UAE gratuity guide: How to calculate your final settlement

Dubai: Reaching the end of an employment contract in the UAE can be a daunting process, particularly for those unfamiliar with their legal rights and entitlements as a private-sector worker.

Central to this process is the end-of-service (EOS) gratuity, a statutory payment that every eligible employee is entitled to upon leaving a job. Yet many workers remain uncertain about how it is calculated, what can affect the final amount, and what steps to take if payment is delayed or disputed.

Under the UAE Labour Law (Federal Decree-Law No. 33 of 2021), here is what you need to know.

UAE GRATUITY CALCULATOR

How is gratuity calculated in the UAE?

“End-of-service gratuity for a full-time foreign employee is calculated on the employee’s last basic wage that they were entitled to receive, not the full gross salary,” Ahmed Odeh, Managing Partner, MIO & Partners explained to Gulf News.

According to Odeh, here is a breakdown of the formula:

• The general formula: 21 days’ basic wage for each year of the first five years, and 30 days’ basic wage for each year after that, provided the employee has completed at least one year of continuous service.

• Pro-rated entitlement: The employee is also entitled to a pro-rated gratuity for part of a year.

• Maximum cap: The total gratuity cannot exceed two years’ wage.

• Annual leave: Unused annual leave is not part of the gratuity calculation itself. It is a separate final-settlement entitlement and should be paid separately if accrued but unused.

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General rules for gratuity in UAE

What happens if my employer reduced my salary?

Odeh noted that because gratuity is linked to your last basic wage, a salary reduction shortly before leaving a job can significantly lower your payout.

“Employees should be cautious before signing a salary-reduction addendum close to the end of employment, because if the basic wage is validly reduced before termination, it may reduce the gratuity calculation. However, if the reduction was imposed or used as a device to defeat the employee’s statutory entitlements, the employee may have grounds to challenge it.”

How long does the employer have to pay?

Under Article (29) of the Labour Law, employers must pay all wages and gratuity within 14 days of the contract end date.

What happens if gratuity is delayed?

"If the matter is not resolved, the employee may file a labour complaint with the Ministry of Human Resources and Emiratisation (MOHREP), which will usually attempt an amicable settlement before the dispute is referred to the competent court," Odeh said.

He noted that an employer cannot withhold gratuity simply because a dispute exists, because they are unhappy with the employee's performance, or because the employee has resigned.

Can gratuity be deducted?

However, according to Odeh, an employer may deduct from end-of-service benefits any amounts legally owed by the employee, or amounts payable under a court judgement, provided the deduction follows the conditions and procedures required by law.

Examples of lawful deductions include the recovery of loans or overpayments, disciplinary violations (following due process), and compensation for damages caused by the worker.

Should I sign a final settlement paper?

"In practice, employees should request a written final-settlement breakdown before signing any clearance, waiver, or 'all dues received' document. Employees should avoid signing a final settlement confirming that all dues have been received unless payment has actually been made, or unless the document clearly preserves their right to claim any shortfall," Odeh said.