How to File a Complaint for Delayed Gratuity Payment Under UAE Labor Law

When you complete one year or more of continuous service with your employer, you become eligible for gratuity under the UAE labor laws. However, if your employer delays the payment of this end-of-service benefit, it’s important to understand how to address the issue.

 If your contract is terminated or you submit your resignation after completing the required service, your employer is legally obligated to pay all outstanding dues, including salary, housing, allowance, and the gratuity.

UAE Labor Law mandates that these dues, including gratuity, must be settled within 14 days from the termination of the contract. If your employer fails to fulfill this obligation, you have the right to file a complaint. 

The law offers a clear process, where the employee can take action if the gratuity payment is delayed. Article of the UAE Labor Law specifically addresses this issue, outlining the steps to resolve the dispute. Knowing your rights as an employee is crucial when facing a delay in gratuity payment.

What Does the UAE Labor Law Say? Understanding the Relevant Articles

Article 51

According to Article 51 of the UAE Labor Law, expatriate workers who have completed one year of continuous service are entitled to end-of-service benefits, including gratuity. The calculation of gratuity depends on how long the worker has been employed. For example, after completing five years of service, the worker is entitled to basic pay for 21 days for each year worked. 

If the worker has served more than five years, the gratuity is calculated as 30 days of basic pay per year, but the total amount should not exceed 24 months of pay. Unpaid absence days are not counted toward the gratuity payment, and only the full-time foreign worker who has completed their contract is eligible for these end-of-service benefits.

Article 53

Under Article 53 of the UAE Labor Law, when your contract is terminated, whether by the employee or the employer, the gratuity payments must be settled within 14 days from the date of termination. This timeframe is legally binding, ensuring that employees receive their entitlements promptly and fairly. If the employer fails to proceed with the gratuity payments, the employee can file a labor complaint with the Labour Office. 

The worker can raise the issue if the matter is not settled amicably. If the dispute remains unresolved, the ministry may issue a letter to both parties, initiating a case in Labour Court. It’s important to note that the benefit will be calculated based on the final remuneration payable at the time of termination, excluding any allowances or benefits in kind.

How to File Complaint for Delay in Gratuity Payment: Step-by-Step Guide

Prepare Legal Documents

When facing a delayed gratuity payment, it’s crucial to prepare legal documents to support your case. Start by collecting all proofs, including your employment contract, any submitted applications, and communication records with your employer. 

These records will help you communicate your concerns clearly. Make sure to express your worries formally and reference the specific articles of the UAE Labor Law that govern gratuity entitlements. Having all the necessary documents in order will allow you to present a strong case if you need to take legal action against your employer.

Read the Terms and Conditions of Contract

Before submitting a complaint or taking any further steps, it’s important to review your employment agreement carefully. Understand the terms and conditions related to gratuity and your entitlement. Make sure you meet the eligibility criteria as stipulated in your contract. 

This is a crucial step to avoid any potential misunderstanding or inconvenience. Knowing exactly what is required will help you proceed with confidence, especially if the matter escalates to legal court proceedings.

Check Applicable Law Articles

To file a complaint regarding delayed gratuity, it’s essential to understand the labor laws and regulations that apply in your jurisdiction. Familiarize yourself with the legal rights you are entitled to, as this will empower you during the filing process. 

Understanding these laws can help you navigate the dispute and increase your chances of success. Departments or tribunals are typically responsible for handling such issues, so knowing where to go and what to refer to will make the entire process smoother.

Submit a Complaint to the Ministry of Human Resource and Emiratization

If discussions with your employer do not yield any results, it’s time to escalate the matter. You can file a complaint with the MOHRE by submitting all the necessary documentation and proof of your gratuity denial. To submit your complaint, you can either call the helpline number 80060, or submit an online complaint application by visiting www.mohre.gov.ae or downloading the app and filling in the required columns. 

If the dispute is not resolved amicably with your employer, the ministry will issue a letter to initiate legal proceedings in the Labor Court. Remember, the computation of benefits is based on your final remuneration at the termination moment, excluding any allowances or non-monetary benefits. 

Understanding your rights under the UAE Labor Law is crucial when facing gratuity denial, and by adhering to the 14-day rule and taking proactive steps, you can navigate the process of filing a complaint effectively. for gratuity calculation https://gratuitygenius.com/