# Limited contract in Dubai. Compensation for the employer and no maternity leave?



## Neondor (Apr 16, 2013)

Hello,
I would highly appreciate to have your feedback and point of view concerning an offer (limited contract) that I just had in Dubai.
As my husband faced huge problems with his previous employer in Dubai, I am quite afraid to sign a contract without understand all its components and then face real trouble.
My first question refers to the article 116 mentioned in the offer letter and that says : “Where a contract is revoked by the worker for reasons other than those specified in Article 121, he shall be required to compensate the employer for any prejudice the latter sustains as a result: provided that the amount of compensation shall not exceed half the worker’s remuneration for three months or the residual period of the contract” .
Does it mean that even if I respect the notice period in case of resignation, I should provide the employer a compensation of 45 working days? 
Second question is related to the maternity leave. According to the HR manager, I couldn’t benefit from it if ever I am pregnant and should the delivery occur before completing the first year of employment!!. In other terms, if I have a baby during the first year of employment, no maternity leave! In other terms, I won’t be able to go to work and I could be dismissed!
The offer is financially interesting but these terms seem to be a bit strict.
Any feedback, advice ?
Thank you.


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## QOFE (Apr 28, 2013)

Neondor said:


> Hello,
> I would highly appreciate to have your feedback and point of view concerning an offer (limited contract) that I just had in Dubai.
> As my husband faced huge problems with his previous employer in Dubai, I am quite afraid to sign a contract without understand all its components and then face real trouble.
> My first question refers to the article 116 mentioned in the offer letter and that says : “Where a contract is revoked by the worker for reasons other than those specified in Article 121, he shall be required to compensate the employer for any prejudice the latter sustains as a result: provided that the amount of compensation shall not exceed half the worker’s remuneration for three months or the residual period of the contract” .
> ...


It appears to be quite common with a "pregnancy clause" in the employment contracts here. Are you planning a pregnancy at the moment? The maternity benefits are poor here if you compare to what you get in most European countries. You wouldn't get months/years off on full/half pay...
I can understand that employers would like to have somebody working for longer than a few months. They will be investing in training up a new employee and that can take a few months so if the person then leaves it has been a waste of time.


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## _shel (Mar 2, 2014)

You wouldnt be entitled to maternity in most places until you worked for the employer for some time. You invest in them = they invest in you.


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## rsinner (Feb 3, 2009)

Neondor said:


> My first question refers to the article 116 mentioned in the offer letter and that says : “Where a contract is revoked by the worker for reasons other than those specified in Article 121, he shall be required to compensate the employer for any prejudice the latter sustains as a result: provided that the amount of compensation shall not exceed half the worker’s remuneration for three months or the residual period of the contract” .
> Does it mean that even if I respect the notice period in case of resignation, I should provide the employer a compensation of 45 working days?


For limited contracts the employer is just following the law. The limited contract by nature provides certainty to the employer (and employee) through its fixed term nature. So, yes, there would be compensation involved. Its 45 calendar days (not 45 working days which would be almost 2 calendar months) meaning 1.5 months of salary.



Neondor said:


> Second question is related to the maternity leave. According to the HR manager, I couldn’t benefit from it if ever I am pregnant and should the delivery occur before completing the first year of employment!!. In other terms, if I have a baby during the first year of employment, no maternity leave! In other terms, I won’t be able to go to work and I could be dismissed!


Again look at the labour law - article 30. http://www.deg.gov.ae/SiteCollectionImages/Content/pubdocs/UAE_Labour_Law_eng.pdf
The HR manager is incorrect. You would still be entitled to maternity leave of 45 days with half pay + 100 days without pay. I remember reading somewhere that new mothers cannot be fired for a certain time period (and the rule may be different for pregnant women). Maybe you could google and research.


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## Neondor (Apr 16, 2013)

Thank you for your replies.

I understand the position of the employer concerning this matter. As me and my husband are expecting a pregnancy, I don't know how to deal with this clause. The HR really insisted on that point and kept on asking me if I was planning a pregnancy... 

And what about giving back 45 working days if I break the contract ?. What does it mean ? Am I supposed to give a notice period if I would like to resign and to compensate them?

Is that also common in the UAE?


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