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Waleed Al-Helo

Waleed Al-Helo

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الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Termination because of maternity during probation...

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Termination because of maternity during probation period is legal or no

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly be informed that, according to the data provided to us in your inquiry and with reference to the UAE Labor Law (33) for the year 2021 regulating the nature of the contractual relationship between the worker and the employer, it is not permissible to terminate the work during the period of maternity leave, otherwise it is considered arbitrary dismissal with which a complaint can be submitted and a claim for compensation according to the law, in addition to All the rights due to the worker, such as the end of service category, and other rights stipulated for you in the employment contract
we would like to provide you with the following:
According to the UAE Labor Law, maternity leave is defined as follows:
Article (30):
A female worker shall be entitled to maternity leave with full pay for a period of forty five days, including both pre and post-natal periods, provided that she has completed not less than one year of continuous service with her employer. A female worker who has not completed the aforesaid period of service shall be entitled to maternity leave with half pay.
A female worker who has exhausted her maternity leave may be absent from 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 her work. A medical certificate issued by a duly authorized medical institution or authenticated by the competent health authority confirming that the illness is a result of pregnancy or delivery shall document such illness. The leave provided for in the preceding two paragraphs shall not be deducted from other leave periods
Article 31
During the 18 months following her delivery, a female worker nursing her child shall, in addition to any prescribed rest period, be entitled to two additional breaks each day for this purpose, neither of which shall exceed half an hour. These two additional breaks shall be considered as part of the working hours and shall not entail any reduction of wage.
Article (32)
Women shall be accorded the same remuneration as men if they do the same work.
*** Also, according to the law can't be forced you to resign by the employer or else considered an arbitrary chapter requires the employer to pay compensation to you under article (115) of the law, which provided for:
Article 115
If the contract of employment is fixed for a period of time, 120 He was obliged to compensate the worker for the damage he suffered, provided that the amount of the compensation in any case does not exceed the sum of the wage due for a period of three months or the remaining period of the contract whichever is shorter, unless there is provision in the contract that stipulates otherwise.
*** So you can go to work and workers (labor court and submit a complaint) on the work and to follow the legal assets in the complaint and follow-up from this body.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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