In accordance with the requests, it is assumed that the employer is located on the mainland of Dubai, so the provisions of UAE labor legislation apply.
In accordance with the requests, it is assumed that the employer is located on the mainland of Dubai, so the provisions of UAE labor legislation apply.
The female employee is entitled to a total maternity leave period of 60 days. This period includes 45 days with full pay and 15 days with half pay. This provision is stipulated in Article 30 of Federal Decree-Law No. 33 of 2021 on the Regulation of Labor Relations (Labor Law).
The employer is obliged to grant the female employee maternity leave upon her request at any time. The start of the leave must fall on the last day of the month immediately preceding the month in which the birth is expected. To confirm this, a certificate issued by a medical facility is required, according to Article 30 (5) of the Labor Law.
Based on the aforementioned legal provisions, employees are entitled to 60 days of maternity leave, consisting of 45 fully paid and 15 partially paid days, and may receive additional unpaid leave in cases of medical necessity related to pregnancy or childbirth.
If the employer fails to comply with these provisions, a labor complaint can be filed with the Ministry of Human Resources and Emiratisation (MOHRE). Based on this complaint, the Ministry may attempt to settle the dispute amicably.
If an amicable settlement with the employer through MOHRE is not reached, the employee can file a labor lawsuit against the employer in a court with jurisdiction in the Emirate of Dubai. The competent court will examine the substance of the claim, including the employer's unlawful refusal to grant the employee her legally entitled maternity leave rights, as well as any remedies or compensation the employee may be entitled to.
In response to an inquiry about the possibility of filing a lawsuit for unjustified dismissal after termination due to cost reduction, it is assumed that the employee works in mainland Dubai. It is also assumed that the employer notified the dismissal in accordance with the contract terms and the employee is currently serving the notice period.
The applicable provisions are Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (Labour Law) and Cabinet Resolution No. 1 of 2022 on the Implementation of Federal Decree-Law No. 33 of 2021. In the UAE, an employer has the right to terminate an employment contract by notifying the employee within the stipulated period, as stated in the employment contract. This corresponds to Article 43 (1) of the Labour Law, which states: 'Either party to the employment contract may terminate the contract for a valid reason by notifying the other party in writing. The employee must perform their duties during the agreed notice period, provided that the notice period is not less than 30 days and not more than 90 days.'
However, an employer cannot dismiss an employee without a valid reason. If the dismissal occurs without legal grounds, it may be considered an unjustified dismissal. According to Article 47 of the Labour Law:
'1. The employee's dismissal by the employer shall be considered unjustified if the employee files a serious complaint with the Ministry or initiates legitimate legal proceedings against the employer. 2. The employer must pay the employee fair compensation, assessed by a competent court, if it is established that the dismissal is unjustified according to paragraph (1) above. The amount of compensation is determined based on the type of work, the extent of damage caused to the employee, and the duration of their service. In any case, the compensation amount must not exceed three months' salary of the employee, calculated based on the last salary received by them. 3. The provisions of paragraph (2) above do not prejudice the employee's right to receive compensation in lieu of notice and end-of-service gratuity due under these provisions.'
Based on the aforementioned legal provisions, dismissal due to cost reduction may be recognized as an unjustified dismissal. However, if the employer faces a serious financial crisis, they may be forced to cease operations upon receiving a corresponding resolution from a local authority or court with jurisdiction in the UAE, thereby terminating the employment contract.
This is stipulated in Article 25 (1) (b) of Cabinet Resolution No. 1 of 2022, which states: 'Taking into account the provisions of Federal Decree-Law No. (9) of 2016 on Bankruptcy and Federal Decree-Law No. (19) of 2019 on Insolvency, as well as the provisions of paragraph (8) of Article (42) of the Decree-Law: 1. The employment contract is terminated in the following cases: (b) Issuance of a decision by the relevant authorities stating that the employer cannot continue its operations for exceptional economic reasons beyond its control.'
Consequently, if an employee believes they were dismissed without legal grounds, they can file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) seeking compensation for unjustified dismissal, as well as for other end-of-service payments. After filing a complaint with MOHRE, the authority may attempt to settle the dispute between the employee and the employer amicably. If an amicable settlement is not reached through MOHRE, the employee may file a labour lawsuit against the employer in a court having jurisdiction in the Emirate of Dubai.
A Kenyan woman who found herself in Dubai after traveling to the UAE in search of work is receiving assistance to return home with her newborn baby.
The woman arrived in the UAE hoping to find employment and support her family in Kenya. However, a number of complex circumstances prevented her from finding a job or paying for her trip home. While she was in the UAE, she gave birth to a child, which left her without housing, income, and the necessary travel documents.
She and her infant are currently residing at the Dubai Accommodation Center, managed by the General Directorate of Residency and Foreigners Affairs (GDRFA). This center is intended for individuals who have overstayed their visas or are in vulnerable situations. Staff are working with Kenyan authorities to process all documents required for the mother and child's return.
While at the center, they are provided with temporary accommodation, food, medical care, clothing, and other necessities. Furthermore, the center offers psychological counseling and social support, and specialized teams coordinate with embassies to obtain emergency travel documents and arrange flights.
Major General Mohammed Ahmed Al Marri, Director General of GDRFA Dubai, noted that many people who end up in this facility were deceived by recruiters in their home countries. He emphasized that they came to the UAE with the goal of earning money to support their families but were misled even before leaving.
Al Marri stated that staff view these individuals not merely as immigration cases, but as human beings needing support during one of the most difficult periods of their lives. He added that the personnel strive to understand the circumstances of each resident and help resolve the legal and practical problems preventing them from returning home, stressing that they listen to and support the people.
The situation of the Kenyan mother is one of thousands of cases processed by the center annually. These include people who have lost their jobs, overstayed their visas, or become victims of recruitment fraud. The mother and child will remain at the center until the documentation is complete and the trip is arranged. For the mother, this assistance means the opportunity to finally put an end to months of uncertainty and start a new chapter in life with her child back home.
