Q: I started working on February 2021 under an unlimited contract. I'm resigning. Am I entitled to 21 days of gratuity as per the new end-of-service law? A: You will be resigning after completing two years. You are entitled to 21 days for the first year and 21 days for the second year as EOS…

Dubai, UAE

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What is the gratuity I am entitled for if I resigned after two years of service

I started working on February 2021 under an unlimited contract in Dubai, UAE, and I'm resigning in 2023.

Am I entitled to 21 days of gratuity as per the new end-of-service law?

Does the new law supersede the old law?

Where can I find the legal proof and official information that the new law supersedes the old law?

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Khaled Ebid

Laila Hamza Al Mulla Advocates and Legal Consultants

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25 Jan 2023, 09:03

The latest law is always applicable, but the last word (Al Faisal) is for the employment contract.

So you deserve a reward according to the law and the employment contract, 30 days for each working year.

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Khalifa Bin Huwaidan Al Ketbi

Khalifa Bin Huwaidan Advocates & Legal Consultants

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25 Jan 2023, 09:44

Dear,

The New UAE Labor Law supersedes all previous regulations as it is an amendment. Hence, Federal Decree-Law No. (33) of 2021 applies. You may access the legislation on the MOHRE website.

As per the new UAE Labor Law, article 51, a full-time worker is entitled to 21 days gratuity for each year he has worked, in the case that he has not worked for 5 or more years.

If you will be resigning after completing two years (February 2021 - February 2023), then you are entitled to 21 days for the first year and 21 days for the second year as EOS.

Regards,

KHA Advocates

26 Jan 2023, 04:23

Great explanation, thank you so much.

6 Feb 2023, 06:37

Dear,

Kindly note that article 51 of Federal Decree-Law No. 33 of 2021, which came into force on February 2nd, 2022, specifically mentions EOS benefits for full-time workers (21 days gratuity for each year up to 5 years).

Furthermore, Article 132 of Federal Law no. 8 of 1980, and its amendments, that was previously in force and that were superseded by the Federal Decree Law no. 33 of 2021, further mentions EOS gratuity as "Twenty-one day's pay for each year of the first five years of service".

In Both Laws, EOS gratuity is mentioned.

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