Question
I’m only five months into my six month probation in my new job and it is mentioned in my contract that I’m only entitled to maternity leave after one year of having worked for the company. Under UAE law are you allowed to take maternity leave during probation and is it paid? If my employer terminates my service during probation to prevent me from taking maternity leave does the law consider this an arbitrary dismissal?
Answer
Article no.30 of Federal Law no.8 of 1980 says: “A female worker shall be entitled to maternity leave with full pay for a period of 45 days, including the period preceding and the period following her confinement, on the condition that she has been in her employer’s service for a continuous period, of not less than one year. If she has not completed the aforesaid period of service, she shall be entitled to maternity leave with half pay.
“On the expiry of her maternity leave a female worker may be absent from her work without pay for a maximum period of 100 consecutive or non-consecutive days if such absence is due to an illness preventing her from resuming work and if that illness is confirmed by a medical certificate issued by the medical service specified by the competent health authority, or if the latter authority confirms that the illness was caused by the women’s work or confinement. That leave shall not be deducted from other periods of leave.”
As per the above-mentioned article, the employee has the right to take half pay maternity leave during the probation period as long as she did not complete one year. Therefore, the clause in the contract which mentioned that the questioner has no right to apply for maternity leave during her probation period is against the labour law and does not apply. Finally, as per UAE Labour Law a company has every right to terminate an employees services during probation, so any such a termination is not considered arbitrary dismissal.
Question
One month ago I submitted my resignation after working in a company for three years on an unlimited contract. In my contract my notice period is three months and my employer is saying I must serve that period to collect my dues from clients otherwise he won’t cancel my visa. How do I calculate my end of service rights? And does the employer have the right to increase the notice period beyond the standard 30 days mentioned by the Ministry of Human Resources and Emiratisation?
Answer
Federal Labour Law No.8 of 1980, article no.137 says: “Where a worker who is bound by a contract of unlimited duration leaves his work of his own accord after continuous service of not less than one year and not more than three years he shall be entitled to one-third of the severance pay provided for in the preceding article; where the continuous period of service exceeds three years but does not exceed five years, he shall be entitled to two-thirds of such severance pay; where the continuous period of service exceeds five years, he shall be entitled to the full severance pay.”
As for the notice period of three months, the same is in accordance with the labour law and the questioner agreed on such a period. The notice period as per the UAE labour law, is 30 days only and the parties may not agree to reduce the period of notice, but they may agree to increase it. Therefore, the questioner shall comply with the period stated in the employment contract. The employee is not entitled to work a notice period of more than what is mentioned in the labour contract. The employee is not responsible to collect the pending dues from the company client as long as the employee was not a personal guarantor for such a loan. Finally, as per the UAE labour law, the questioner is not obliged to collect the company dues from the clients as long as he did not sign with the employer that he is personal guarantor for such dues.
