Home / Federal Decree-Law 33 of 2021, as amended

Employment Law
for UAE Employers

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.

21 daysBasic wage per year, first 5 years
30-90 daysContract notice range
6 monthsMaximum probation
14 daysFinal settlement deadline
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01
Where you stand

Your duties across the contract

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.

Contract terms and notice — Either party may terminate for a legitimate reason with written notice of not less than 30 days and not more than 90 days, as agreed in the contract. The notice period must be the same for both parties unless the difference favours the worker.
Probation, once only — Probation runs for a maximum of 6 months from commencement. A worker cannot be placed on probation twice with the same employer, and probation counts towards the service term once passed.
The contract lives through notice — The contract stays valid through the notice period. The worker is paid in full and works if required. Where the employer terminates, the worker may take one unpaid working day per week to job-hunt, on 3 days' prior notice.
Leave and health fitness — An employer may not terminate for lack of health fitness before the worker has used accrued leave, and any agreement otherwise is void. The detail on annual leave, sick leave, maternity and overtime sits in the Implementing Regulation, which is outside the scope of this page.
Final settlement in 14 days — All outstanding wages, entitlements and gratuity must be paid within 14 days of contract termination. Failure to give notice creates a notice period allowance equal to the wage for the full or remaining notice period, payable even where no damage was caused.
Company changes and transfers — Employment contracts survive a change in the establishment's form or legal status, and the new employer inherits them. A worker may move to another employer on contract expiry under the Implementing Regulation's conditions.
02
Periods to diary

Notice and probation periods

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.

SituationPeriodGoverning articleEmployer note
Either party terminates for a legitimate reasonNot less than 30 days, not more than 90 days, as agreedArticle 43Written notice; the same period for both parties unless the difference favours the worker
Employer terminates during probation14 days' written noticeArticle 9Maximum probation is 6 months from commencement
Worker moves to another UAE employer during probation1 month's written noticeArticle 9The new employer compensates the original for recruitment costs unless agreed otherwise
Worker leaves the UAE during probation14 days' written noticeArticle 9Returning within 3 months on a new permit triggers the same compensation
Worker leaves the country without complyingNo period; consequence appliesArticle 9No work permit for one year
Worker notifies MOHRE of an employer breach before quitting14 working daysArticle 45Full end-of-service rights survive where the employer fails to rectify after MOHRE notifies it
Worker reports assault, violence or harassment5 working daysArticle 45Report to the authorities and MOHRE; end-of-service rights are preserved
Appeal against a MOHRE decision15 working days from notificationArticle 54A hearing is set within 3 working days and the case decided within 15 working days
03
End of service

How gratuity is calculated

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.

ItemRule or figureWorked example on basic AED 6,000, 7 years
First 5 years21 days' basic wage per yearAED 6,000 / 30 x 21 = AED 4,200 per year x 5 = AED 21,000
Each year beyond 530 days' basic wage per yearAED 6,000 / 30 x 30 = AED 6,000 per year x 2 = AED 12,000
TotalSum of both bandsAED 33,000
Wage baseThe last basic wage the worker was entitled toAllowances are excluded, and a package that is 40% basic produces a smaller gratuity, lawfully
Part yearsCount in proportion, once the first full year is completeApplies after one year of continuous service
Unpaid absenceExcluded from the service termDeduct those days before applying the bands
CeilingTotal gratuity can never exceed two years' wageThe cap applies however long the service
DeductionsThe employer may deduct amounts payable under law or judgmentSet against the gratuity due
UAE nationalsNot on gratuityThey fall under the pension and social security regime
Alternative schemesThe Cabinet may approve alternative end-of-service savings schemes in place of gratuityArticle 51(8); some employers have opted in
04
Ending it properly

Dismissal, cause and the dispute route

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.

Termination without cause — Either party may terminate for any legitimate reason with written notice of 30 to 90 days. Wages run through the notice period, gratuity is due, and the settlement is paid within 14 days. The parties may agree to waive or shorten notice while preserving the worker's rights.
Dismissal without notice, Article 44 — Permitted only after a written investigation, with a written and justified decision handed to the worker. The grounds include impersonation or forged documents, gross physical loss or admitted deliberate damage, breach of posted safety instructions, failing basic contractual duties after a written investigation and two warnings of dismissal, disclosing a work secret, being drunk or under narcotics at work, assault by word or action, exploiting the position for personal gain, and joining another establishment without following the rules.
Absence and reporting duties — Absence without legitimate reason for more than 20 intermittent days in a year, or more than 7 consecutive days, is an Article 44 ground. Where a mistake causes gross physical loss, the employer must inform MOHRE within 7 working days of becoming aware. For absconding, the employer must notify MOHRE, and the worker gets no new work permit for one year.
Procedure decides the outcome — No written investigation and no written justified decision means no valid Article 44 dismissal. The employer then pays notice and gratuity anyway, plus exposure under Article 47. Never draft a dismissal without a written investigation where Article 44 is relied on.
Unlawful termination, Article 47 — Termination is unlawful where it follows the worker filing a serious MOHRE complaint or a lawsuit that is proven valid. The court sets fair compensation, capped at 3 months' wage on the last wage, in addition to notice allowance and end-of-service benefits. Never terminate an employee for filing a MOHRE complaint.
MOHRE, then the courts — A dispute is filed with MOHRE, which reviews it and attempts an amicable settlement. MOHRE issues a final judgment where the claim is AED 50,000 or less, or at any value where a party does not comply with an amicable settlement decision, and the decision is annotated with execution force. Larger or unresolved claims go to the competent court with a MOHRE memorandum. A claim cannot be heard more than one year after the right fell due.
06
FAQ

Common Questions.

A full-time foreign worker who has completed one year or more of continuous service is entitled under Article 51. Part years then count in proportion. UAE nationals are not on gratuity, as they fall under the pension and social security regime.
On the basic wage only, using the last basic wage the worker was entitled to. Allowances are excluded, so a package that is 40% basic and 60% allowances produces a much smaller gratuity, and that is lawful. Total gratuity can never exceed two years' wage.
Not less than 30 days and not more than 90 days, as agreed in the contract, in writing and for a legitimate reason. The period must be the same for both parties unless the difference favours the worker. Failure to give notice creates a notice period allowance equal to the wage for the full or remaining notice period, payable even where no damage was caused.
Yes, on 14 days' written notice from the employer, within a probation period of no more than 6 months from commencement. A worker cannot be placed on probation twice with the same employer. A worker moving to another UAE employer during probation gives 1 month's written notice, and the new employer compensates the original for recruitment costs unless agreed otherwise.
Only on an Article 44 ground, and only after a written investigation with a written and justified decision handed to the worker. Grounds include forged documents, gross physical loss, breach of posted safety instructions, assault, and absence without legitimate reason for more than 20 intermittent days in a year or more than 7 consecutive days. Without the procedure the dismissal fails and notice and gratuity fall due anyway.
It is filed with MOHRE, which attempts an amicable settlement and issues a final judgment where the claim is AED 50,000 or less. Either party may appeal to the Court of Appeal within 15 working days of notification, which suspends execution. Larger or unresolved claims are referred to the competent court, and a claim cannot be heard more than one year after the right fell due.

Employment paperwork that holds
before anyone files a complaint

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