Legal Protection for Working Women in the UAE in the context of UAE Labor Law and International Agreement.

The study aimed to determine the legal framework provided by Federal Decree No. (33) of 2021 regarding the regulation of employment relationships for working women. This includes identifying the rights and guarantees granted by the law to ensure that women can exercise their work on an equal footing with men. The study also investigated whether these legal rights and guarantees provided by the decree encompass the rights and guarantees outlined in international agreements. The study employed a descriptive methodology, manifested in the review of international agreements, local legislations, jurisprudential opinions, and judicial views on the topic of women's rights in the workplace. The analysis, description, and approach of these texts and opinions were undertaken. Additionally, the study utilized a historical methodology, secondarily, to examine the origin and evolution of women's rights in the workplace throughout modern ages. Furthermore, a comparative methodology was employed, involving a horizontal comparison between the UAE legislations represented by Federal Decree No. (33) of 2021 regarding the regulation of employment relationships for working women and its executive regulations, and international agreements concerning the legal framework for regulating women's work. The study reached several significant conclusions, including that the UAE legislator has considered financial compensation and contractual responsibility but has not taken into account tortious or executive liability as a penalty for the employer's failure to fulfill obligations stipulated in the employment contract. Therefore, in the event of the termination of a female worker during pregnancy, after childbirth, or while caring for her newborn, such termination is deemed arbitrary. The employer is then obligated to provide financial compensation exclusively, as determined by the judiciary. In this regard, the UAE legislator did not adopt the provision of International Labour Organization Convention No. 183 concerning the revision of the Maternity Protection Convention (Revised 2000). Specifically, Article 8, Paragraph 2, which imposes the burden of proving the termination of the female worker during pregnancy or afterward on the employer. The employer must demonstrate that the termination of the employment contract is not related to the worker's pregnancy, childbirth, or care for her newborn. This stance has been affirmed by the judiciary in the United Arab Emirates and has become a settled matter. Finally, the study concluded with several recommendations, with the most prominent being the suggestion to amend Article (30) of Federal Decree No. (33) of 2021 and incorporate Paragraph (2) of Article 2 of International Labour Organization Convention No. 183 concerning the revision of the Maternity Protection Convention (Revised 2000). This paragraph places the burden of proving the termination of a female worker during pregnancy or afterward on the employer. Given the unique situation of pregnant women, the study also recommends adding a legislative guarantee in the form of specific enforcement involving the reinstatement of the worker if it is proven that the termination was arbitrary by the employer. This would play a crucial role in safeguarding maternity rights. [ABSTRACT FROM AUTHOR]

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