UAE Gratuity Rules for Limited & Unlimited contracts
Q:
When to collect Gratuity, Before Cancellation or After Cancellation?
Q:
What is newest Law for Gratuity in UAE?
Q:
What is the difference between Termination and Resignation?
Q:
How to Calculate Gratuity?
Q:
What is the Gratuity for Limited Contract Holders?
Q:
What is the Gratuity for Unlimited Contract Holders?
Q:
I have just completed 2 Years, what is my Gratuity?
Q:
I cancelled before completing Contract Period, will i get my Gratuity?
Q:
I am working in current company for more than 5 Years, what is my gratuity?
Q:
Am i eligible to get Gratuity in case of termination by Company?
Q:
Please describe UAE Gratuity Law.
Q: I am working under Free Zone Company, what is my Gratuity?
Q:
What are the New Rules for Gratuity in private Companies?
Also Read: Gratuity for Domestic Workers
Also Read: Gratuity for Domestic Workers
We
experienced that some employees have not given what they was estimated, and
most of employees even do not know the calculation process.
This
Article will show you step by step guidance to calculate your Gratuity in case
of Resignation or Termination.
Before beginning to Article please note
that the Gratuity calculation is based on Resignation and Termination and
will only be calculate by BASIC SALARY.
Resignation means if employee quit a job
before completing contract while Termination means where company terminate an
Employee or Worker.
GRATUITY FOR UNLIMITED CONTRACTS:
Less than 1 Year:
As per UAE LABOUR Law Article 132,
Section 2, if worker Resigns with less than a year of service, he will not get
any gratuity.
Gratuity is only applicable when an
employee completes one year of service with
a company.
More than 1 & Less than 3 Years:
If worker Resigns and he worked between
1-3 Years he should take 1/3rd of 21 days of basic salary for each year
of employment.
More than 3 & Less than 5 Years:
If worker Resigns and he work more than 3
but less than 5 years, he should take 2/3rd 21
days for every year of worked.
More than 5 Years:
Resignation under Unlimited Contract
after 5 years, worker should take 21 days basic salary for every year he/she
worked and 30 days basic salary for additional years. (if work with same company above 5 years)
What if Company Terminates
the Employee?
In case of Unlimited contract where the
company terminates the worker, 21 days of wages from minimum 1 and maximum 5
years should be paid to Employee, If employee worked for more than 5 years,
he/she will be eligible for 30 Days of Basic wage for each year of worked.
GRATUITY
FOR LIMITED CONTRACTS:
Gratuity for Limited Contracts are
slightly different from Unlimited Contracts.
1/3rd and 2/3rd system does not
apply under limited contract.
Without Completing Contract:
It is clearly mentioned in UAE LABOUR Law
Article 138 that If employee have not completed his/her Limited Contract
period
as signed in Agreement, he/she will not be eligible for any
Gratuity.
In simple words, if someone signed a
contract for 2 years but resigned after 14 months, company will do not pay any
gratuity to that worker.
1-5 Years:
If you have accomplished
your
limited contract and it is within 1 to 5 years, you are entitled
for
21 day’s basic salary wage
for every single year
of work.
More than 5 Years:
If you have completed 5 years
of continuous service with your company and have resigned contract, then
for the first 5 years
of work you
are eligible for 21 day’s basic wage & for the service above 5
years, you will
get paid 30 day’s
basic wage for
every year of service.
What if Company Terminates the Employee
under Limited Contract?
In case you have been terminated by your
Employer or Company and you have not completed your 1 year yet, you will not
eligible for any gratuity, but if worked with the company for more than 1 year
and less than 3 years, you will get 30 day’s of basic salary for No. of years
your served before termination.
Follow
below formula and calculate your Gratuity Online Now.
Formula 1:
Basic Salary ÷ 30 (days in Month) x 21 (basic salary days) x
2 (years of service)
Example: 3000 ÷ 30 x 21 x 2
= 4200
How it Works?
3000 ÷ 30 = 100 Your daily Wage is 100
AED
100 x 21 = 2100 So, your 21 days of basic
wage is 2100.
Now Multiply your basic wage with the No.
of years you work :2100 x 2 = 4200
Formula 2:
Basic Salary x 21 days x No. of years of
service / 30
Example: 3000
x 21 x 2 /30 = 4200 AED
FAQs:
Q: What is the maximum Gratuity that we can get?
As per UAE LABOUR LAW, Article 132, maximum gratuity amount for employee cannot exceed 2 years gross salary.
Q: Do I get 3 month salary in case of termination?
Yes, if you are terminated for reason other than mentioned in UAE LABOUR LAW Article 120, you are eligible for 3 month’s compensation.
Q: When to collect Gratuity, Before Cancellation or After Cancellation?
The Gratuity should be paid before the cancellation of your your Labour Card or Visa, as company can take a sign from you on cancellation letter that may mention "I have Received all dues from this Company". Once you have signed that document you cannot claim your Gratuity again.
For more FAQ’s please Leave Your Comments Below, experts will answer your Queries.
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I am working in a company at Dubai,in limited contract basis. I completed 2 years and renewed my visa,now I am resigning from my job? Should I have to pay any penalty for this or they will diduct anything from settlement? Please give a reply
ReplyDeleteIf someone working with a Company under limited contract of two years and don't want to resign his job after completing two years,will he be given Gratuity by the company....?
ReplyDelete