Employer Record-Keeping Requirements for Gratuity
Legal Obligation
Employers must retain for minimum 5 years:
- Employment contracts
- Payroll records
- Leave documentation
- Termination letters
- Gratuity calculations and payment proof
MOHRE enforcement: Non-compliance can result in fines and audit issues.
Required Documents
Employment Contract
✅ Signed by both parties
✅ Original + copies for employee
✅ Terms, salary, duration clearly stated
Payroll Records
✅ Monthly salary slips (all years)
✅ Proof of on-time payment
✅ Deductions documented
✅ Basic salary breakdown
Service Records
✅ Attendance/leave records
✅ Promotion history
✅ Probation completion
✅ Contract renewals
Gratuity Calculation
✅ Written calculation showing formula
✅ Itemized breakdown (Tier 1, 2, 3)
✅ Any deductions with justification
✅ Payment proof (bank transfer, cheque)
Employee Right to Access
You can request copies of:
- Your contract
- Payslips
- Gratuity calculation
- Any records MOHRE requires
Employer must provide within reasonable timeframe (usually 7 days).
Penalties for Non-Compliance
Missing records can result in:
- ❌ MOHRE fines on employer
- ❌ MOHRE assumes employee claim is correct (presumes fraud)
- ❌ Court awards favour employee (burden shifts)
- ❌ Work permit issues
Your Protection
If employer claims "no records":
- MOHRE presumes employer's calculation is fraudulent
- You provide your claim (with evidence you can gather)
- Burden on employer to prove otherwise
- You're likely awarded your claimed amount
What This Means for Disputes
If employer has poor records:
- You win by default (MOHRE rule)
- Employer must prove they paid or calculation was correct
- Lack of documentation = employee protection
For an instant end-of-service estimate, use our online gratuity calculator UAE.
Disclaimer: MOHRE compliance requirements as of 2025.
