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Employment & HR

End-of-service gratuity — how it is actually calculated

Twenty-one days' basic pay per year for the first five years, thirty days a year after that, capped at two years' total pay. Most employers have never accrued for it.

21 days years 1–530 days year 6 onwards2 years' pay cap

The entitlement

What the law gives, regardless of contract.

An employee who completes one year or more of continuous service is entitled to end-of-service gratuity. The calculation is twenty-one days' basic salary for each of the first five years of service, and thirty days' basic salary for each year thereafter, with the total capped at two years' pay. Only basic salary counts — housing, transport and other allowances are excluded. Part-time and other flexible workers accrue on a pro rata basis. Unpaid leave does not count towards service.

The recurring problem is that this is a real liability accruing from the employee's first day, and a large proportion of small UAE companies carry no provision for it at all. It becomes visible at exactly the wrong moment — when a long-serving employee resigns, when the business is being sold and the buyer runs due diligence, or when a company is closing and discovers that end-of-service dues rank ahead of shareholders. For a company with ten staff averaging four years of service, the accumulated liability is a substantial figure that has never appeared on a management account.

The numbers

Qualifying service
One year of continuous service
Years 1–5
21 days' basic salary per year
Year 6 onwards
30 days' basic salary per year
Cap
Two years' total pay
Basis
Basic salary only — allowances excluded
Termination for cause
Can forfeit entitlement in defined circumstances

What it costs

Year 121 daysYears 2–521 days eachYear 6 onwards30 days eachCap2 years' payOn terminationpaid with the settlement
It accrues every month they stay, not when they leave. Most small companies carry no provision at all.

In practice

How this is actually administered.

  1. Accrue it monthly from day oneIt is a liability from the first year of service, and a provision built monthly is invisible while an unprovided one is a crisis.
  2. Calculate on basic salary onlyUsing the total package overstates it; using an artificially low basic understates a liability that is still owed.
  3. Apply the correct rate to each bandTwenty-one days for the first five years, thirty for each year after. Not thirty days for everything.
  4. Include the cap in the modelTwo years' total pay. It only bites at very long service, but it bites.
  5. Settle within the statutory period on terminationLate payment of end-of-service dues is itself a breach and is a common MOHRE complaint.
The mistake people make. Treating gratuity as something that happens when someone leaves. It accrues every month they stay, and a company that has never provided for it is carrying an undisclosed liability that surfaces during a sale, a closure or a resignation.

Related

Questions

Twenty-one days' basic salary for each of the first five years of service, and thirty days' basic salary for each subsequent year, capped at two years' total pay.

No. It is calculated on basic salary only, which is why packages are structured with a low basic.

Yes, on completing one year of continuous service. The rules that reduced gratuity for resignation under the old law no longer apply in the same way.

In defined circumstances of termination for cause. It is not forfeited simply because the employee resigned.

One question

How many people are on the payroll?