UAE Gratuity Law: The Ultimate Guide to End of Service Benefits (2026)

8 min read UAE Labor Law Series Updated March 2026

What is End of Service Gratuity?

End of Service Gratuity — commonly referred to as "gratuity" or "EOSG" — is a mandatory lump-sum payment that every foreign employee in the UAE is legally entitled to receive when their employment ends. It is not a bonus or a discretionary payment; it is a statutory right protected under UAE Federal Decree-Law No. 33 of 2021.

Think of it as the UAE government's way of rewarding employees for their years of service and ensuring that expat workers — who may not have access to a pension scheme — have a financial safety net when they leave a job. Whether you resign, are terminated, or your contract expires naturally, you are entitled to gratuity as long as you have completed at least one continuous year of service.

The calculation is based on your Basic Salary only. Housing allowances, transport allowances, utility allowances, and any other add-ons are excluded from the gratuity base. This is one of the most commonly misunderstood aspects of the calculation — confirm what your basic salary actually is before using any calculator.

The Gratuity Formula: Step by Step

Under the current UAE Labor Law, the gratuity formula is standardized for all full-time private sector employees. Here is exactly how it works:

21 Days
Per year — Years 1 to 5
30 Days
Per year — Year 6 onwards
  • 1
    Calculate your daily wageDivide your basic monthly salary by 30. Example: AED 10,000 ÷ 30 = AED 333.33 per day.
  • 2
    Calculate gratuity for the first 5 yearsDaily wage × 21 × years served (up to 5). Example: AED 333.33 × 21 × 5 = AED 35,000.
  • 3
    Calculate gratuity for years beyond 5Daily wage × 30 × additional years. Example for 7 years total: AED 333.33 × 30 × 2 = AED 20,000 extra.
  • 4
    Apply the capThe total gratuity cannot exceed two years' worth of your total salary. This rarely applies but is legally binding.
Partial years count. If you served 3 years and 6 months, you receive gratuity for 3.5 years — not just 3.

What Counts as Basic Salary?

Your payslip may show a total package of AED 15,000, but if your basic salary is only AED 7,000, your gratuity is calculated on AED 7,000 — not the full amount. This distinction can cost you thousands of dirhams if you are not aware of it.

Included in Calculation

  • ✓ Basic Salary (only)

Not Included

  • ✗ Housing Allowance
  • ✗ Transport Allowance
  • ✗ Utility Allowance
  • ✗ Performance Bonuses
  • ✗ Commission Payments
  • ✗ Overtime Pay
  • ✗ Meal / Phone Allowances

If your contract does not separately list a basic salary and only shows a total salary, the entire amount may be treated as basic salary for gratuity purposes. Clarify this with your HR department in writing before your last day.

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Resignation vs. Termination: Does It Still Matter?

Under the old UAE Labor Law, whether you resigned or were terminated significantly affected your final gratuity — especially on Unlimited Contracts. Employees who resigned before 5 years could lose one-third or even two-thirds of their entitlement.

Under the New Labor Law (2022 onwards), this penalty has been removed for private sector employees. As long as you complete your notice period and have served at least one year, you receive the full gratuity amount — regardless of whether you resigned or were let go.

Exception: If you are dismissed for gross misconduct under Article 44 (e.g., fraud, assault, serious breach of contract), you may forfeit your gratuity entitlement. This requires a formal dismissal process and is relatively rare.

When and How is Gratuity Paid?

Your employer is legally required to pay gratuity on your last working day or promptly after. In practice it is usually processed with your final salary payment. If your employer delays or refuses to pay, you have the right to file a complaint with MOHRE online at mohre.gov.ae or by calling their hotline at 800-60. MOHRE complaints are typically resolved within 30 days.

Gratuity is also protected if your employer goes bankrupt or shuts down operations. The UAE's Wage Protection System (WPS) provides a layer of protection for unpaid wages and end-of-service benefits in such circumstances.

Special Cases: Part-Time, Domestic Workers and Transfers

The New Labor Law extended gratuity rights to part-time workers for the first time. Part-time employees receive gratuity calculated proportionally based on their actual working hours compared to a full-time equivalent.

Domestic workers (housemaids, drivers, nannies) are covered under the separate Federal Law No. 10 of 2017 on Domestic Workers. They are entitled to one month's wage per year of service after completing two years with the same employer.

If you transfer between companies in the same group, your years of service typically continue to accumulate — but only if there was no formal gratuity settlement at the point of transfer. Always ask HR to confirm this in writing to avoid disputes later.

Real Calculation Examples

These are based on actual questions sent to us by readers. Names changed for privacy.

Case 1 — Priya, HR Manager, 3 years 8 months

Situation: Resigned voluntarily. Basic salary AED 9,000/month. Wants to know her gratuity before accepting a new offer.

Service period: 3 years and 8 months = 3.667 years (under 5 years, so 21 days/year applies)

Daily wage: AED 9,000 ÷ 30 = AED 300/day

Calculation: AED 300 × 21 days × 3.667 years = AED 23,100

Note: Since she resigned (not terminated), she receives the full amount. Resignation penalties under the old law no longer apply under the 2021 law.

Case 2 — James, Sales Director, 7 years 2 months

Situation: Terminated (redundancy). Basic salary AED 22,000/month. Wants to verify his employer's calculation.

Service period: 7 years 2 months = 7.167 years (over 5 years, so split calculation applies)

Daily wage: AED 22,000 ÷ 30 = AED 733.33/day

First 5 years: AED 733.33 × 21 × 5 = AED 77,000

Remaining 2.167 years: AED 733.33 × 30 × 2.167 = AED 47,667

Total gratuity: AED 124,667

His employer had calculated AED 118,000 — underpaying by over AED 6,600. He filed a MOHRE complaint and the difference was paid within 3 weeks.

Case 3 — Fatima, Teacher, 11 months service

Situation: Contract not renewed. Basic salary AED 7,500/month. Asking whether she gets any gratuity.

Answer: Unfortunately, no. Gratuity requires a minimum of 1 full year of continuous service. At 11 months, she falls short by 1 month and is not entitled to any gratuity payment regardless of the reason for leaving.

This is one of the most common misconceptions. The 1-year minimum is strict — there are no exceptions for partial-year gratuity under the standard law.

Common Questions

Can my employer deduct from my gratuity?

Only if there is a court judgment authorizing it, or for outstanding company loans stated in your contract. Deductions for notice period shortfalls must use your full salary rate, not just basic salary.

Does unpaid leave reduce my gratuity?

Yes. Any periods of unpaid leave are deducted from your total service period. For example, 60 days of unpaid leave across 5 years means your effective service period is reduced by those 60 days.

Is gratuity taxed in the UAE?

No. The UAE has no personal income tax. Your gratuity payment is received in full with no deductions for tax.

What if my company refuses to pay my gratuity?

File a formal complaint with MOHRE. You can do this online, via their app, or by calling 800-60. There is no filing fee. If MOHRE mediation fails, the case is automatically escalated to the UAE Labor Court, which typically rules in favor of the employee when gratuity is clearly owed.

Disclaimer

This guide is for general informational purposes only and does not constitute legal advice. UAE Labor Laws are subject to updates and amendments. We recommend consulting with a legal professional or MOHRE for official guidance specific to your situation.

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