Questions & Answers
Questions & Answers
3 available 3 • View allWhat is included in the computation of the end of service gratuity?
1
Q: HI.
I have recently resigned from my organization. What I want to know is that in the end of service gratuity calculation, the paid leave amount consists of basic pay only.
Shouldn't the HRA be part of paid leave amount as well in addition to basic pay?

Aug 9, 2021
196
Calculation of the end of service benefits upon resignation
8
Q: Dear Sir,
I am working in a Hospital as a Registered Nurse from 11.05.2014.
My first two labour contracts were unlimited labour contract and after finishing the second contract term, the hospital management renewed the labour contract with a new limited labour contract.
I have resigned from the hospital now and I am in the 2 months notice period as per contract. I like to know about the calculation of my gratuity amount.
As per the hospital management, they calculate the gratuity as 14 days x 4 years (for the completed unlimited contract period).
Whereas I have completed total 5 years and 4 months period in total with the hospital (4 years with unlimited contract and 1 year and 2 months with limited contract).
Kindly confirm this gratuity calculation is correct as per the UAE labour law.
Also, the hospital management asked me to pay a two-months full salary as a penalty since I am resigning without completing the limited contract.
I am awaiting your valued reply.

Aug 8, 2019
7747
Calculation of the EOSB and notice period in case of termination
2
Q: Hello,
I was working in a software company in Dubai Internet City (Free Zone), as a Sales Executive. My salary was composed of:
1. Basic Salary
2. Allowances
3. Commission (non-fixed)
I would like to understand what the right calculation is as per the UAE Labour Law for the notice period, arbitrary dismissal, gratuity and commission if it is counted.
Thank you

Dec 25, 2019
1052
Legal blog
1 available 1 • View allAn Overview of the New UAE Labor Law and Recent Amendments of 2024 235
The UAE has adopted a major reform in its legislative system that brought about 40 new laws and amendments to the company law, criminal law, personal status, among others. The amendments aim to develop the legislative structure in various sectors, the labor law being one of these, was the most recent. We try in this article to shed light on the changes introduced with the new labor law and their significance on both, the employer and employee.
Sep 10, 2024
93787
Laws & Regulations
3 available 3 • View allFederal Decree-Law No. (33) of 2021 On the Regulation of Labor Relations 34
The provisions of this Decree-Law, known as "New UAE Labor Law", govern labour relations in the private sector of the United Arab Emirates. The New Labor Law repeals the previous UAE Labor Law (Federal Law No. (8) of 1980).
Sep 20, 2021
27336
Federal Law No. (8) of 1980 Concerning the Regulation of Labor Relations 53
The provisions of this Law, known as "UAE Labour Law", govern the relationship between employers and employees and other labour matters in the United Arab Emirates. There are special labour related regulations applicable in some of the free zones in the UAE.
Apr 20, 1980
103822
Ministerial Decree No. (765) of 2015 On Rules and Conditions for the Termination of Employment Relations 8
This Decree sets the rules and conditions for the termination of fixed-term (limited) or unlimited (not term-bound) employment contract between employer and worker in the United Arab Emirates.
Sep 27, 2015
12476

Other answers by
Is it mandatory to visit the CID in person to update my records? 2
Respected Advisors,
I have been involved in a few criminal cases since 2017, but all of them were cleared by this year. I have obtained release letters for all the cases from the public prosecution office through an online portal.
Recently, I also received my residence visa. After the visa process was completed, I applied for a PCC online. However, the request was rejected.
I contacted the 901 office, and they advised me to visit the CID. I arranged for a power of attorney to be granted along with all the necessary documents to update the system.
Twice I was told to come in person, but I am hesitant to do so because of my previous negative experience.
Could someone please advise me whether I must go in person or if the person holding the power of attorney can handle the process?
Thank you!
Nov 15, 2023
720
How can the heirs of a deceased person distribute his shares if there is a minor? 1
My father died recently. We are Muslim residents in Dubai. I have siblings including a minor who is 16 years old. My father has land and vehicles under his name.
If I am applying for inheritance, does the minor need to have a share in ALL the properties and vehicles or can she be given a particular property/vehicle?
Secondly, if we want the land to be in her name, and she manages it (like renting and bank), does it require an adult?
Can the vehicles be transferred to someone else’s name without including her?
Your guidance will be very much appreciated.
Oct 26, 2023
143
Senior executive unfairly dismissed: How much compensation to claim? 2
Dear Sir/Madam,
I have been unfairly dismissed (it's personal on their end) and have been given only two months' salary apart from the compulsory gratuity and notice pay.
I would like to claim more than two months as I am a senior executive (Director).
Up to how much should I claim, and would this be a realistic amount for me to "win"?
Oct 16, 2023
154
Can we file a claim against an employee if he caused a financial loss to the company? 2
There was a legal action against an employee who failed to participate in an international event in Saudi Arabia due to a family issue that resulted in a travel ban, which in turn led to the non-signing of an AED 100,000 deal resulting in a loss to the company.
- What legal grounds exist for the employer to pursue legal action against the employee in this scenario?
- Does UAE labor law provide any specific guidance or remedies for such situations?
- What are the desired outcomes or remedies the employer can seek through legal action?
- Are there any potential legal consequences or liabilities for the employer in pursuing this case?
- What documentation and evidence are needed to support the employer's case?
Sep 14, 2023
977
What are my options if my husband is refusing to pay child support? 1
Dear Sir/Madam,
What are the charges to open an execution file in Sharjah for a divorce case and how much time will it take to execute the court order?
My husband told the court that he does not have money to pay for me and my daughter's expenses because he is earning a minimum amount in which he can only survive.
In that case, what can I do?
He closed all his bank accounts and sent money to his parents in India. He also told me that he will show in court that he does not have a job or money, so the court or police cannot do anything to him.
Can you please guide me on what I can do in this case? I do not have any proof of his salary or bank account because he was not informing me about anything related to his financial matters.
In fact, he was forcing me to ask my parents to send money to us. Because of no proof, the court agreed with him and rejected my appeal. I do not have a job and I am struggling for basic expenses.
Can I request the court to inquire about his gratuity and end of service?
Or can the court ask him to submit proof of the money that he received from his company, as he was working for 30 years in the same company?
Sep 13, 2023
355

Premium
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How can I change my visa status if my ID is about to expire and the company is blocked? 0
Hello,
My ID will expire on 14th May. The company is blocked.
I want to change my status. How can I do this?
May 9, 2025
22
Can my parents take legal action if I move out without their consent while under my father’s sponsorship? 0
Hello,
I'm 23, female, Pakistani, under my dad's sponsorship on a residence visa for the next 2 years.
During these 2 years, I hope to leave my house, but my abusive parents would raise hell if I even brought up the topic. So my only option is to leave without them knowing.
My concern is: what legal action can they take against me if I move out without their approval?
I don’t want to do anything illegal or risk my residency.
May 16, 2025
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What can I do if I cleared the travel ban at the police station but it still cannot get a clearance certificate? 0
I had a case at Al Barsha Police Station, Dubai, for one year.
On 22 April, the court announced a verdict and imposed a fine of AED 5000, which I paid on the very next day and got the certificate from DPP, which I took to the Al Barsha Police station and submitted there.
The police officer told me that they have removed the travel ban, and the records will be updated in other emirates within 24 hours.
It's been more than 48 hours now since I applied for a clearance certificate on the MOI app, and it has turned into status "review with the concerned party."
I don't have any other cases, only this case, for which I paid the penalty already.
Seeking expert advice, please.
May 16, 2025
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What to do if the free zone refused to cancel partner visa for myself and an employee due to license expiry? 0
I received this email response from Sharjah Publishing Free Zone when I asked to cancel the visa for myself and an employee so that we may take up work with a new company:
Dear Valued Applicant,
Greetings from Sharjah Publishing City Free Zone
We regret to inform you that we are currently unable to proceed with the visa cancellation for Mr. O*** F***** (Visa - Cancellation - ************) for the following reasons:
1. The company's trade license is suspended, necessitating coordination with the SPC team to address this issue.
2. The company has an existing violation, as B**** W**** M*** has exceeded their visa duration by 171 days. The company must either cancel the visa for the violator or renew it accordingly. Alternatively, late renewal or cancellation fines can be settled through an application on the portal.
3. The E-Channel has expired as of 01/06/2023, and it must be renewed before processing any visa cancellation.
4. The Establishment Card is approaching its expiry date
May 16, 2025
6
What is the procedure to stay in the UAE if the medical test showed unfit due to HIV? 0
Seeking legal advice.
I was working in the UAE for almost 12 years, and I am on a visa renewal. However, my medical is unfit due to HIV.
My employer is willing to help me if there is any way to process the renewal of my visa.
What can be the procedure for me to be able to stay and renew my visa and be able to seek medical treatment in the UAE?
May 15, 2025
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Canceling my MoU and getting my deposit back due to a low bank valuation and overpriced property 1
Hi,
I wanted to purchase a 2-bedroom apartment in JVC Dubai. I gave a 10% security deposit cheque to the seller. The price mentioned in the MoU is very high compared to other similar apartments in the same building.
The bank’s valuation also came in very low. Since the valuation is much lower, how can I terminate the MoU and get my cheque back? The MoU ends on 1st October 2024.
One of the articles in the MoU states:
In the event that the Buyer fails to make the payments as agreed or fails to complete the transfer on the agreed date due to his own acts or omissions, the Seller has the right to terminate this agreement and retain the deposit, provided that the termination is due to a violation of the agreed terms, unless both parties agree amicably to different dates.
I need help urgently.
Sep 16, 2024
315
Absent repeatedly due to salary delays. Can the company terminate them without EOSB? 1
Dear Sir/Madam,
There is an employee who has been absent repeatedly. However, the company is not paying salaries on time, with regular delays in salary payments.
Can the company terminate the employee without end-of-service or notice period compensation if the employee cites occasional salary delays as the reason for their absences?
Jun 4, 2024
199
If staff did not come back from vacation, after how long can we terminate him/her? 3
If staff did not come back from vacation, after how long can we terminate him/her?
May 9, 2024
916
I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US? 0
I was married in Abu Dhabi last year at the family court, is my marriage certificate valid in the US?
Jan 26, 2024
615
How is the probation period calculated exactly from the date of signing the contract? 0
Regarding the probation period, when is the deadline for an employer to terminate me if the DOJ anniversary is Friday 2nd Feb?
Will the six-month period end at midnight on the 1st, therefore completing six months, or can the employer still terminate on the 2nd?
Appreciate any guidance provided.
Jan 26, 2024
1505

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Other answers by
What can I do if I cleared the travel ban at the police station but it still cannot get a clearance certificate? 0
I had a case at Al Barsha Police Station, Dubai, for one year.
On 22 April, the court announced a verdict and imposed a fine of AED 5000, which I paid on the very next day and got the certificate from DPP, which I took to the Al Barsha Police station and submitted there.
The police officer told me that they have removed the travel ban, and the records will be updated in other emirates within 24 hours.
It's been more than 48 hours now since I applied for a clearance certificate on the MOI app, and it has turned into status "review with the concerned party."
I don't have any other cases, only this case, for which I paid the penalty already.
Seeking expert advice, please.
May 16, 2025
6
Why was my first UAE employment visa rejected if there’s no travel history? 0
Hi,
My employment visa was rejected without any reason stated. I contacted MOHRE, and they said it was rejected by ICP Abu Dhabi. I have never been to the UAE or any other country.
This is my first visa application. I am from Pakistan, and I heard there is a shadow ban on some cities in Pakistan.
I contacted ICP, but they said there is no ban on any nationality.
May 16, 2025
8
Am I allowed to travel to my home country during the probationary period? 0
Hello,
Is it okay if I travel to my home country during the probationary period?
I have 7 days pending (days off and public holidays). My manager agreed to give all 7 days together, and I am planning to go see my family.
Do I need to get approval for traveling?
May 16, 2025
20
Can the collection agencies pursue a legal action against me in my country for unpaid debts in the UAE? 0
Dear Sir
One of my friends took a loan and credit cards from various banks and ran away to Pakistan as he lost his job.
Can anyone chase him in Pakistan?
Actually, he was a victim of fraud, and the person who did this is in jail, and the other ran to Pakistan.
My friend made civil cases and won both. One is in jail for the first case, and the other ran to Pakistan. That's why he defaulted on payment.
May 16, 2025
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What is the procedure to stay in the UAE if the medical test showed unfit due to HIV? 0
Seeking legal advice.
I was working in the UAE for almost 12 years, and I am on a visa renewal. However, my medical is unfit due to HIV.
My employer is willing to help me if there is any way to process the renewal of my visa.
What can be the procedure for me to be able to stay and renew my visa and be able to seek medical treatment in the UAE?
May 15, 2025
19
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