In the UAE, maternity leave is a fundamental right under Federal Law No. 33 of 2021, which applies to all female workers, regardless of the nature of their employment. This includes those working on a commission basis. According to Article 30 of the law, a female worker is entitled to 60 days of maternity leave—45 days with full wage and the following 15 days with half wage. This provision ensures that women are supported during pregnancy and childbirth, allowing them to take necessary time off without compromising their financial stability.

Despite this clear legal entitlement, some employers may attempt to deny maternity leave to commission-based employees, wrongly assuming that the absence of a fixed salary exempts them from these rights. However, the law is unequivocal: all female employees, whether paid a salary or commission, are entitled to maternity leave. The calculation of wages for such leave follows Article 23 of the same law, where the daily wage is based on the average earnings during the six months prior to the request.

Furthermore, Article 30 emphasizes that maternity leave does not affect a worker’s entitlement to annual leave. Therefore, even during maternity leave, commission-based employees retain their right to take annual leave or receive a cash allowance in lieu of any accumulated leave. Employers are prohibited from denying annual leave or carrying it forward for more than two years unless the employee consents.

In conclusion, commission-based employees in the UAE are entitled to the same maternity and annual leave rights as their salaried counterparts. Employers must recognize these rights and calculate leave entitlements based on the employee’s average earnings. If you face refusal of these rights, it is essential to address the issue through appropriate legal channels.