How UAE end-of-service gratuity is calculated.
A plain-language breakdown of the Article 51 formula, the daily wage, service tiers, contract rules, and the 2-year cap, with worked examples you can check against our calculator.
1. Overview
End-of-service gratuity (also called end-of-service benefit or EOSB) is a lump-sum payment every employee in the UAE private sector is entitled to receive when they leave a job after completing at least one year of continuous service.
The entitlement is governed by UAE Federal Decree-Law No. 33 of 2021 (the New Labour Law), specifically Article 51, which came into effect on 2 February 2022. Prior to this, the 1980 Labour Law (Federal Law No. 8 of 1980) applied.
The formula has three inputs: your basic salary, your length of service, and your contract type. Allowances (housing, transport, etc.) are explicitly excluded.
2. Step 1, Calculate the daily wage
The daily wage is the foundation of the calculation. Article 51 defines it as:
Formula
Daily wage = Monthly basic salary ÷ 30
The divisor is always 30, regardless of the actual number of days in the month. This is a legal convention, not a calendar calculation.
Example
Monthly basic salary: AED 8,000
Daily wage: AED 8,000 ÷ 30 = AED 266.67
Important
Only the basic salary is used. Housing allowance, transport allowance, food allowance, commissions, bonuses, overtime, and all other allowances are excluded from the gratuity calculation.
3. Step 2, Determine the service period
Service is measured from your first day of employment to your last working day. Days on unpaid leave are excluded, they do not count toward the gratuity-eligible service period.
The threshold rules are:
- ✗Less than 1 year, no gratuity entitlement. The first 12 months must be completed in full.
- ✓1 to 5 years, gratuity accrues at 21 days of basic salary per year, pro-rated for partial years.
- ✓More than 5 years, the first 5 years accrue at 21 days/year; every additional year accrues at 30 days/year.
Partial years are pro-rated after the first full year. For instance, 3 years and 6 months is treated as exactly 3.5 years.
4. Step 3, Apply the gratuity formula
Full formula (new law / limited contract)
Daily wage = Monthly basic salary ÷ 30
If service ≤ 5 years:
Gratuity = Daily wage × 21 × service_years
If service > 5 years:
Gratuity = Daily wage × (21 × 5) + Daily wage × (30 × (service_years − 5))
Cap: Gratuity cannot exceed Daily wage × 30 × 24
The formula can also be expressed using months for precision. Our calculator converts your join and last-working dates to calendar months, which gives exact results that match manual MOHRE calculations.
5. New law vs. legacy unlimited contract
The 2022 reform changed how resignation is treated. Under the new law, limited contracts are the standard, and the reason for leaving is irrelevant to the gratuity amount. Legacy unlimited contracts are no longer issued, but existing ones may still apply their old rules.
| Scenario | Limited (New Law) | Unlimited (Legacy), Termination | Unlimited (Legacy), Resignation |
|---|---|---|---|
| < 1 year | No gratuity | No gratuity | No gratuity |
| 1–3 years | 21 days/yr | 21 days/yr | ⅓ × (21 days/yr) |
| 3–5 years | 21 days/yr | 21 days/yr | ⅔ × (21 days/yr) |
| 5+ years | 30 days/yr (excess) | 30 days/yr (excess) | Full amount |
"Excess" refers to the years beyond 5. All scenarios use 21 days/year for the first 5 years and 30 days/year for any years above 5, before the sliding scale (if any) is applied.
6. The 2-year cap
Regardless of the calculation, total gratuity is capped at two years of basic salary:
Maximum gratuity = Monthly basic salary × 24
In practice, the cap only kicks in for employees with very long service periods, approximately 25 years or more. For most employees it never applies.
Our calculator automatically checks whether the cap applies and displays a warning if your calculated amount exceeds it.
7. Worked examples
Example 1, 6 years, termination, new law
Monthly basic salary: AED 8,000 · Service: 6 years · Contract: limited · Reason: termination
Daily wage = 8,000 ÷ 30 = AED 266.67
First 5 years: 266.67 × 21 × 5 = AED 28,000.00
Year 6 (30 days): 266.67 × 30 × 1 = AED 8,000.00
Total gratuity = AED 36,000.00
Example 2, 7 years 4 months, new law
Monthly basic salary: AED 15,000 · Service: 7 years 4 months · Contract: limited
Daily wage = 15,000 ÷ 30 = AED 500.00
First 5 years: 500 × 21 × 5 = AED 52,500.00
2 yrs 4 months (30 days/yr): 500 × 30 × 2.333 = AED 35,000.00
Total gratuity = AED 87,500.00
Example 3, Unlimited contract resignation (1–3 years)
Monthly basic salary: AED 6,000 · Service: 2 years · Contract: unlimited · Reason: resignation
Daily wage = 6,000 ÷ 30 = AED 200.00
Full 21-day amount: 200 × 21 × 2 = AED 8,400.00
Sliding scale (1–3 yrs resignation): × ⅓ = AED 2,800.00
Total gratuity = AED 2,800.00
8. Article 51, reference
The complete legal basis for gratuity calculations in the UAE private sector is Article 51 of Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations. Key provisions:
Article 51(1): A worker who completes one year or more in continuous service shall be entitled to an end-of-service gratuity upon the end of their service, calculated on the basis of the basic wage only, for a period of twenty-one days for each year of the first five years of service, and thirty days for each subsequent year.
Article 51(2): The worker shall be entitled to a gratuity for the fractions of the year in proportion to the period of service completed, provided that the worker has completed one year of service.
Article 51(3): The total end-of-service gratuity shall not exceed the wage of two years.
Note on unpaid leave: Days on unpaid leave are excluded from the service period for gratuity calculation purposes under the law's provisions on leave.
Source: UAE Federal Decree-Law No. 33 of 2021 on the Regulation of Labour Relations (effective 2 February 2022).
Disclaimer
This guide and the accompanying calculator provide estimates for informational purposes only. They are based on our interpretation of UAE Federal Decree-Law No. 33 of 2021, Article 51. Actual gratuity entitlements may differ based on specific contract terms, court interpretations, company policies, or other legal provisions. This content does not constitute legal advice. For binding determinations, please consult a UAE-qualified employment lawyer or contact MOHRE (Ministry of Human Resources and Emiratisation) directly.
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