End of Service Benefits According to Labor Relations Law

End of Service Benefits: Eligibility and Calculation in UAE

End of Service Benefits: Eligibility and Calculation in UAE

The end of service benefits are among the most important financial rights guaranteed by the UAE Labor Law to workers upon the termination of their employment relationship. This topic raises many questions for both employees and employers, particularly regarding eligibility criteria, calculation methods, and the various circumstances under which employment may end. Understanding the legal provisions surrounding these benefits is crucial to avoid common mistakes that could lead to labor disputes or incorrect calculations of entitlements.

The end of service benefits are among the most important financial rights guaranteed by the UAE Labor Law to workers upon the termination of their employment relationship. This is one of the most discussed topics.

End of Service Benefits in the UAE: What are the eligibility criteria and how are they calculated according to the UAE Labor Law?

What are end of service benefits?

End of service benefits are a financial right established by law for workers upon the termination of their employment relationship, provided they meet the legal eligibility criteria. These benefits are independent of the monthly salary and any other financial entitlements that may arise upon termination.

The UAE legislator organized the provisions of end of service benefits under Federal Decree-Law No. (33) of 2021 regarding the regulation of labor relations, aiming to achieve a balance between the rights of workers and employers and to ensure that workers receive their financial entitlements for their period of service in accordance with the established legal regulations.

Who is entitled to end of service benefits?

A worker is entitled to end of service benefits upon the termination of their employment relationship according to the legal provisions governing this matter. Some circumstances that may lead to entitlement include:

 
Expiration of the employment contract
 
Termination of the employment contract by the employer
 
Resignation of the worker in accordance with legal provisions
 
Mutual agreement between the parties to terminate the employment relationship
 
Closure of the establishment or legal cessation of its activity
 
Death of the worker or permanent total disability

The final entitlement is determined after reviewing the circumstances of the termination of the employment relationship, the duration of service, and the relevant documents.

On what basis is the end-of-service gratuity calculated?

One of the most common mistakes is the belief that the end-of-service gratuity is calculated based on the total monthly salary.

Wage componentIs it included in the gratuity calculation?
Basic salaryYes — it is the basis used for calculation
Housing allowanceThe principle is not to include it unless there is a legal text or contractual obligation
Transportation allowanceThe principle is not to include it unless there is a legal text or contractual obligation
Other allowances and benefitsThe principle is not to include them unless there is a legal text or contractual obligation
Therefore, determining the basic salary stated in the employment contract is one of the most important factors affecting the calculation of the end-of-service gratuity, and it must be verified before any calculation.

Does resignation affect entitlement to the gratuity?

Under the current UAE labor law, submitting a resignation does not in itself lead to the loss of the worker's right to the end-of-service gratuity if they are entitled to it according to legal regulations.

However, determining the final entitlements of the worker requires reviewing the duration of service, the manner of termination of the employment relationship, and other associated rights.

Does the worker lose the end-of-service gratuity if they are dismissed?

Being dismissed from work does not necessarily mean the worker loses their right to the end-of-service gratuity. Each case has its own circumstances that are evaluated according to the provisions of the law, the facts, and the related documents, and disciplinary penalties or reasons for termination do not automatically lead to the loss of all financial rights of the worker.

It is always advisable to review the final entitlements legally and accurately before signing any settlement or document related to the termination of service.

What other financial rights may the worker be entitled to upon termination of service?

In addition to the end-of-service gratuity, the worker may be entitled to other financial rights that must be calculated independently:

  • Unpaid salaries
  • Unused annual leave allowance
  • Severance pay if applicable
  • Commissions and contractual entitlements
  • Any benefits stipulated in the employment contract
  • Entitlements stipulated by applicable regulations

The role of the lawyer in end-of-service gratuity cases

Many labor disputes do not revolve around the entitlement itself, but rather around the method of calculation or determining the basic salary, duration of service, or other entitlements. The lawyer's role in this regard includes reviewing the worker's complete file and verifying the accuracy of the calculations:

Contractual documents
  • Employment contract and its appendices
  • Official job offers
  • Appointment and promotion decisions
Financial records
  • Payroll statements
  • Bank transfers
  • Leave records
Termination documents
  • Termination decisions
  • Settlement documents
  • Official correspondence

Important legal tips before receiving your entitlements

  • Do not sign any final settlement before reviewing all your entitlements and comparing them with the legal provisions
  • Make sure to know the basic salary adopted in the employment contract accurately before any calculation
  • Keep all payroll statements and bank transfers to prove the actual salary value
  • Check the balance of unused annual leave and ensure it is included in your entitlements
  • Request a detailed written statement of the final entitlements and do not rely on verbal calculations
  • Keep all documents related to the employment relationship even after the termination of service
  • Seek legal advice immediately if there is any dispute regarding calculation or entitlement

The most common questions about end-of-service gratuity in the UAE

Is the end-of-service gratuity calculated on the basic salary or the total salary?
The principle is that the end-of-service gratuity is calculated based on the basic salary according to the provisions of the UAE Labor Law, and not on the basis of the total salary which includes allowances and other benefits.
Does the worker deserve an end-of-service gratuity upon resignation?
The worker may be entitled to an end-of-service gratuity upon resignation according to the legal regulations governing this, after reviewing the circumstances of the termination of the employment relationship and the duration of service.
Does the worker lose the gratuity if they are terminated?
Termination of employment does not automatically lead to the loss of the worker's right to the gratuity, as the legal consequences vary depending on the reason for termination and the circumstances related to each case.
Do housing and transportation allowances count towards the gratuity calculation?
The principle is that the calculation is based on the basic salary without allowances and benefits, unless there is a legal or contractual provision to the contrary.
Is the gratuity due upon the expiration of the contract?
Yes, the expiration of the employment contract is one of the cases that necessitate considering the entitlement to an end-of-service gratuity according to the legal provisions governing this.
Does the worker deserve the gratuity if the company closes?
The worker may be entitled to an end-of-service gratuity and other legally established financial rights upon the termination of the employment relationship due to the closure of the establishment or cessation of its activity according to legal procedures.
Does the unused leave balance count towards the gratuity?
The balance of unused annual leave is considered a separate entitlement calculated separately from the end-of-service gratuity.
Is it permissible to deduct amounts from end-of-service entitlements?
Deductions are subject to the regulations and cases permitted by law, and the legality and compliance with applicable legal provisions must be verified.
When is it preferable to seek legal advice?
It is advisable to obtain legal consultation before signing any final settlement or document related to the termination of service, especially in cases of dispute over the value of rights or the method of calculating them.

Conclusion

End-of-service benefits represent one of the most important financial rights guaranteed by the UAE Labor Law to workers upon the termination of the employment relationship, and the legislator has established clear regulations to organize their entitlement and calculation in a way that achieves balance between the rights of both parties.

Since the method of calculation is related to multiple factors including the basic salary, length of service, method of termination of the employment relationship, and other financial entitlements, a legally accurate review of rights helps avoid disputes and ensures that each party receives its rights in accordance with the provisions of the law.

Specialized Legal Consultation

Do you want to verify the accuracy of your entitlements calculation?

Whether you are preparing to leave your job or have received your entitlements and doubt their accuracy, or you are an employer looking for the correct way to calculate the end-of-service benefit, the team at Awad Al-Muhairi Law Office and Legal Consultations will carefully review your file.

01
Review of the Employment Contract
We study your contract and all its appendices to determine the correct basic salary and the entitlements resulting from it.
02
Full Calculation of Entitlements
We calculate the end-of-service benefit, vacations, notice pay, and all financial rights due under the law.
03
Claim and Representation
We handle the claim for your rights and represent you before the relevant authorities when necessary.

 


Do not sign a final settlement before you fully understand your rights — an early consultation can save you from losing your entitlements.