pregnancy is illegal, but termination during pregnancy for unrelated reasons is still possible. The extent of employee protections and compensation depends on whether the employment falls under:
- Federal Law (most companies)
- DIFC
- ADGM
The more protective frameworks shift the burden onto employers and offer broader remedies.
That is it for this episode of Lawgical with Ludmila. If you found this episode useful and you like what we do, you can find more on our website at lylawyers.com. We are also on Apple Podcasts and Spotify, and for the full experience, you can watch our video podcast on YouTube.
Until next time—stay informed, stay safe, and keep things Lawgical.
