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This is what the law says on the gratuity payment UAE domestic workers are entitled to
15 August 2019
| Last updated on 10 August 2020
(UPDATED) Sponsors, here's a guide on whether UAE domestic helpers are legally entitled to gratuity payments...
The end of service gratuity payment, a sum of money paid to the employee who is intending on leaving an employer or company for good. Here is what gratuity domestic labourers are entitled to under the UAE Federal Law no. (10) of 2017.
The law applies to occupations listed under the UAE Domestic Labour Law. This list includes:
- housemaid / houseboy
- private sailor / boatman
- watchman and security guard
- household shepherd
- family chauffeur
- parking valet workers
- household horse groomer
- household falcon care-taker and trainer
- domestic labourer
- housekeeper
- private coach / driver
- private teacher / tutor
- babysitter/nanny
- household farmer
- gardener
- private nurse
- private PRO
- private agriculture engineer
- private cooks / chefs
According to Article 26, a domestic worker "who completes one year or more of continuous service, shall, at the end of his/her service be entitled to an end-of-service compensation."
"Unpaid days of absence from work shall enter into the calculation of the end-of-service compensation. The compensation shall be calculated on the basis of 14-day wages for each year of service and becomes due upon the termination of the contract. The calculation of the compensation resumes upon the renewal of the contract."
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"The worker shall be entitled to a compensation for the portion of time worked during the last year of employment on a pro rata basis provided the worker has completed no less than one full year of continuous employment."
Domestic workers in the UAE are also entitled to a cash compensation that is equal to his or her wage for the days of leave unused.
In the event the work contract was terminated by the employer for a reason not related to the worker, then the employer must provide a return ticket to the worker to his or her home country.
The employer must also pay compensation equal to one month’s total wages and any other dues to be paid by the employer to the worker, as well as any other compensation ordered by the court.
Denial of end of service benefits
Under Article 27, the worker "shall be denied end-of-service compensation if the contract is terminated due to unlawful discontinuance of work or if the worker acts to terminate the contract without due cause."
In addition, Article 28 states that if a domestic labourer has been placed under provisional detention (arrest / charged with an offence), he or she will not be entitled to any wage for the duration of his or her detention.
In the instance of termination of contract, the employer will not be bound to bear the expenses of returning the worker to his or her home country if the former employee has found new work.
