When working in the UAE, many employees are not fully aware that they are entitled to gratuity payments as part of their end-of-service benefits after completing a one-year contract with their company.
I learned this the hard way when my employer fails to fulfill their obligation of paying my dues within the legally allowed 14 days of termination. The Law under the UAE Labor system treats gratuity as a fundamental aspect of employment agreements, making it clear that workers have the right to act if something goes wrong.
This article explores the specific provisions in UAE Labor Law that provide insights into the process to file a complaint against an employer in the event of a delay in gratuity payment.
The way to address this issue starts with understanding your legal standing and ends with submitting your grievance to the Ministry of Human Resources. Knowing how to navigate this procedure gives you the power to protect what you’re owed.
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What Does the UAE Labor Law Say? Understanding the Relevant Articles
Article 51
Expatriate workers who are completing one year of continuous service are entitled to end-of-service benefits according to the outlined rules. These rules include the last due basic pay of 21 days per year on completing 5 years of service, and 30 days per year when working for more than 5 years of service.
The gratuity is calculated as mentioned above, provided that the total amount should not exceed 24 months. Additionally, unpaid absence days shall not be counted in the gratuity payment.
Article 53
In the event of contract termination, whether initiated by the employee or the employer, it is mandated by the UAE Labor Law that gratuity payments must be settled within 14 days from the date of termination. This legally binding timeframe underscores the importance of a prompt and fair settlement of employee entitlements.
Article 53 of the Labor Law states that if the employer fails to proceed with the employee’s application for gratuity payments within 14 days of the end of the service contract, the employee should file a labor complaint against him.
How to File Complaint for Delay in Gratuity Payment: Step-by-Step Guide
Prepare Legal Documents
When I faced a delayed gratuity payment issue in the UAE, the first smart step I took was to collect all relevant legal proofs. These included my employment contract, submitted applications, and every communication I had with my employer—especially records that clearly showed my attempts to communicate the problem.
It’s essential to express your concerns clearly and reference the specific articles of the UAE Labor Law that govern such entitlements. I learned from experience that keeping everything in one place helped speed up the complaint process. Without organized documentation, you risk getting lost in the system. So, make sure every piece of paperwork is accounted for and nothing is missing before moving forward.
Read the Terms and Conditions of Contract
When I had to submit my application for a delayed gratuity entitlement, the first thing I did was go back and thoroughly review my employment agreement. I didn’t want any misunderstanding or inconvenience, especially if the case went to legal court.
I made sure I understood all the terms and conditions related to my rights. What really helped was checking if I met the eligibility criteria as clearly stipulated in my contract. Trust me, this step can save you a lot of time and stress—if you know what your entitlement is, you’ll be much more confident when you confront your employer or take the matter further.
Check Applicable Law Articles
From my experience, the most important step before filing a complaint for delayed gratuity payment is to research and understand the labor laws and regulations that apply in the UAE. Knowing the exact legal rights gives you the confidence and power to handle the situation correctly. The specific articles of the law related to gratuity clearly define what you’re entitled to and how disputes should be settled. Usually, labor departments or employment tribunals are the places that deal with these complaints, so being familiar with the rules makes the process much smoother and less intimidating.
Submit a Complaint to the Ministry of Human Resource and Emiratization
When talking with your employer doesn’t solve the problem, you need to take the next step and submit a complaint to the Ministry of Human Resources and Emiratization (MOHRE). From my experience, gathering all the necessary documentation and clear proof of the gratuity denial is key before you file. You can do this in several ways: call the Ministry’s helpline number 80060, or easily file an online complaint by visiting www.mohre.gov.ae, or even download their App and fill in the required details. This flexibility made the process more manageable for me, especially when I was unsure about the formal steps.
If you and your employer can’t reach a friendly solution, MOHRE steps in by issuing a letter that starts legal proceedings in a Labor Court. It’s important to know that the computation of your benefits is done based on your final remuneration at the time of termination, and this calculation excludes any allowances or non-monetary benefits. Understanding this helped me stay focused and prepared throughout the complaint process.
Conclusion
Understanding your rights under the UAE Labor Law is crucial when dealing with a gratuity denial. From my experience, following the 14-day rule strictly and taking all proactive steps as outlined in the labor law helps you handle the situation professionally and effectively. Staying informed about your entitlements and acting quickly makes the complaint process smoother and increases your chances of a successful outcome.
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