End of service & gratuity
UAE gratuity: resignation versus termination after 2021
Under the 2021 law, resignation and termination pay the same gratuity. The old reductions for resigning before five years were removed when all contracts became fixed-term.
Under the UAE Labour Law (Federal Decree-Law No. 33 of 2021), resignation and termination pay the same end-of-service gratuity. An employee who resigns earns the full accrued gratuity on the standard formula, just as one who is terminated does.
What changed
The previous law reduced gratuity for employees who resigned under unlimited-term contracts before completing five years of service. The 2021 law, effective February 2022, abolished unlimited-term contracts and moved everyone to fixed-term contracts, and the resignation reductions tied to the old framework went with it.
The practical effect: the reason an employee leaves no longer changes the gratuity number in the UAE. Any policy, calculator, or framework that still applies a resignation discount is describing the pre-2022 position and is wrong for the current law.
Where it still matters
This is a UAE-specific simplification. Saudi Arabia still reduces its end-of-service award on resignation before ten years of service, so the resignation-versus-termination distinction remains a live number there. For a comp lead managing both markets, the rule is: in the UAE, model one gratuity figure regardless of exit mode; in Saudi, model the resignation scale.
What this means for offboarding
Because exit mode does not change the UAE figure, gratuity is predictable at any point: it is the accrued amount on the standard formula, full stop. The variables worth tracking at offboarding are notice served, accrued leave, and any contractual enhancements, not a resignation penalty that no longer exists.
Common questions
- Does resigning reduce gratuity in the UAE?
- No, not under the 2021 law. Resignation and termination produce the same gratuity figure. The old reductions for resigning before five years were removed.
- What about the old unlimited-contract penalties?
- They no longer apply. The 2021 law abolished unlimited-term contracts; all contracts are now fixed-term, and the reduction rules that were tied to the old framework were dropped.
- Does Saudi work the same way?
- No. Saudi still reduces the award on resignation before ten years of service. The resignation-versus-termination distinction matters in Riyadh in a way it no longer does in the UAE.
Sources
- UAE Labour Law (Federal Decree-Law No. 33 of 2021), Article 51
- Cabinet Resolution No. 1 of 2022 (Executive Regulations)
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