# Redundant while pregnant



## B8118 (Apr 10, 2011)

Hi,

I was just made redundant, and I am pregnant. I wonder if this is legal?

I live in Dubai.

Thanks!


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## md000 (Dec 16, 2008)

According to "Ask the Law" on Gulfnews you are entitled to your end of service pay, one month's pay (if no notice given), and, potentially, additional compensation. In addition, you are entitled to your maternity pay/leave rights regardless of dismissal. See the following links:

gulfnews : Arbitrary dismissal

gulfnews : Pregnant and redundant

gulfnews : Termination

I would contact Ministry of Labour and get it sorted.

-md000/mike



B8118 said:


> Hi,
> 
> I was just made redundant, and I am pregnant. I wonder if this is legal?
> 
> ...


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## B8118 (Apr 10, 2011)

First of all, thanks so much md000 for your prompt response.

I am checking those links at the moment. 

I wanted to mention that I called the ministry of labour number (800 665) and the person who attended my call said that I was not entitled to any compensation, not even the maternity pay!


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## rsinner (Feb 3, 2009)

First of all, sorry for your predicament - this is NOT the west, and labour rights are not the most developed and employers take full advantage of it. 
I guess your question has been answered in that you can do nothing much apart from claiming your end of service benefits, and notice period pay (if any). 

You can read through the (previous version of) labour law here (UAE Labour Law - GulfTalent.com) in case you have the patience and work out something. However, unfortunately I do not think you can do much.


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## Moe78 (Oct 29, 2010)

Call the ministry again and remind them of the law! Don't be surprised if you call again and get different answers, this place is filled with people who don't care or just don't get paid enough to bother learning about what they do.

This country is about as capitalist as you can get, only the rich and powerful matter and that's the awful truth!


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## CrowdedHouse (Feb 22, 2011)

I don't understand this whole "you have no rights here" talk. Firing someone for being pregnant is not legal and MOL will support you (if you come under their jurisdiction: ie not an FZ, maid/laborer or employed by a semi-gov't company).

That doesn't mean that on paper they aren't firing you for something else, even though to you (and others) it may seem obvious that it's because you are pregnant. But getting fired while pregnant doesn't necessarily mean you were fired because you were pregnant.

Don't call. Go down to MOL in person and have supporting documents. They are really quite helpful.


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## pamela0810 (Apr 5, 2010)

If the company has a valid reason for making you redundant, then I'm afraid there is nothing that you can do about it. Unfortunately, it doesn't really matter if you're pregnant or not. There is no labour law protecting pregnant women in Dubai. You are entitled to your end of service pay and the month's salary and any balance vacation that you may have accrued. It is highly unlikely that you can claim maternity leave, especially if you are still early in your pregnancy.


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## Canuck_Sens (Nov 16, 2010)

pamela0810 said:


> If the company has a valid reason for making you redundant, then I'm afraid there is nothing that you can do about it. Unfortunately, it doesn't really matter if you're pregnant or not. There is no labour law protecting pregnant women in Dubai. You are entitled to your end of service pay and the month's salary and any balance vacation that you may have accrued. It is highly unlikely that you can claim maternity leave, especially if you are still early in your pregnancy.


WOW that's horrible!!!


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## md000 (Dec 16, 2008)

pamela0810 said:


> There is no labour law protecting pregnant women in Dubai.


That is incorrect.

Chapter 2, Section 3, Articles 30-32 of the U.A.E. Labour Law deal DIRECTLY with maternity issues. These are quoted verbatim, below. The entire English language labor law can be found at: http://dubai.ae/opt/CMSContent/Active/Shared/Files/DEG_docs/UAE_Labour_Law_eng.pdf

-md000/mike

----Chapter 2, Section 3 U.A.E. Labour Law (2001) issuance---------
ARTICLE (30)
A working woman is entitled to maternity leave with full pay for a period of forty five 
days including the time before and after delivery, provided that her continuous period of 
service with the employer should not be less than a year, but if a working woman has 
not completed the said period, the maternity leave shall be with half pay. 
A working woman, on the expiry of the maternity leave, may discontinue work without 
pay for a maximum period of one hundred consecutive or intermittent days if such 
absence is due to illness which does not enable her to resume work. Such illness shall 
be evidenced by a medical certificate issued by a medical authority attested by the 
competent health authority or endorsed by such authorities to the effect that the illness 
resulted from pregnancy or delivery. 
Leave provided for in the preceding two paragraphs shall not be computed as part of 
other leaves. 
ARTICLE (31)
In addition to any prescribed rest period, a working woman nursing her child shall, 
during the eighteen months following the date of delivery, be entitled to two additional 
breaks each day for this purpose, neither of which shall exceed half an hour. 
These two additional periods shall be considered as working hours and shall not cause 
any reduction of remuneration. 
ARTICLE (32)
A working woman shall be entitled to the same wage as that of a working man, if she 
does the same work.


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## pamela0810 (Apr 5, 2010)

You are only entitled to 45 days maternity leave in the UAE (everyone knows that's not enough). 

My ex boss made my life a living hell when I was pregnant because he wanted me to quit, the stress of which actually resulted in several complications during my pregnancy. Then 30 days into my maternity leave, he wanted me to come back to work. So I quit  It was the best decision of my life.


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## md000 (Dec 16, 2008)

pamela0810 said:


> You are only entitled to 45 days maternity leave in the UAE (everyone knows that's not enough).


In the United States, you are entitled to ZERO days of paid maternity leave. Now, that's not enough.

-md000/Mike


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## pamela0810 (Apr 5, 2010)

md000 said:


> That is incorrect.
> 
> Chapter 2, Section 3, Articles 30-32 of the U.A.E. Labour Law deal DIRECTLY with maternity issues. These are quoted verbatim, below. The entire English language labor law can be found at: http://dubai.ae/opt/CMSContent/Active/Shared/Files/DEG_docs/UAE_Labour_Law_eng.pdf
> 
> ...


The OP did not specify the reason for her termination, all she said is that she has been made redundant and that she is pregnant. The company could have a valid reason for her termination, in which case all she is entitled to is her end of service benefits.

Pregnancy is not viewed as a disability in Dubai and so arbirtrary dismissal does not apply. The law that you have quoted above only highlights what a pregnant employee is entitled to if she is still employed with a particular company.

Unfortunately, all of this is thrown out the window if the company has a valid reason for the termination. As a woman, I wish things were different but I have seen cases where women are put at a terrible disadvantage because they were pregnant. I was one of them.


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## md000 (Dec 16, 2008)

pamela0810 said:


> The OP did not specify the reason for her termination, all she said is that she has been made redundant and that she is pregnant. The company could have a valid reason for her termination, in which case all she is entitled to is her end of service benefits.
> 
> Pregnancy is not viewed as a disability in Dubai and so arbirtrary dismissal does not apply. The law that you have quoted above only highlights what a pregnant employee is entitled to if she is still employed with a particular company.
> 
> Unfortunately, all of this is thrown out the window if the company has a valid reason for the termination. As a woman, I wish things were different but I have seen cases where women are put at a terrible disadvantage because they were pregnant. I was one of them.


I agree. If there was a valid reason for termination, then there is no recourse. If there was an arbitrary termination, as I pointed to in my first response, the Gulf News "Ask The Law" legal advisor indicated that the employee is entitled to full rights, including maternity leave. 

Please note - I am not a legal advisor. I am just reiterating what a reputable source noted (gulfnews ask the law section). My end recommendation is to physically go to the Ministry of Labor and file a complaint. They may be a bit slow, but an answer should be given.

-md000/mike


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## pamela0810 (Apr 5, 2010)

md000 said:


> I agree. If there was a valid reason for termination, then there is no recourse. If there was an arbitrary termination, as I pointed to in my first response, the Gulf News "Ask The Law" legal advisor indicated that the employee is entitled to full rights, including maternity leave.
> 
> Please note - I am not a legal advisor. I am just reiterating what a reputable source noted (gulfnews ask the law section). My end recommendation is to physically go to the Ministry of Labor and file a complaint. They may be a bit slow, but an answer should be given.
> 
> -md000/mike


I agree also


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## B8118 (Apr 10, 2011)

Hi,

Thanks for all your responses.

I actually got along pretty well with my boss and everybody else, and my performance was also very good. The reason stated was that the company had to hire new people in other areas, and unfortunately needed to let go of people in my area.

Never received a complaint, even less a warning.


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## pamela0810 (Apr 5, 2010)

B8118 said:


> Hi,
> 
> Thanks for all your responses.
> 
> ...


Were you the only one made redundant? 

Is the company going through a re-structure and were you given the option to apply for positions that might become available on account of the expansion?

If you got along well with your boss maybe it would be worthwhile to have a chat with him/her and see if there are other opportunities. I'm not sure if you're working for a multinational company but if you are then in addition to the UAE Labour Law, I'm sure the company has a code of ethics and employee guidelines that protect your interest.

A company expansion in other departments does not seem like a valid enough reason to me to let someone go, especially if you are the only one being let go right now.


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