A UAE employment contract with no fixed end date that continues until either the employer or employee terminates it with proper notice, formerly the default contract type under the old UAE Labour Law before Federal Decree-Law No. 33 of 2021 replaced it with fixed-term contracts.
Key Takeaways
An unlimited contract in the UAE was an open-ended employment agreement. It didn't have an expiration date. The employee kept working until either side decided to end the relationship, provided they gave proper notice. For decades, this was the standard contract type in the UAE's private sector. Most companies defaulted to unlimited contracts because they were simpler: no renewal paperwork, no fixed end dates to track, and no early termination penalties. The employee showed up, did the work, and the arrangement continued until someone said otherwise. The old UAE Labour Law (Federal Law No. 8 of 1980) treated unlimited and limited contracts differently in two critical areas: how end-of-service gratuity was calculated and what happened when either side terminated the contract. These differences drove real financial consequences for both employers and employees. Then everything changed. Federal Decree-Law No. 33 of 2021, which took effect on February 2, 2022, abolished unlimited contracts completely. The UAE moved to a fixed-term-only model. Every employment relationship now operates under a contract with a defined start date, end date, and maximum duration of three years. But the unlimited contract isn't just a historical footnote. Thousands of employees who started on unlimited contracts before February 2022 still work in the UAE. Their gratuity entitlements, notice period obligations, and termination rights remain partially governed by the rules that applied when their contract was originally signed.
Before 2022, the choice between unlimited and limited contracts had real consequences for termination rights and gratuity payouts.
| Dimension | Unlimited Contract | Limited Contract |
|---|---|---|
| Duration | No fixed end date | Fixed term (typically 1-3 years) |
| Termination by employer | Permitted with 30-day minimum notice and a valid reason | Permitted only at contract end or for cause during the term |
| Termination by employee (resignation) | Permitted with 30-day minimum notice | Permitted only at contract end, or employee pays early termination compensation |
| Gratuity on resignation (1-3 years) | 1/3 of 21 days' pay per year | Full 21 days' pay per year |
| Gratuity on resignation (3-5 years) | 2/3 of 21 days' pay per year | Full 21 days' pay per year |
| Gratuity on resignation (5+ years) | Full 21 days' pay per year | Full 21 days' pay per year |
| Gratuity on termination by employer | Full entitlement (21 days for first 5 years, 30 days thereafter) | Full entitlement (same formula) |
| Arbitrary dismissal claim | Available if terminated without valid reason | Not applicable (contract had a defined end) |
Gratuity was the most financially significant difference between unlimited and limited contracts. The calculation method depended on who initiated termination.
If the employer ended the unlimited contract (without cause), the employee received full gratuity: 21 days of basic salary for each of the first five years, plus 30 days of basic salary for each additional year beyond five. The total gratuity couldn't exceed two years' worth of salary. Basic salary excluded housing allowance, transportation allowance, and any other benefits. Only the base pay counted.
This is where unlimited contracts penalized employees. If an employee on an unlimited contract resigned before completing five years, the gratuity was reduced. Less than one year of service meant zero gratuity. Between one and three years, the employee received only one-third of the standard 21 days per year. Between three and five years, two-thirds. Only after five full years did a resigning employee receive the full 21-day-per-year calculation. This sliding scale was designed to discourage job-hopping.
Federal Decree-Law No. 33 of 2021 simplified gratuity. Under the new fixed-term system, the calculation doesn't change based on who terminates the contract. Every employee who completes one year of service receives 21 days of basic salary for each of the first five years and 30 days for each year thereafter, regardless of whether they resign or are terminated. The two-year cap on total gratuity still applies.
Terminating an unlimited contract required following specific procedural steps. Getting any step wrong could result in compensation claims.
Both employers and employees had to give at least 30 days' written notice. Many employment contracts specified longer periods, commonly 60 or 90 days. During the notice period, the employee continued working and receiving full pay. If the employer wanted the employee to leave immediately, they could pay salary in lieu of notice. If the employee walked out without serving notice, the employer could deduct the notice period salary from the final settlement.
The old law required the employer to have a legitimate reason for termination. Valid reasons included poor performance (documented over time with warnings), misconduct, redundancy due to business restructuring, and inability to perform job duties. Terminating without a valid reason exposed the employer to an arbitrary dismissal claim, where the employee could claim compensation of up to three months' salary on top of the notice period and gratuity.
In cases of gross misconduct (assault, fraud, theft, habitual absence, disclosure of trade secrets), the employer could terminate immediately without notice and without paying gratuity. The misconduct had to be documented, and the employer had to take action within a specific timeframe. Delayed termination for cause could be challenged as arbitrary dismissal.
The shift from unlimited to fixed-term contracts was the most significant change in UAE employment law in four decades. Here's how the transition worked.
Federal Decree-Law No. 33 of 2021 was issued in November 2021 and took effect on February 2, 2022. From that date forward, all new employment contracts had to be fixed-term, with a maximum duration of three years. Existing unlimited contracts were given a one-year grace period. By February 1, 2023, every employer in the UAE private sector had to convert all remaining unlimited contracts to fixed-term agreements.
Employers needed to issue new fixed-term contracts to every employee still on an unlimited agreement. This wasn't just a relabeling exercise. The new contract had to specify a clear start date, end date (maximum three years), job title, salary, and other terms compliant with the new law. Many companies used this transition as an opportunity to update outdated employment terms, standardize contract templates, and align with other changes introduced by the decree.
The conversion didn't reset employee tenure. An employee who had worked under an unlimited contract for seven years and then switched to a fixed-term contract retained their seven years of service for gratuity calculation purposes. Accrued leave balances, benefits, and seniority carried over. The conversion changed the contractual framework going forward, not the historical entitlements.
The UAE government didn't eliminate unlimited contracts on a whim. Several factors drove the change.
Key data points reflecting the UAE's employment contract transition and labor market.
Even after the transition deadline, HR teams continue to encounter problems related to the old unlimited contract system.