✓ Last verified: 19 August 2026 · MOHRE / Federal Decree-Law 33 of 2021 (as amended by Decree-Law 9 of 2024)

Your employer won't pay your gratuity. Here's the actual process.

End-of-service gratuity is not a bonus and not a negotiation — it is a debt your employer owes you by law, due within 14 days of your last working day. The complaint that recovers it is free, filed by phone or app, and decided by MOHRE itself when the amount is AED 50,000 or less.

First: confirm the money is actually owed

Three conditions decide it, and none of them involve your employer's opinion:

  • One year of continuous service. Below twelve months, no gratuity is due — including someone who leaves during probation.
  • The reason you left rarely matters. Since Federal Decree-Law No. 33 of 2021 replaced the old law, resignation and termination produce the same gratuity. The deductions that used to punish resignation (one-third, two-thirds) no longer exist. See resignation vs termination.
  • The amount is fixed by formula, not by goodwill: 21 days of basic salary for each of the first five years, 30 days for each year after, capped at two years' pay. Run your own number in the gratuity calculator before you talk to anyone.

Only gross misconduct removes the entitlement, and only under the narrow grounds listed in Article 44 of the law. "He resigned without notice" or "she went to a competitor" is not one of them — those are separate claims your employer would have to bring, not a licence to withhold gratuity.

The 14-day clock, and the deadline that matters more

Your employer must settle gratuity and all final dues within 14 days of the employment end date. Miss that and you are not out of time — but you are on a second, longer clock: under Article 54(9) of the Labour Law, a claim is not considered once two years have passed since the employment relationship ended. That window used to be one year; Federal Decree-Law No. 9 of 2024 doubled it with effect from 30 August 2024, and much of the advice still circulating online has not caught up. Note what the clock runs from — the end of the relationship, not the date each individual entitlement fell due.

In practice: wait out the 14 days, send one written request, and if nothing lands, file. There is no advantage in waiting longer, and no fee for filing.

Step by step

  • 1. Put the demand in writing — once. Email or WhatsApp to HR: your last working day, the gratuity figure you calculate, the basic salary it is based on, and a seven-day deadline. This costs you nothing, resolves a meaningful share of cases, and becomes your evidence if it doesn't.
  • 2. Gather four documents. Your employment contract (it states the basic salary the whole calculation rests on), Emirates ID, passport copy, and proof of your employment dates and last salary — pay slips or bank statements showing the salary credits.
  • 3. File the complaint with MOHRE. Free, through the MOHRE app, the ministry's website, a Tas-heel service centre, or the call centre on 600 590 000. You do not need a lawyer, and you do not need your employer's cooperation to open the file.
  • 4. Mediation. A MOHRE officer contacts both sides and attempts settlement — typically within a few weeks. Most gratuity disputes end here, because the sum is arithmetic and the employer has no defence to it.
  • 5a. Claims up to AED 50,000: MOHRE decides. The ministry can issue a binding decision on labour claims of AED 50,000 or less, without the courts. This is the change that made the process usable for ordinary employees.
  • 5b. Above AED 50,000, or if a party objects: the labour court. MOHRE issues a referral, and you must register the case with the court within 14 days of that referral. This deadline catches people out — the referral is not the end of the process, it is the start of a short one. Workers' claims are exempt from court fees at first instance for amounts up to AED 100,000.

Three mistakes that weaken a strong case

  • Signing a final settlement or clearance form before you've checked the number. A signed full-and-final receipt is exactly what it says. Calculate first, sign second.
  • Claiming gratuity on your total salary. The law says basic salary. Arriving with an inflated figure hands your employer the argument and costs you credibility on the parts you're right about. See basic vs total salary.
  • Leaving the country with nothing filed. A complaint can proceed while you are abroad, but opening it is far easier from inside the UAE — and if you overstay while arguing, you accrue AED 50 a day in fines that no gratuity award will reimburse.

What about unpaid salary, notice pay and leave?

File them together. One complaint covers the whole final settlement: outstanding salary, pay in lieu of untaken annual leave, notice period compensation, and gratuity. Splitting them into separate complaints only slows you down.

FAQ

How long does a MOHRE gratuity complaint take?

Mediation usually runs a few weeks. Claims of AED 50,000 or less can be decided by MOHRE directly; larger claims go to the labour court after a referral, and take longer — months rather than weeks.

Does filing a complaint cost anything?

Filing with MOHRE is free. If the case is referred to the labour court, workers' claims are exempt from court fees at first instance for amounts up to AED 100,000.

Can my employer cancel my visa to stop the claim?

Visa cancellation is a normal part of ending employment and does not extinguish the debt or the complaint. Watch your grace period separately — it runs from cancellation, and overstay fines accrue at AED 50 per day regardless of any ongoing dispute.

I already left the UAE. Can I still claim?

Yes, provided you are inside the two-year limitation period, though the process is more awkward from abroad — you may need to appoint a representative through a power of attorney. File as early as you can.

My employer says I'm not entitled because I resigned.

That reflects the pre-2022 law. Under Federal Decree-Law No. 33 of 2021, resignation and termination give the same gratuity once you have completed a year of continuous service.

Does gratuity accrue during unpaid leave?

No. Periods of unpaid leave are excluded from the service period used in the calculation. Annual leave, sick leave and completed probation all count.

Sources

Process and thresholds re-verified against official sources on 19 August 2026, reading MOHRE's own consolidated text of the decree-law. The limitation period on this page was corrected from one year to two on that date, following Article 54(9) as amended by Federal Decree-Law No. 9 of 2024. General information, not legal advice.

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