Claiming arbitrary dismissal for termination without a reason - Q&A - Legal Advice Middle East

Question

Q: I got pregnant. I informed the management. I have been told that I can't go on maternity leave and I should submit my resignation. I just want to know if the law protects me... A: In case the employer terminates your employment service without just cause you will be able to claim your rights...

Alaa Momtaz · Accepted Answer

There is no law or a procedure that can protect you or prevent your termination by the employer. In the end, it's his company and he can hire/fire any employee at any time. However, the law protects your rights against such termination in the event the employer terminates the employee without a just cause (Arbitrary dismissal), without the proper procedure and without a justified reason. In these cases, the employee has the right to file a complaint before the Ministry of Labor and claim for all his entitlements in addition to 3 months' full salary for the unlawful termination (Arbitrary dismissal). Article 122 of the UAE Labor Law stipulates that: "Termination by the employer of an employee's service is considered arbitrary if the cause for such termination has nothing to do with the work. In particular, termination is considered arbitrary if the employee's service has been terminated on grounds, or a reasonable complaint lodged by him to the competent authorities, or on grounds of a justifiable action brought by him against the employer." Article 123 of the UAE Labor Law stipulates that: "If the employee has been arbitrarily dismissed, the competent court has the jurisdiction to give judgement against the employer for payment of compensation to the employee. The court shall determine the amount of this compensation, taking into consideration the nature of work sustained by the employee, period of service and after the investigation of dismissal circumstances, provided that in all cases the amount of compensation should not exceed the employee's pay for a period of three months, to be worked out on the basis of last pay due to him." In light of the above, in case the employer terminates your employment service without just cause you will be able to claim your rights before the Ministry of Labour and then the case is referred to the Courts to obtain a judgment. Try to obtain a record or a written email or witnesses to prove that the reason for their termination was with regards to your maternity leave and not anything else so you can prove the same before the court. Finally, there is no ban if you have completed 3 years of service. For your information and knowledge, please review Articles 30 and 31 in Section 3 in the UAE labour law no 8 of the year 1980 which is available in the "Laws and Regulations" section on Legal Advice Middle East. Hope the above has clarified your queries and should you need any further assistance in the event the employer insists on his position, please do not hesitate to send me an email to take this matter further. The above provided does not constitute a legal advice and is provided for information only.

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