Employer Not Paying Gratuity? What You Need To Do (A MOHRE Guide)

If your employer hasn’t paid your gratuity within 14 days of your last working day, you can file a free complaint with MOHRE by phone, app, or website. MOHRE typically attempts mediation within about 14 days, and if that fails, refers the dispute to the Labour Court at no cost to you for claims under AED 100,000.

The 14-Day Deadline

Under Article 53 of Federal Decree-Law No. 33 of 2021, your employer must pay your full final settlement, including gratuity, within 14 days of your last working day.

This isn’t a soft guideline. If the deadline passes without payment, you already have grounds to file a complaint, even before you’ve tried anything else with your employer directly.

How Common Is This and Does MOHRE Resolve It?

Unpaid or delayed final settlements are one of the most common categories of labour complaint MOHRE handles, and the system is built to resolve most of them without ever reaching a courtroom. Publicly reported figures suggest MOHRE settles the large majority of disputes it handles, roughly 99%, through mediation rather than court referral. That doesn’t mean every case is simple, but it does mean filing a complaint is a genuinely normal, well-used process, not a last resort that marks you as difficult.

Step-by-Step: Filing a MOHRE Complaint

  1. 1Gather your documents. Your employment contract, Emirates ID or work permit number, salary records or payslips showing your basic salary, and any written correspondence about your final settlement.
  2. 2File your complaint. Use the MOHRE app, the website at mohre.gov.ae, or call the hotline. Filing is completely free.
  3. 3MOHRE notifies your employer, typically within 2 to 3 working days, and requests a response.
  4. 4Mediation. MOHRE attempts to resolve the dispute amicably, a process that typically takes around 14 days.
  5. 5Resolution or referral. For claims of AED 50,000 or less, MOHRE can issue a binding decision directly. For larger or unresolved claims, MOHRE refers the case to the Labour Court, which must schedule a first hearing within 3 working days of the referral. Claims under AED 100,000 are exempt from court fees at every stage.

What Counts as Good Evidence To Provide In Your Complaint

The strength of your complaint usually comes down to documentation, not eloquence. Useful evidence includes your signed employment contract, WPS salary transfer records showing your basic salary, any payslips, written correspondence with your employer about your resignation, termination, or final settlement, and a calculation of what you believe you’re owed and why. If your employer has already provided a settlement breakdown, keep it, even if you think it’s wrong, since it’s a useful comparison point. The clearer and more specific your complaint, the faster it tends to move through mediation.

You Have Time, But Not Forever

UAE labour claims are generally subject to a two-year limitation period from when the entitlement became due.

This gives you real breathing room if you need to gather documents or aren’t ready to act immediately after leaving a job, but it isn’t unlimited. If your case involves a long-delayed dispute, it’s worth confirming with MOHRE or a lawyer whether your claim is still within the window before assuming you’ve missed your chance.

MOHRE Contact Details

  • Hotline / WhatsApp: 600 590 000
  • Toll-free: 80060

Both numbers are current and reach MOHRE’s complaint and enquiry services. You can also file directly through the MOHRE Smart App or at mohre.gov.ae, and in-person at Tasheel or Tawafuq service centres if you’d rather not do this online.

What If You’ve Already Left the UAE?

Your right to file a complaint doesn’t expire the moment you leave the country, and you still have the two-year window described above. In practice, though, pursuing a claim from abroad is harder: you’ll typically need to file before departing if possible, or appoint someone with power of attorney in the UAE to act on your behalf if you’re already gone. If you know a final settlement dispute is unresolved before you leave, it’s worth filing the MOHRE complaint while you’re still in the country rather than waiting.

FAQs

File a complaint with MOHRE through the app, website, or hotline (600 590 000 or 80060). It’s free, and MOHRE will contact your employer directly and attempt mediation before any court involvement is needed.

If you’ve completed at least one year of continuous service and your gratuity hasn’t been paid within 14 days of your last working day, that’s a clear basis for a MOHRE complaint. Bring your contract, ID, and salary records when you file.

Within 14 days of your last working day, under Article 53. This applies to your entire final settlement, not just the gratuity portion.

Gratuity is calculated based on your final basic salary and total completed service, so it’s typically finalized and paid as part of the final settlement once employment actually ends. We’re not aware of a specific legal mechanism for claiming it before that point, though an employer could choose to pay an agreed advance early if both sides agree in writing. If you’re relying on an early payment arrangement, get it documented.

Yes, but only for specific lawful reasons: recovering overpaid wages or unpaid loans, unpaid pension or insurance contributions owed by you, disciplinary penalties under an approved company policy, court-ordered debts, or damage caused by your negligence. An employer can’t deduct simply because of a dispute or because you resigned.

No one can force you to sign anything, and a waiver signed before you’ve actually been paid, or one that doesn’t preserve your right to claim a shortfall, is unlikely to hold up if you later dispute the amount. Legal commentary on UAE employment law is clear that statutory gratuity can’t be validly waived away through a settlement document. Don’t sign an “all dues received” confirmation until the money is actually in your account.

No. Withholding a worker’s passport is illegal in the UAE, regardless of any dispute over gratuity, visa costs, or notice. It can result in fines and, in more serious cases, prosecution for the employer. If your passport is being withheld, this is a separate and serious issue you can raise directly with MOHRE or the police alongside any gratuity complaint.

No. Termination must be communicated in writing under Article 43. A verbal-only termination has no legal standing, and until you receive written notice, you may be entitled to continue working or to be paid as though your notice period hadn’t started. If your employer is treating a verbal conversation as a valid termination, ask for it in writing, and keep a record of the date they told you verbally in case it becomes relevant later.

Your first actual working day, not the date your visa was stamped. This has been directly confirmed by UAE employment lawyers in response to real disputes: if your visa was processed later than when you actually started working, your service period is still counted from your real start date, provided you can document it, for example with an offer letter, WPS salary records, or other proof you were working before the visa was finalized. This matters because some employers try to calculate the one-year gratuity eligibility threshold from the later visa date instead, which can wrongly deny an employee their gratuity or push it into a lower service bracket.

Your gratuity entitlement doesn’t disappear because your employer can’t pay. Bankruptcy or insolvency doesn’t cancel your right to claim it, though practically speaking, collecting from an insolvent company can be more complicated and may take longer through the courts. Filing your MOHRE complaint as early as possible protects your position regardless of your employer’s financial state, since it gets your claim officially on record before any insolvency proceedings complicate matters further.

This page provides general information about the MOHRE complaint process and is not legal advice. Every dispute has its own facts. For a complex case, or one involving a significant amount of money, consult MOHRE directly or a licensed UAE labour lawyer.

If you want to put your complaint in writing before you call or file online, see our sample gratuity claim letter. To check what you’re owed before you file, use the UAE gratuity calculator on the homepage.