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UAE End of Service Gratuity: Complete Calculation Rules under Labor Law 2026

MOHRE & UAE Labor Legal DeskUpdated Aug 26, 20265 min read
UAE End of Service Gratuity: Complete Calculation Rules under Labor Law 2026
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UAE End of Service Gratuity: Labor Law Rules & Calculations

The UAE Labor Law (Federal Decree-Law No. 33 of 2021) governs the calculation of End of Service Benefits (EOSB) for all private sector employees across mainland UAE and free zones (with distinct rules in DIFC). The modern law unified all employment contracts into fixed-term contracts and standardized severance pay formulas for both resignation and termination.

Crucial Rule: Unlike the old labor law, under the new UAE Labor Law, employees who complete at least 1 year of continuous service receive 100% full gratuity entitlement whether they resign or are terminated by the employer.

Standard UAE Gratuity Formula (Article 51)

Under Article 51 of the UAE Labor Law, an employee is entitled to gratuity on completing one or more years of continuous service:

  • First 5 Years of Service: 21 days of Basic Wage for each completed year of service.
  • Years Exceeding 5 Years: 30 days of Basic Wage for each subsequent year of service.
  • The total gratuity amount cannot exceed two years' basic wage.
  • Gratuity is calculated strictly on the last drawn Basic Salary (excluding housing, transport, utility, and other allowances).

UAE Gratuity Entitlement Matrix (2026)

Service Tenure Resignation Entitlement Termination by Employer
Less than 1 Year 0 Days (Zero Gratuity) 0 Days (Zero Gratuity)
1 to 5 Years 21 Days Basic Pay / Year 21 Days Basic Pay / Year
More than 5 Years 21 Days (Yr 1-5) + 30 Days (Yr 6+) 21 Days (Yr 1-5) + 30 Days (Yr 6+)

Settlement Deadline (Article 53)

The employer is legally obligated under Article 53 to pay all unpaid wages, accrued annual leave compensation, and end of service benefits to the worker within 14 days from the date of contract termination.

Frequently Asked Questions

Q: How is daily basic wage calculated for UAE gratuity?
A: Daily basic wage is calculated by dividing your monthly basic salary by 30 (Basic Salary / 30).
Q: Do I lose gratuity if I resign within 3 years under the new UAE Labor Law?
A: No. Under Federal Decree-Law No. 33 of 2021, you receive your full 21 days basic salary per year as long as you complete at least 1 full continuous year of service.
Q: When must UAE employers pay final gratuity settlements?
A: UAE Labor Law Article 53 strictly mandates that employers pay all final dues and gratuity within 14 days of contract end.
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