Amy123

have been offered a great offer in one of the big firms in the country which I spend few months looking for and a written offer will be finalised very soon. However, only today I realised that I am a few weeks pregnant. I wanted to know what the labour laws are in the UAE with regards to pregnant employees. Do I tell them up front before signing the contract that I am pregnant, is there a chance they refuse me or do I tell them after I am a few months pregnant and when they see how my performance is on the job bearing in mind that there is a 6 month probation period? Also, I am due to do a medical test so that I can be employed in the UAE will that test reveal that I am pregnant? Please advise me what I can do and tell me of other stories which are similar to mine and how they behaved.

Eeyore

Hi it's Zannie here not GarethR...

You will be entitled to a certain amount of maternity leave, however, you only get the maximum maternity leave (not sure how long) after you've completed a full year's service, or down to the company's discretion if your service is less.

As for telling them, that's upto you, there is a possibility they could pull your contract, but again all depends on the company. It's unlikely your firm's medical will show you're pregnant, unless they specifically check (and I don't know whether they are allowed to check for this?). Personally, if you really want this job and you are only few weeks pregnant, I wouldn't mention it. Afterall it is early days, and anything could happen (don't want to sound negative, but you know what I mean). You have plenty of time to inform them later, and deny that you knew you were pregnant when you started the job.

To be sure I'd contact the Labour Department just to check your rights, but I'm certain they definitely won't be the same as the UK, unfortunately

I've had a few interviews for jobs and they always asked me (being married, on my spouses visa and with no children), 'so when are you going to start a family?' to which I replied, it was a personal question and could not give them a definate answer (any interviewer in the UK would not be allowed to ask this in an interview), afterall even if we were planning a family, there was no guarantees it would happen!

Well, it did happen!! and I'm eight and a half months pregnant!!

Jammy_Dodgers

Are you married?
I do believe there are specific laws here about giving birth out of wedlock.
can someone elaborate?

sassy

Yes you have to be married or you will be thrown in jail...

Jammy_Dodgers

http://www.datadubai.com/about-dubai...and-pregnancy/

According to this post, as a single woman, you will not be able to sponsor your child and he/she will have to leave the country after 4 months (you can only sponsor if you are a teacher,doctor etc)

Thats a bit s#it!!

not surprised though as it is an Islamic country..anything out of wedlock is frowned apon

Jammy_Dodgers

Doesnt look good. I dont think Emirates do unaccompanied flights back to England for a 4 month old

Jammy_Dodgers

Yup........forgot to mention, you will get thrown in jail and deported..slipped my mind.

Courtesy of http://www.state.gov/g/drl/rls/hrrpt/2002/18291.htm


The law prohibits cohabitation by unmarried couples. The Government may imprison and deport noncitizen women if they bear children out of wedlock. In the event that a court sentences a woman to prison for such an offense, local authorities, at the request of the prisoner, may hold the newborn children in a special area within the confines of the prison or place them with a relative. In rare cases, children were held in other facilities until the mother's release. In Dubai Emirate, unmarried pregnant women generally must marry the father of the child or repatriate to their home country. Otherwise, both parties would be subject to arrest for fornication

Jammy_Dodgers

So, it would seem that:

a) If you are married, as a woman you will be unable to sponsor your child unless your husband gets a job here and obtains a family visa. (apparently)

b)If you are unmarried you dont have to worry about rental costs for accomodation as this will be covered for you by Dubai prison service.
You will also save a fair bit of cash with a free ticket home (which can cost a fair bit in peak season!)

Jammy_Dodgers

Maternity leave for public sector employees is a minimum of 45 days to a maximum of 6 months--2 months with full pay, 2 additional months of nursing leave with half salary, and the possibility of 2 more months without salary.

Eeyore

There was a big article about this in last August's Viva magazine, and it separated what is fact from fiction.

Regardless of whether you are in a long-term relationship, if you're not married you are classed as being single. I'll quote some of the answers to the questions:

MYTH: I have to produce a marriage certificate before I can receive maternity care?
FACT: This is highly unlikely. It is not the doctor's responsibility to actively investigate their patients marital status, it's only if, in the course of giving care, they find out that you are not married that they are obliged to report you. But they will not ask for a marriage licence. However, you will be asked to produce a marrige licence at the Ministry of Health when you register the birth of your child. This should be done in the first month of a child's life.

MYTH: A doctor will report me if they know that I'm pregnant and single?
FACT: A doctor is legally required to report you to the police but this is unlikely. But the doctor/patient confidentiality agreement does not apply if the doctor discovers that their patient has broken the law. You are most likely to be reported after giving birth. Once you have given birth the hospital issues a certificate which states the mother's and father's names. If you are not married, the hospital will find out at this stage and they are then abliged to report you - or they could face repercussions. The authorities could pursue the doctor, who could face up to five years imprisonment, and potentially lose their licence to practice.

MYTH: If I have a shotgun marriage after falling pregnant, I will escape trail?
FACT: Not necessarily. If you suddenly get married, it provided mitigating circumstances and could be a factor that well halt the proceedings. But even though a trial is very unlikely, you may still encounter difficulties at the Ministry of Health when you are required to register the birth of your baby.

MYTH: I will be instantly deported for falling pregnant out of wedlock?
FACT: True. The law changed on 24th December 2005. Under the old law, whether or not a non-national was deported was at the discretion of the judge. Under the new law however, it is mandatory to deport a non-national for becoming pregnant outside of marriage. The court must order deportation at the arrest stage and you normally have between four and seven days to leave. If you don't agree to the deportation, you can stay and await trial, but if you are found guilty you could face a prison sentence, and will be deported once the sentence is carried out anyway.

MYTH: If illegally pregnant, I will be placed under police guard at the hospital:
FACT: True - if the hospital knows before you give birth that you are illegally pregnant. The police will arrange to put a guard on your hospital door until you are well enough to leave, to make sure you won't abscond. You will then be taken into custody - with your baby - to await trial or, with the authorities permission, you can agree to deportation within a week.

This is a story of a lady that got married a month before she gave birth, which is part of the same article... I quote the relevant paragraphs:

"My boyfriend and I had been trying for a baby for a while when I fell pregnant. We'd just moved here and didn't know anything about the law. My consultate told me if I got married before I gave birth, there wouldn't be a problem. So we married in December and my baby son arrived in January, exactly one month after we got married. When my husband went to register the birth, they looked at the dates - and then the problems started. The Ministry of Health refused to offer a birth certificate. The official we dealt with was particularly strict. He told my husband in no uncertain terms 'You didn't respect the law, now it's your problem'. I was beginning to panic - without the certificate I couldn't get a visa for my baby, so it was illegal for us to stay; and I couldn't get a passport so we couldn't leave. We were completely stuck. Luckily, a doctor overheard my husband's conversation with the official and came to our aid, so my baby was able to get a visa and live here legally."

Obviously, in this case it worked out, but this is rare.

However, Amy... hopefully none of this will refer to you...

Eeyore

Basically you'd need to have a very quick wedding now and it'll hopefully be seen as a honeymoon baby!! Or leave the country to give birth, which is probably the only other option.

Jammy_Dodgers

Indeed,
but even if she is married, there are sites saying a woman cannot sponsor her child, it has to be the father (i.e. the father/husband will need to get a job)

Not sure if that is a fact or a myth

anyone???

Jammy_Dodgers

Fair enough, but as above, even if she leaves to give birth, when she returns she will be unable to sponsor.

Eeyore

No you're right, but she won't get into trouble if the baby is born outside the UAE. However if married by then and the husband has a job, it shouldn't be a problem re the sponsorship and visas.

Jammy_Dodgers

Sorted,
Amy, it would seem that you either go for the wedding a la shotgun and get hubby to get a job out here too.

or

Have the baby in the UK then leave the country every few months for a visa run..(nightmare)


Bear in mind, even if you secure the job (and assuming you are unmarried) senior management will seriously frown upon a pregnant single mum.
Especially if it is public sector or if management are locals/arabic
Not really great when your on probation..