How to Claim Gratuity in UAE: Step-by-Step Guide [2026]
Struggling to get your end-of-service benefits? Learn the official MOHRE process for claiming gratuity in the UAE, from settlement signing to filing a labor dispute.
Under the UAE Federal Decree-Law No. 33 of 2021 (the "New Labour Law"), receiving your end-of-service gratuity is a legal right. However, the process of moving from "employment" to "settlement" can be complex.
This guide breaks down every step you need to take to ensure you receive your full entitlement without delays.
Fast-Scan Summary
| Step | Action | Deadline |
|---|---|---|
| 1. Resignation | Submit formal written notice | Per your contract (30-90 days) |
| 2. Calculation | Verify Basic Salary × Years of Service | Before signing any papers |
| 3. EOS Settlement | Sign the "End of Service" cancellation paper | Only when money is in bank |
| 4. Payment | Employer must release all dues | 14 days from last working day |
| 5. Dispute | File complaint with MOHRE | If payment is delayed or denied |
Step 1: Submit a Formal Resignation
Your claim starts with a valid exit. You must submit a formal resignation via email or letter and receive an acknowledgment. Ensure you serve your full notice period as per your contract.
[!IMPORTANT] If you resign without notice (except under Article 45 of the Labour Law), you may be liable to pay "compensation in lieu of notice" to your employer, which could be deducted from your gratuity.
Step 2: Calculate Your Exact Entitlement
Before you discuss numbers with HR, use an accurate calculator. In the UAE mainland, the rules are:
- 1–5 Years of Service: 21 days of Basic Salary per year.
- 5+ Years of Service: 30 days of Basic Salary per year.
- The Cap: Total gratuity cannot exceed 2 years' worth of total salary.
Pro-Tip: Check your Basic Salary on your MOHRE labour contract, as allowances (Housing, Transport) are not included in the gratuity base.
Step 3: Review the Internal Settlement
Most companies will provide an "Internal Clearance Form." Review this carefully.
- Ensure Unused Annual Leave is paid out (based on Full Salary).
- Ensure Repatriation Ticket (if applicable) is included.
- Check for any unauthorized deductions.
Step 4: The Cancellation Document (The Critical Step)
To cancel your visa, your employer will ask you to sign a MOHRE Cancellation Form.
WARNING: This form usually contains a clause stating “I have received all my dues and entitlements.”
- Do not sign this until the money is cleared in your bank account or you have the cash/cheque in hand.
- If the employer promises to "pay later," do not sign. Once you sign, it becomes very difficult to prove in court that you haven't been paid.
Step 5: The 14-Day Payment Deadline
According to Article 53 of the UAE Labour Law, the employer must pay all wages and end-of-service benefits within 14 days from the date the contract term ends.
If the 14 days pass and you haven't received your funds, you have the legal right to escalate.
How to Handle a Dispute (Filing a MOHRE Complaint)
If your employer refuses to pay or calculates the amount incorrectly, followed these steps:
1. File a Labour Complaint
You can file a complaint through:
- MOHRE Website/App: mohre.gov.ae
- Call Center: 600590000
- Tawjeeh/Tasheel Centers: Visit in person.
2. Mediation Phase
A MOHRE legal researcher will contact both you and the employer to try and reach an amicable settlement. This is usually free and takes 7–14 days.
3. Escalation to Court
If mediation fails, MOHRE will issue a Transfer Letter. You can then take the case to the Labour Court.
- Claims under AED 50,000 are handled via a simplified process.
- Claims over AED 50,000 may require a lawyer or more formal proceedings.
Documents You Will Need
Keep copies of these digitally at all times:
- Labour Contract (Download from MOHRE app).
- Visa Copy & Emirates ID.
- Resignation/Termination Letter with proof of receipt.
- Salary Slips (showing your basic salary).
- Bank Statements showing the last few months of salary transfers.
Special Considerations: Freezones
If you work in a Freezone, the process might differ:
- DIFC: Governed by DIFC Employment Law; claims go to the Small Claims Tribunal (SCT).
- ADGM: Governed by ADGM Employment Regulations.
- Other Freezones (JAFZA, DMCC): Usually follow MOHRE rules but require the complaint to be filed first with the Freezone Authority.
Frequently Asked Questions
Can my employer deduct visa costs from my gratuity?
No. Under UAE Law, the employer is responsible for all recruitment and visa costs. They cannot legally deduct these from your end-of-service benefits.
What if I am terminated (Fired)?
You are still entitled to gratuity unless you were terminated under Article 44 (Gross Misconduct) and even then, recent court rulings have made it harder to completely forfeit gratuity without a specific court order.
Does the 5-year rule apply to Resignation?
Under the new law (2021), there is no longer a reduction for resigning before 5 years. You get the same daily rate (21 days per year) as long as you've completed 1 year of service.