A mandatory end-of-service benefit in the UAE calculated on the employee's last basic salary and years of service, payable as a lump sum when employment ends under Federal Decree Law No. 33 of 2021.
Key Takeaways
Gratuity in the UAE is a legally mandated payment that every private sector employer owes to departing employees. It's the closest thing to a pension that most UAE workers receive, since the country doesn't have a social security system covering expatriate employees. The concept works like this: every year an employee works, they accumulate a gratuity entitlement based on their basic salary. When the employment relationship ends, the accumulated amount is paid out as a single lump sum. The employer pays the full cost. Employees contribute nothing. The money isn't invested or held in a separate account during employment (except in the DIFC, where the DEWS scheme replaced this model). Understanding UAE gratuity is essential for HR professionals managing Middle Eastern operations. With expatriates making up roughly 90% of the private sector workforce, gratuity is the primary retirement savings vehicle for millions of workers. Getting the calculations wrong, missing payment deadlines, or structuring contracts to minimize gratuity creates legal exposure and damages employee trust.
Federal Decree Law No. 33 of 2021 (effective February 2, 2022) replaced the 1980 labor law and brought significant changes to how employment works in the UAE, including gratuity rules.
The old law had two contract types: limited (fixed-term) and unlimited (open-ended). Gratuity entitlements differed based on contract type and who initiated termination. Under unlimited contracts, employees who resigned received only a fraction of their gratuity for the first 3 years. The 2021 law eliminated unlimited contracts entirely. All contracts are now fixed-term, with a maximum duration of 3 years (renewable). Gratuity is paid in full regardless of which party ends the relationship. This change removed a significant penalty that previously discouraged employees from resigning.
The law applies to all private sector employers and employees in the UAE mainland. It doesn't cover DIFC employees (governed by DIFC Employment Law), ADGM employees (governed by ADGM Employment Regulations), federal government employees, or domestic workers (covered by separate legislation). Free zone employees are generally covered by the federal law unless their specific free zone has its own employment regulations. Companies should verify the applicable legal framework based on their registration and the employee's work location.
Calculating gratuity correctly requires attention to three variables: the basic salary, the years of service, and the applicable formula.
Daily basic salary = monthly basic salary / 30. For the first 5 years: 21 x daily basic salary x years of service. For years beyond 5: 30 x daily basic salary x additional years. Total gratuity = sum of both calculations, capped at 2 years' total (gross) salary. Worked example: Employee A has 7 years and 4 months of service with a monthly basic salary of AED 12,000. Daily rate: 12,000 / 30 = AED 400. First 5 years: 21 x 400 x 5 = AED 42,000. Next 2 years: 30 x 400 x 2 = AED 24,000. Remaining 4 months: (30 x 400) x (4/12) = AED 4,000. Total: AED 70,000.
Service periods are calculated in complete years and remaining months. Days are typically rounded to the nearest month. If an employee works for 3 years, 7 months, and 15 days, most employers calculate this as 3 years and 8 months (rounding the 15 days up). The law doesn't prescribe specific rounding rules for days, so company policy or MOHRE guidance applies. Best practice: round in the employee's favor. The cost difference is minimal, and it avoids disputes.
How salary is structured directly affects gratuity liability. This creates a tension between employer cost management and employee benefit fairness.
There's no legal minimum ratio between basic salary and total salary in the UAE. An employer could theoretically set basic salary at 30% of total compensation and put 70% in allowances, reducing gratuity liability by 70%. In practice, MOHRE scrutinizes contracts with disproportionately low basic salaries. If the basic salary appears artificially depressed, employees can challenge the structure and MOHRE may recalculate gratuity based on what it considers a reasonable basic salary. Industry norms vary. In construction and blue-collar sectors, basic salary is often 50% to 60% of total. In white-collar and financial services, basic salary ranges from 40% to 60%. Some multinational companies set basic at 60% as a standard policy to provide fair gratuity entitlements.
Housing allowance: typically 25% to 30% of total salary. Transportation allowance: 5% to 10%. Utility allowance: varies. Other allowances: phone, furniture, education. None of these count toward gratuity. Only the basic salary line item matters. Some employment contracts include a 'consolidated salary' without breaking out components. In these cases, courts and MOHRE may treat the entire amount as basic salary for gratuity purposes. Clear salary breakdowns protect both employer and employee.
Several scenarios create complexity in gratuity calculation and administration.
Probation periods in the UAE can last up to 6 months. If an employee is terminated during probation and has worked for less than 1 year, they don't qualify for gratuity. However, probation days count toward the 1-year minimum service requirement. An employee who completes probation and later completes 1 year of total service (including probation) qualifies for gratuity.
Gratuity is calculated on the last basic salary, not an average. If an employee's basic salary increases from AED 8,000 to AED 15,000 over 10 years, the entire gratuity is calculated at AED 15,000. This means salary increases in the final years of employment have a disproportionate impact on gratuity. Some employers manage this by structuring promotions with higher allowances rather than higher basic salary, though this practice is increasingly scrutinized.
The 2021 law introduced part-time work permits for the first time. Part-time employees are entitled to gratuity calculated proportionally based on their contracted hours relative to full-time hours. If a full-time employee works 48 hours per week and a part-time employee works 24 hours, the part-time employee's gratuity is calculated at 50% of the applicable formula. The 1-year minimum service requirement still applies.
Gratuity represents a significant financial obligation that grows with headcount, tenure, and salary levels. Companies that don't plan for it can face cash flow problems.
Under IAS 19 (Employee Benefits), gratuity is classified as a defined benefit obligation. Companies following IFRS must conduct actuarial valuations to determine the present value of future gratuity payments. The valuation considers employee turnover rates, salary growth projections, discount rates, and expected tenure. The resulting liability appears on the balance sheet, and changes flow through the income statement and other income. Companies following local UAE accounting standards may use a simplified accrual calculation, but IFRS-reporting entities (including all listed companies and most multinationals) need actuarial valuations from qualified actuaries.
UAE nationals in the private sector have a unique situation: they're covered by both the gratuity system and the national pension scheme.
Private sector employers must register UAE national employees with the General Pension and Social Securities Authority (GPSSA). The employer contributes 12.5% of the employee's salary, and the employee contributes 5%. The government adds an additional 2.5%. These contributions go to the national pension fund, providing UAE nationals with a funded, government-backed pension at retirement.
UAE nationals receive both the GPSSA pension and end-of-service gratuity. The gratuity obligation isn't reduced by the pension contribution. This means employing UAE nationals is more expensive than employing expatriates from a benefits perspective, which is one reason Emiratisation quotas are needed to encourage private sector hiring of nationals. Some employers offset this cost by integrating gratuity into the total compensation package, but the legal obligation to pay both remains.
Each GCC country has its own gratuity or end-of-service benefit system. Understanding the differences matters for companies operating across the region.
| Country | Qualifying Period | Formula | Cap |
|---|---|---|---|
| UAE | 1 year | 21 days/year (first 5), 30 days/year (after 5) | 2 years' total salary |
| Saudi Arabia | 2 years | 15 days/year (first 5), 30 days/year (after 5) | No statutory cap |
| Qatar | 1 year | 3 weeks/year of service | 1 year's total salary |
| Kuwait | 3 years (resignation) | 15 days/year (first 5), 30 days/year (after 5) | 1.5 years' total salary |
| Bahrain | 1 year | 15 days/year (first 3), 30 days/year (after 3) | No statutory cap |
| Oman | 1 year | 15 days/year (first 3), 30 days/year (after 3) | No statutory cap |