How to File a Complaint for Delay in Gratuity Payment in UAE

File a Complaint for Delay in Gratuity Payment

As per the UAE Labour Law, the employer must pay all dues including gratuity to the employee within 14 days after termination/end of contract. So, the employee should wait for up to 14 days to receive gratuity and all dues from the employer

The employer must pay the gratuity on time otherwise the employee can file a complaint for delay in gratuity payment to the UAE Labour Department.

What to Do If Your Gratuity is Delayed

The employees/workers can take a legal action if the employer delays gratuity payment longer than 14 days of termination. Taking a legal action means filing a complaint against the employer at the Labour Office or register an online complaint at MOHRE website portal.

After registering the complaint, the UAE Labour Department will take the responsibility to consult with the employer and process the gratuity payment as soon as possible.

Points to Check Before Filing a Complaint Against the Employer

Your employment contract has been terminated and you have not received gratuity from the employer. So, you want to file a complaint against the employer to the UAE Labour Department. But you should check these 3 points before you register a complaint.

[I] Contact the Employer or HR Officer:

The first point to check is talking with the Employer or HR Officer. Make sure that the employer/HR has received your claim for gratuity and is aware about the delay period.

You should ask the employer/HR about the reason for delay in gratuity payment. If you do not get a valid/genuine answer then you can move to the next step.

[II] Read the Employment Contract:

You must read the employment contract carefully to check your eligibility for gratuity and other end-of-service benefits. It is very important to read all terms & conditions mentioned in your employment contract before you take any legal action against the employer.

[III] Consult a Labour Lawyer (Legal Adviser):

After talking with the employer/HR and reading the employment contract, you are sure that you are eligible for gratuity but your employer has delayed its payment.

In such circumstances, you should consult a local labour lawyer and discuss this issue with him/her. The lawyer will guide you on how to register a complaint against the employer and how you can get your end-of-service benefits in least possible time.

After checking these 3 points, you are now ready to file a complaint against the employer for delayed gratuity payment in UAE.

How to File a Complaint for Delayed Gratuity Payment in UAE

There are three service channels to file a complaint for delayed gratuity payment in UAE.

  1. Online Complaint at MOHRE Website
  2. Complaint through MOHRE Mobile App
  3. Call Up UAE Labour Helpline Number

File a Complaint at MOHRE Website

Kindly follow the steps given below;

#Step:1 Visit MOHRE Website Portal

How to File a Complaint for Delay in Gratuity Payment in UAE

First of all, you should open a web browser and enter the official MOHRE website @www.mohre.gov.ae. Then press enter button to go to the MOHRE portal homepage.

#Step:2 Go to Service Directory

How to File a Complaint for Delay in Gratuity Payment in UAE

On MOHRE portal homepage, there are many sections. Here you should select Services section and click on Service Directory to reach the page with the list of all services offered by the MOHRE.

#Step:3 Select Services for Employee

How to File a Complaint for Delay in Gratuity Payment in UAE

Here you can see many categories like All Services, Employer Services, Most Used Services and others. Out of them, you should select Services for Employee to view the MOHRE services available for employees/workers in the UAE.

#Step:4 Choose Register Labor Complaints – Private Sector Employees

How to File a Complaint for Delay in Gratuity Payment in UAE

In Services for Employee section, find out “Register Labor Complaints – Private Sector Employees” and click on View Details option.

#Step:5 Click on Start Service

How to File a Complaint for Delay in Gratuity Payment in UAE

Read the service description, process, conditions, timing and other information. Thereafter click on Start Service button to proceed.

#Step:6 Fill up the Complaint Form and Submit It

How to File a Complaint for Delay in Gratuity Payment in UAE

Enter your Name and Mobile Number, then click on Send OTP button. Enter the OTP and click on Verify OTP button. Thereafter select your User Type as Employee and fill up the complaint form with all required information.

In the complaint form, you should provide your employment contract details with job starting & ending dates. You should clearly mention that you are entitled for gratuity as per law still your employer has delayed payment of gratuity even after 14 days of termination/end of contract.

After submitting the complaint, you should note down the Application Number. It will be useful for checking complaint status online later at MOHRE Inquiry Portal @inquiry.mohre.gov.ae.

[2] File a Complaint through MOHRE App

If you have an Android mobile or iPhone, you can use the MOHRE app for free. The MOHRE app has many useful features/services for employees including a service to register a complaint against the employer for delayed gratuity payment.

File a Complaint through MOHRE App

First you should download MOHRE App from Play Store (Android) or App Store (iPhone/iPad/Apple Watch) and the follow the steps given below;

  1. Open MOHRE app on your mobile phone.
  2. Sign up or Sign in with UAE PASS or your Username & Password.
  3. Go to Service Directory and select Services for Employee.
  4. Choose the Start Service option for Register Labor Complaints – Private Sector Employees.
  5. Provide your Name & Mobile Number and Verify with OTP.
  6. Choose the User Type as Employee and fill up the complaint form with required details.
  7. Submit the form and note down the application number.

[3] Call Up UAE Labour Helpline Number to File a Complaint

The UAE Labour Helpline Number 800-60 or 600-59-0000 is useful for inquiry and complaint services. If your employer has not released your pending salary and gratuity, you can contact the Labour Helpline Number 800 60 to register a complaint against your employer.

So, you can use one of these three methods to file a complaint against your employer for delaying gratuity payment even if you are entitled for gratuity as per the UAE Labour Law and your Employment Contract terms.

What UAE Labour Law Says about Gratuity Payment

The UAE Labour Law is also known as UAE Federal Law or Federal Decree Law. The UAE Labour Law contains two important Articles about gratuity payment to the employees, let us understand them.

UAE Federal Decree Law: Article 51 (Clause 2 & 3)

The UAE Federal Decree Law (33), Clause 2 of Article 51 states that the full time foreign worker is entitled to end-of-service benefits (gratuity) if s/he has completed minimum one year of continuous service.

The gratuity shall be calculated on the worker’s last basic salary/wage without including allowances for house, health/medical or any other. The gratuity calculation rules are as follows;

  • For first 5 years: The basic salary/wage of 21 days for each completed year of service
  • After 5 years: The basic salary/wage of 30 days for each completed year of service.

The Article 51, Clause 3 states that the worker is entitled to end-of-service benefits (gratuity) for parts of the year in proportion to the time spent on work if the worker has completed minimum one year of continuous service.

For example: If a worker has completed 2.5 years of service, the worker is entitled for end-of-service benefits (gratuity) for two full years and one half year as per the UAE Labour Law.

UAE Federal Decree Law: Article 53

According to Article 53 of the UAE Federal Decree Law (33), the employer shall pay the worker’s entitlements (end-of-service benefits including gratuity) within fourteen (14) days from the date of end of contract.

Both the employer and the worker/employee are bound by the UAE Federal Law Rules. So, it is a clear violation of Article 53 if the employer delays payment of gratuity longer than 14 days after termination of employment contract with the worker.

Wrapping Up:

According to the UAE Labour Law, the employer must settle the end-of-service benefits to the employee within 14 days of termination. The end-of-service benefits include pending salary, gratuity and allowances/perks as stated in the employment contract.

In case of delay, the employee should talk to the employer/HR and if the issue is not resolved, the employee must file a complaint to the labour office by using one of the 3 ways shared above.

FAQs

Who is entitled for gratuity in UAE?

In UAE, every employee is entitled for gratuity if the employee has completed at least one year of continuous service.

When does an employee receive gratuity after termination?

Where can I file a complaint if my gratuity payment is delayed?

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