Eligibility Criteria for Gratuity
To be eligible for gratuity in the UAE, an employee must meet the following conditions:
- Continuous Employment: The employee must have worked continuously for at least one year with the same employer.
- Valid Employment Contract: The employee must have a valid employment contract with their employer.
- Type of Termination: Gratuity is applicable in cases where employment ends due to resignation, retirement, or termination by the employer, provided it is not due to serious misconduct.
- Conduct: Employees must not have committed any serious misconduct that led to termination.
- Contract Duration: Employees under a limited-term contract of less than one year are not eligible for gratuity.
- Nationality: Both UAE nationals and expatriates are eligible for gratuity.
What Factors Are Considered When Calculating Gratuity?
The calculation of gratuity in the UAE is based on several factors, including:
1. Basic SalaryGratuity is calculated on the basic salary only. This excludes any allowances, bonuses, or additional benefits.
2. Length of ServiceThe duration of employment plays a crucial role. According to UAE labor law:
- For the first five years, employees are entitled to 21 days of basic salary per year.
- For each additional year beyond five years, employees are entitled to 30 days of basic salary per year.
The reason for termination also affects gratuity eligibility. Termination due to misconduct can result in loss of gratuity entitlement.
How to Use the Gratuity Calculator
1. Determine Your Basic SalaryCalculate the total number of years and months you've worked.
2. Determine Your Length of ServiceRefer to your employment contract or pay slip to find your basic salary.
Example: 3 years and 8 months = 3.8 years.
3. Input Details into the CalculatorEnter your basic salary and length of service.
4. Calculate GratuityClick the “Calculate” button to view the gratuity amount.
5. Review Your ResultsThe calculator will display the gratuity amount based on UAE labor laws.
How to Calculate Gratuity for Limited Contract in UAE
1. Duration of Service: Less than 1 YearIf you leave before completing one year of service, you are not entitled to any gratuity or final settlement.
2. Duration of Service: 1 – 5 YearsExample:
- Basic Salary: AED 5,000
- Total Years Worked: 2 years
Formula:
Basic Salary × 12 (months) / 365 (days) × 21 × 2 (years)
Note: This is a simplified example. The actual amount may vary based on the employment contract terms between the employee and employer.
3. Duration of Service: More Than 5 YearsFor employees with over 5 years of service, the End of Service Benefit (EOSB) is calculated at a higher rate, generally:
Formula:
Basic Salary × 12 (months) / 365 (days) × 21 × 2 (years)
Key Aspects to Consider Regarding Gratuity
- Gratuity is calculated only on the basic salary.
- Employers must not manipulate basic salary by increasing other allowances to reduce gratuity.
- If eligible, any dues owed by the employee to the company can be deducted from the gratuity amount.
- Employees with less than one year of service are not eligible for gratuity.
- An employee may be disqualified from gratuity if they fail to perform essential duties.
- Employees who cause material damage or loss to the company are not eligible for gratuity.