Your obligations on contracts, probation, notice, dismissal and end-of-service gratuity in the UAE private sector. We are not a law firm, and a contested claim belongs with MOHRE or the courts.
Federal Decree-Law 33 of 2021, as amended by FDL 20 of 2023, governs the private sector across the UAE. Free zone employees are generally covered. DIFC and ADGM run their own employment laws, so these rules do not apply there.
Get these dates wrong and the cost lands on the employer as a notice period allowance or as compensation equal to the notice period wage.
| Situation | Period | Governing article | Employer note |
|---|---|---|---|
| Either party terminates for a legitimate reason | Not less than 30 days, not more than 90 days, as agreed | Article 43 | Written notice; the same period for both parties unless the difference favours the worker |
| Employer terminates during probation | 14 days' written notice | Article 9 | Maximum probation is 6 months from commencement |
| Worker moves to another UAE employer during probation | 1 month's written notice | Article 9 | The new employer compensates the original for recruitment costs unless agreed otherwise |
| Worker leaves the UAE during probation | 14 days' written notice | Article 9 | Returning within 3 months on a new permit triggers the same compensation |
| Worker leaves the country without complying | No period; consequence applies | Article 9 | No work permit for one year |
| Worker notifies MOHRE of an employer breach before quitting | 14 working days | Article 45 | Full end-of-service rights survive where the employer fails to rectify after MOHRE notifies it |
| Worker reports assault, violence or harassment | 5 working days | Article 45 | Report to the authorities and MOHRE; end-of-service rights are preserved |
| Appeal against a MOHRE decision | 15 working days from notification | Article 54 | A hearing is set within 3 working days and the case decided within 15 working days |
A full-time foreign worker who has completed one year or more of continuous service is entitled to gratuity under Article 51. It is calculated on the basic wage, not total salary. The most common employer error is calculating on gross salary.
| Item | Rule or figure | Worked example on basic AED 6,000, 7 years |
|---|---|---|
| First 5 years | 21 days' basic wage per year | AED 6,000 / 30 x 21 = AED 4,200 per year x 5 = AED 21,000 |
| Each year beyond 5 | 30 days' basic wage per year | AED 6,000 / 30 x 30 = AED 6,000 per year x 2 = AED 12,000 |
| Total | Sum of both bands | AED 33,000 |
| Wage base | The last basic wage the worker was entitled to | Allowances are excluded, and a package that is 40% basic produces a smaller gratuity, lawfully |
| Part years | Count in proportion, once the first full year is complete | Applies after one year of continuous service |
| Unpaid absence | Excluded from the service term | Deduct those days before applying the bands |
| Ceiling | Total gratuity can never exceed two years' wage | The cap applies however long the service |
| Deductions | The employer may deduct amounts payable under law or judgment | Set against the gratuity due |
| UAE nationals | Not on gratuity | They fall under the pension and social security regime |
| Alternative schemes | The Cabinet may approve alternative end-of-service savings schemes in place of gratuity | Article 51(8); some employers have opted in |
There are two different exits, and the paperwork decides which one you are actually in. A contested dismissal, or a claim above AED 50,000, needs a lawyer; this page is not legal advice.
Talk to My Eloah about contracts, notice, gratuity sums and final settlements for your UAE workforce.
Send us the contract, the dates and the basic wage, and we will set out what the law requires of you.
Tell us your situation and a consultant replies with what actually applies to you, what it costs and what we need from you to start.