What Can You Do if Your UAE Gratuity Is Not Paid?

Quick answer: Ask your employer for the gratuity in writing, then file a complaint with the Ministry of Human Resources and Emiratisation (MOHRE). Since 1 January 2024, MOHRE can issue a final, enforceable decision on claims of AED 50,000 or less; larger claims that are not settled go to court. You must claim within 2 years of your job ending.

Waiting for your gratuity after leaving a job is stressful, especially if you plan to leave the UAE or start a new role. This guide from Tasheel Legal Consultancy in Dubai explains how gratuity is worked out under Federal Decree-Law No. 33 of 2021 (the UAE Labour Law), how a MOHRE complaint works, and which deadlines apply. It is written for private-sector employees on the UAE mainland.

What should you do first if your gratuity is not paid?

Ask for payment in writing, gather your documents and check your figure. If the employer still does not pay, file a complaint with MOHRE. If there is no payment and no clear payment date in writing, do not let the matter drift: your right to claim has a time limit.

  1. Collect your documents: employment contract and renewals, recent payslips, bank statements showing your salary, your resignation or termination letter, and any work permit cancellation papers.
  2. Write to your employer: ask for your gratuity and final settlement, with a breakdown, by a clear date. Keep a copy of the reply.
  3. Check the amount: use the formula below.
  4. File with MOHRE: you cannot skip this step and go straight to court (Art. 54(8)).

How is gratuity calculated under the UAE Labour Law?

Under Article 51 of Federal Decree-Law No. 33 of 2021, a foreign full-time worker who completes at least 1 year of continuous service receives 21 days’ wage for each of the first 5 years and 30 days’ wage for each year after that.

  • Minimum service: 1 year of continuous service.
  • First 5 years: 21 days’ wage for each year.
  • After 5 years: 30 days’ wage for each year.
  • Cap: the total cannot exceed 2 years’ wage.
  • UAE nationals: covered by the pensions and social security legislation instead (Art. 51(1)).
Years of continuous service Gratuity (in days’ wage)
1 year 21 days
3 years 63 days
5 years 105 days
7 years 165 days (105 + 60)
10 years 255 days (105 + 150)

These examples use whole years only. How part-years are treated, and which pay items make up the daily wage, can change the total, so check the figure against your contract and payslips.

  • Old “unlimited” contracts: if you were employed on an unlimited contract under the old 1980 law, your end-of-service may be calculated under the old law’s unlimited-contract rules, subject to the conversion rule (Art. 68(3)).
  • Leaving without notice: you keep your end-of-service rights in the cases listed in Article 45, such as the employer failing to correct a breach of the contract, assault or harassment, or serious danger at work.

For notice periods (30 to 90 days under Art. 43(1)) and other questions about how a job ended, see our UAE termination law services.

How do you file a MOHRE complaint for unpaid gratuity?

File it online through the MOHRE app or website. Labour disputes must go to MOHRE first, so it can try to reach an amicable settlement (Art. 54(1)).

  1. Log in to the MOHRE app or website and start a labour complaint.
  2. Enter your details, your employer’s details and the amounts you claim, including gratuity and any other unpaid dues.
  3. Upload your contract, payslips and the written requests you sent.
  4. MOHRE first tries to settle the dispute between you and the employer.
  5. Watch for MOHRE notifications, because some deadlines run from the date you are notified.

For help, call MOHRE on 600590000 or the Labour Claims and Advisory line on 80084.

What happens next: a MOHRE decision or a court case?

It depends on the amount. MOHRE decides claims of AED 50,000 or less itself, and larger claims that are not settled go to court.

Your claim What happens Next step
AED 50,000 or less Since 1 January 2024, MOHRE can issue a final, enforceable decision Either side can challenge it before the competent court within 15 working days of notification
Any amount, where a party did not comply with an earlier MOHRE amicable settlement MOHRE can issue a final, enforceable decision The same 15-working-day window applies
Above AED 50,000 If there is no settlement, MOHRE refers the dispute to the competent court with a memo You then file the case in court

The AED 50,000 decision power was introduced by Federal Decree-Law No. 20 of 2023. If you want to challenge a MOHRE decision, or the employer challenges it, act quickly: 15 working days is a short window.

Workers and their heirs are exempt from judicial fees for claims under AED 100,000 (Article 55, as described on u.ae).

What is the time limit to claim unpaid gratuity?

You must bring your claim within 2 years from the end of your employment. After that, it will not be heard (Art. 54(9)).

The limit used to be 1 year. Federal Decree-Law No. 9 of 2024 extended it to 2 years from late August 2024. Some older articles and government pages still say 1 year, so do not rely on them for this point. Do not wait until the end of the 2 years: documents get lost, companies close, and the MOHRE stage and any court case take time.

What if your employer still does not pay?

Move to enforcement. A MOHRE decision on a claim of AED 50,000 or less is enforceable, and a court judgment is enforced through the court’s execution process.

In an execution case, the judge can order disclosure of the debtor’s assets from sources such as banks, and can attach assets. Read more about how execution cases work in the UAE.

Check, too, whether you have a claim beyond your gratuity. If your employer ended your job because you made a serious complaint to the Ministry, or filed a lawsuit against them that proved valid, the termination is unlawful under Article 47. The court sets compensation, capped at 3 months’ wage (Art. 47(2)). See our page on arbitrary dismissal compensation.

Can you claim gratuity after leaving the UAE?

The 2-year limit runs from the end of your employment, wherever you live (Art. 54(9)). But the claim must still start with MOHRE, and following a complaint or court case from abroad is harder in practice.

  • If you can, file your MOHRE complaint before you leave.
  • Keep copies of your contract, payslips, bank statements and messages with the employer.
  • Keep a working phone number and email address, so you receive notifications.
  • If you have already left, ask us whether someone in the UAE can act for you under a power of attorney, and how a document signed abroad must be legalised and attested.

Does this guide apply to free zone and domestic workers?

This guide covers private-sector employees on the UAE mainland under Federal Decree-Law No. 33 of 2021. MOHRE’s AED 50,000 decision rule also covers domestic workers and recruitment agencies. If you worked in a free zone, check which employment rules and complaint route applied to you before you file, because free-zone employment can follow different rules.

How Tasheel Legal can help

Tasheel Legal Consultancy in Dubai helps employees in Dubai, Sharjah and across the UAE recover unpaid gratuity and final dues. Our UAE labour law services include:

  • checking your gratuity figure against Article 51 and your contract;
  • drafting a clear written demand to your employer;
  • preparing your MOHRE complaint and supporting documents;
  • advising on a MOHRE decision and the 15-working-day window to challenge it;
  • preparing claims above AED 50,000 for court, working with licensed advocates where court representation is required;
  • advising on enforcement if the employer still does not pay.

First steps: send us your contract, last payslips, termination or resignation letter and any messages with your employer. We review them, tell you what you can claim and confirm the cost before we start.

Call or WhatsApp +971 50 175 0107, email info@tasheellegal.ae, or visit our office in Al Twar 5, Dubai, Saturday to Thursday, 9:00 to 17:00. We serve Sharjah clients from our Dubai office (Al Twar 5), by phone, WhatsApp and online.

Frequently asked questions

How is gratuity calculated in the UAE?

Under Article 51 of Federal Decree-Law No. 33 of 2021, a foreign full-time worker with at least 1 year of continuous service receives 21 days’ wage for each of the first 5 years and 30 days’ wage for each later year, capped at 2 years’ wage. For example, 7 full years gives 165 days’ wage.

What is the time limit to claim unpaid gratuity in the UAE?

You must claim within 2 years from the end of your employment (Article 54(9), as amended by Federal Decree-Law No. 9 of 2024). Before late August 2024 the limit was 1 year, and some older pages still say so. File your MOHRE complaint well before the deadline.

Can MOHRE order my employer to pay my gratuity?

Yes, for claims of AED 50,000 or less. Since 1 January 2024, MOHRE can issue a final, enforceable decision on these claims, which either side can challenge before the competent court within 15 working days of notification. Larger claims that are not settled are referred to the competent court.

Can I go straight to court for unpaid gratuity?

No. Labour disputes go to MOHRE first for an amicable settlement (Art. 54(1)), and the court will not accept a case that skipped the MOHRE procedure (Art. 54(8)). File through the MOHRE app or website, or call 600590000 or the Labour Claims and Advisory line on 80084 for help.

Do I have to pay court fees for a labour claim?

Not for smaller claims. According to u.ae, workers and their heirs are exempt from judicial fees for claims under AED 100,000 (Article 55 of the Labour Law). Claims of AED 50,000 or less can be decided by MOHRE itself, unless one side challenges the decision in court.

Can I claim gratuity if I worked less than a year?

Article 51 gives gratuity to foreign full-time workers who complete at least 1 year of continuous service. If you left before 1 year, you may still be owed other amounts, such as unpaid salary, which can be claimed through a MOHRE complaint within 2 years of the end of your employment.

Can I claim my gratuity after leaving the UAE?

The 2-year time limit runs from the end of your employment, wherever you live, but the claim must still start with MOHRE and is harder to follow from abroad. If possible, file before you leave. If you have already left, ask whether someone can act for you under a power of attorney.

Last updated: 20 October 2026. This page is general information, not legal advice. Contact us about your own situation.

Sources