Note: This guide is for info only. It's not legal advice. Talk to MOHRE or a lawyer for your case.
Who Gets Gratuity in UAE 2025?
Quick Answer: Work 1 year after probation? You get gratuity. It's that simple. How much you get depends on whether you quit or your boss fires you.
The law is clear: work 1 full year in UAE's private sector, and you earn gratuity. Quit too early? You might get less. Let's break it down.
Do You Qualify?
Yes, You Qualify If:
You work in the private sector (shops, hotels, offices, etc.)
Your company is UAE-registered
You have a written work contract
You've worked 1+ year after probation
Your job ended normally (quit, fired, or contract ended)
No, You Don't Qualify If:
You work for the government (they have pensions)
You're in the military or police
You work at an embassy
You left before 1 year
You worked casually without a contract
The 1-Year Rule
You need 1 year of work after probation to get gratuity. That's the law.
What counts as work time:
- Normal work days - Annual leave - Sick leave - Maternity leave - Public holidays - Skipped work without permission Example:
| What Happened | When | Result | |--------------|------|--------| | You started work | Jan 1, 2023 | Probation begins | | Probation ended | June 30, 2023 | Your "gratuity clock" starts | | 1 year done | June 30, 2024 | You now qualify | | You left | March 15, 2025 | You worked 1 year 8.5 months |
Left Before 1 Year?
Sorry, no gratuity. Not even if you worked 11 months and 29 days.
You still get:
- Your final paycheck
- Unused leave pay
- Your flight home (if in contract)
But no gratuity. Zero.
Probation Doesn't Count
Probation can be up to 6 months. That time doesn't count toward gratuity.
Example:
- Started: March 1, 2024
- Probation ended: August 31, 2024 (6 months)
- Your gratuity clock started: September 1, 2024
- Need to work until: September 1, 2025 to qualify
How You Leave Changes Everything
The big question: Did you quit or did they fire you?
If Your Boss Fires You
You get 100% of your gratuity. No cuts. No penalties.
This includes:
- They end your contract early
- They don't renew your contract
- Layoffs or company closing
- Your position was cut
Example:
- Worked: 3 years
- Basic salary: AED 10,000/month
- Gratuity: (10,000 ÷ 30) × 21 × 3 = AED 21,000
- You get all of it.
If You Quit
You get less unless you've worked 5+ years.
| Years Worked | What You Get | |--------------|--------------| | Less than 1 year | Nothing | | 1 to 3 years | 1/3 (33%) | | 3 to 5 years | 2/3 (67%) | | 5+ years | Full amount (100%) |
Examples:
Quit after 2 years:
- Full gratuity would be: AED 14,000
- You get 33%: AED 4,667
Quit after 4 years:
- Full gratuity would be: AED 28,000
- You get 67%: AED 18,667
Quit after 6 years:
- Full gratuity: AED 57,000
- You get 100%: AED 57,000 (no penalty!)
Both Sides Agree to End It
If you and your boss agree to part ways, it's usually treated like getting fired. You get full gratuity unless your agreement says otherwise.
Your Contract Ends
Fixed-term contract ended? Here's what happens:
- Boss doesn't renew You get 100% (same as getting fired)
- You turn down a renewal offer Treated as quitting (penalty applies)
Retirement
Retiring counts as getting fired. You get 100% of your gratuity.
Special Cases
Part-Time Workers
Yes, you qualify! Just need 1 year of work. Your gratuity is based on your part-time pay.
Domestic Workers
Maids, nannies, drivers, cooks? Yes, you qualify too. Same rules apply. Just make sure your contract is registered with MOHRE.
Multiple Contracts with Same Boss
Signed a new contract with the same company? Your service years usually carry over if there's no gap. Ask your HR to confirm this in writing.
Company Got Bought Out
Your service continues with the new owners. Your gratuity clock keeps ticking.
When You Lose Everything (Article 44)
There's one way to lose all your gratuity: serious misconduct.
Article 44 reasons (your boss needs proof):
- Fake ID or documents to get hired
- You caused big financial losses
- Broke safety rules that hurt someone
- Skipped work 7+ days straight or 20+ days in a year
- Shared company secrets
- Convicted of a crime involving dishonesty
- Drunk or high at work
- Hit your boss or coworker
Your rights:
- Boss must give you a written letter stating the reason
- You can appeal to MOHRE within 14 days
- Most appeals win if the boss has weak evidence
Important: Minor mistakes don't count. You need serious proof for Article 44.
Checklist: Are You Eligible?
Basic stuff:
- [ ] I work in the private sector
- [ ] I have a written contract with MOHRE
- [ ] I finished probation
- [ ] I've worked 1+ year after probation
- [ ] I'm leaving my job properly (not running away)
How I'm leaving:
- [ ] Boss fires me I get 100%
- [ ] I quit after 1-3 years I get 33%
- [ ] I quit after 3-5 years I get 67%
- [ ] I quit after 5+ years I get 100%
- [ ] Contract ends I get 100%
My documents:
- [ ] I have my contract
- [ ] I know my start date and when probation ended
- [ ] I have payslips showing my basic salary
- [ ] I have my resignation or termination letter
- [ ] I asked HR for my final settlement breakdown
How to Get Your Money
Step 1: Give notice or get your termination letter
Step 2: Ask HR for a final settlement statement within a few days
Step 3: Check the math
- Count your service years (after probation)
- Check if they applied the right penalty
- Make sure they used basic salary (not total)
Step 4: If it's correct, sign and get paid within 14 days
Step 5: If it's wrong, don't sign! File a complaint with MOHRE right away.
Boss Says No Gratuity?
Here's what they might say (and why they're wrong):
"You quit, so no gratuity" Wrong. You still get partial gratuity after 1 year.
"Probation counts, you don't have 1 year yet" Wrong. Probation never counts.
"Fired for bad performance, no gratuity" Wrong. Only Article 44 can take your gratuity.
"Our contract says no gratuity" Wrong. Contracts can't remove your legal rights.
What to do:
- Ask them to explain in writing
- Check your contract and dates
- Do your own calculation
- File with MOHRE if you're right
MOHRE Contact:
- Website: mohre.gov.ae
- Phone: 600590000
- Time limit: 2 years from when you left
Common Questions
Does probation count toward my 1 year?
No. Your 1-year count starts AFTER probation ends.
What if I leave at 11 months?
No gratuity. The 1-year rule is firm.
Can my contract say "no gratuity"?
No. It's your legal right. Contracts can add benefits, not take them away.
I wasn't paid for 3 months. Do I still get gratuity?
Yes. Unpaid salary is a separate issue. File for both.
Fired for poor work. Do I get gratuity?
Yes. Unless it's Article 44 misconduct with proof.
Does maternity leave count?
Yes. It counts as service time.
I worked at 2 companies, 6 months each. Do I qualify?
No. You need 1 year with ONE employer. Service doesn't combine across companies.
Official Sources
This info is based on:
- Federal Decree-Law No. 33 of 2021 (Article 51)
- Article 44 (Misconduct rules)
- Cabinet Resolution No. 1 of 2022 (Probation rules)
- MOHRE guidelines (mohre.gov.ae)
Need help? Call MOHRE: 600590000
Check If You Qualify
Use our calculator to see your estimated gratuity based on your work history.
Related Pages
- How to Calculate Gratuity in UAE
- UAE Labour Law 2025
- Resignation vs Termination: How Gratuity Differs
- Service Years: How They Affect Gratuity
Use our free gratuity calculator for an instant estimate.
Disclaimer: This info is current as of November 2025. It's not legal advice. Your situation may be different. Talk to MOHRE or a lawyer for help.
