Employment & Labor · Al Safar & Partners

Compensation & Benefits in Dubai.

Delve into the detailed aspects of compensation and benefits within Dubai’s labor law framework with our expert legal team. We provide a detailed and metho

Employee Compensation and Benefits Law in the UAE

UAE employment law — primarily governed by Federal Decree-Law No. 33 of 2021 on Labour Relations (for onshore UAE employment) and DIFC Employment Law No. 2 of 2019 (for DIFC employment) — provides a comprehensive framework of minimum entitlements for employees. These entitlements cannot be contracted out of, and employers who fail to pay them face significant liability. Al Safar & Partners advises both employers on structuring compliant compensation arrangements and employees on pursuing their rights when employers fail to fulfil their obligations.

End-of-Service Gratuity

Every employee who has completed one year of continuous employment in the UAE is entitled to end-of-service gratuity on termination. The calculation is: 21 days' basic salary per year for the first 5 years, and 30 days' basic salary per year for each year thereafter, capped at 2 years' total salary. Gratuity is a statutory minimum — employers can provide enhanced schemes but cannot provide less. We calculate gratuity entitlements, advise on disputes and recover unpaid gratuity through the Ministry of Labour or courts.

Wages Protection System (WPS) Compliance

All UAE mainland employers must pay wages through the Wages Protection System (WPS) — a central salary monitoring system administered by the Ministry of Human Resources. WPS violations — delayed salary payment, payment below the contracted amount — trigger automated penalties and can result in licence suspension and labour bans. We advise employers on WPS compliance and represent employees in recovering unpaid wages.

Annual Leave, Sick Pay and Other Entitlements

UAE law provides minimum entitlements for: annual leave (30 calendar days after one year), sick leave (90 days tiered: 15 days full pay, 30 days half pay, 45 days unpaid), parental leave (maternity 60 days, paternity 5 days), Hajj leave and bereavement leave. We advise on calculating entitlements, resolving disputes about leave balances, and ensuring employer policies comply with minimum legal standards.

Non-Compete and Non-Solicitation Clauses

UAE labour law permits non-compete clauses in employment contracts for employees with legitimate access to trade secrets or client relationships — subject to limits on duration (max 2 years), geographic scope and subject matter. We draft enforceable non-compete clauses for employers and advise employees on their validity and enforcement.

Common Questions

Frequently Asked Questions

Gratuity is calculated on basic salary (not including housing, transport or other allowances in most cases). For unlimited contracts: 21 days' basic salary per year for years 1–5; 30 days per year thereafter. For limited contracts: the same calculation applies if the employer terminates without cause; if the employee resigns from a limited contract before its natural expiry, entitlement may be reduced. Gratuity is capped at 2 years' total salary.
Employers can deduct from gratuity amounts: outstanding loans made to the employee; advance salary taken; and damages arising from employee misconduct (subject to specific legal requirements). Deductions for notice period violations are also permitted. However, deductions must be documented and justified — arbitrary deductions are challengeable. We advise both employers and employees on permissible and impermissible gratuity deductions.
File a complaint with the Ministry of Human Resources and Emiratisation (MOHRE) through the Tasheel system or MOHRE app — this is a fast-track process for wage disputes. MOHRE takes salary complaints seriously and the WPS monitoring system creates a clear record of payment history. Alternatively, file directly with the Labour Court. We advise on the most effective route for your specific situation.
Yes. DIFC employment is governed by the DIFC Employment Law No. 2 of 2019, which differs from mainland UAE law in several respects: it provides for 28 days' annual leave, has different termination provisions including a statutory minimum notice requirement, and has different redundancy provisions. DIFC employees can pursue claims through the DIFC Courts' Small Claims Tribunal. We advise DIFC employers and employees on their respective rights and obligations.
Yes, under Federal Decree-Law No. 33 of 2021. A non-compete clause is enforceable if: it is limited to activities that genuinely compete with the employer, geographically reasonable, and limited to a maximum of 2 years. The employee must be in a position where they actually have access to trade secrets or confidential information that could cause harm. Courts will not enforce unreasonably broad non-compete clauses. We draft non-competes that are enforceable without being unreasonably restrictive.

Advise on Employment Compensation

Al Safar & Partners — trusted lawyers in Dubai since 1979. Contact us today for expert legal advice.

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