Based on the Domestic Workers Law, domestic workers in the UAE are entitled to regularly paid wages, medical insurance, 12-hour rest per day, one day of paid rest per week, 30-day medical leave per year, a round-trip ticket home every two years, and other privileges.
When the domestic worker’s contract ends, he/she is also entitled to an end-of-service or gratuity pay. Generally speaking, gratuity pay refers to the amount of money paid to an employee (including domestic workers) whose labour contract has ended. In today’s article, we shall discuss how gratuity pay for domestic workers in the UAE is calculated.
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How to Calculate Gratuity Pay for Domestic Workers
As the term suggests, domestic workers are those who are employed to work in households. Aside from housemaids, these may also include other professions, such as family chauffeurs, security guards, private nurses, baby sitters, household farmers, and other similar positions.
A. What the Law Says on Domestic Workers’ Gratuity Pay
As per Article 26 of the UAE Domestic Workers Law, gratuity pay for domestic workers is calculated on the basis of 14-day wages for each year of service. What’s more, any unpaid days of absence from work shall be included in the calculation as well.
“The 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,” the article stated. “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 article continued. “The calculation of the compensation resumes upon the renewal of the contract.”
B. Guide to Calculating Gratuity Pay of Domestic Workers
If you are a domestic worker in the UAE, and you’d like to know your end-of-service or gratuity pay, here is a step-by-step guide to calculating the amount:
- Go to the “Domestic Workers Calculator” of the Ministry of Human Resources and Emiratisation (MOHRE) by visiting this link.
- Enter the start date and end date of your contract.
- Enter the amount of net salary you receive from your employer and the basic salary indicated in the labour contract that you signed.
- Select the reason of leaving among these options: (a) contract ended; (b) resigned or dismissed on probation period; (c) worker resigned for no reason; (d) worker resigned because employer breached the contract; (d) worker dismissed for no reason; and (e) worker dismissed for breaching the contract.
- If you have any unpaid weekend allowance, annual leave salary, injury or disability dues, or specific period salary (e.g. working on a public holiday) — enter the number of days, months, or years involved as part of the calculation.
- Check the amount displayed on the “Total Allowances” tab. Take a screenshot or print the page for your personal record, to avoid any future problems with your employer.
C. What if the Domestic Worker Breaches the Contract?
The law states that if a domestic worker has breached the contract, resigned, or did not complete the contract without a reason, he/she is not entitled to gratuity pay.
Article 27 of the Domestic Workers Law states that the worker “shall be denied end-of-service compensation of the contract is terminated due to unlawful discontinuance of work or if the worker acts to terminate the contract without due cause.”
Moreover, Article 28 states that if the worker has been arrested, detained, or charged with a criminal offence, he/she will not be entitled to any salary for the duration of his/her detention.
Meanwhile, if the worker has found new work upon termination of the contract, the employer is not obligated to shoulder the expense of returning the worker to his/her home country.
D. What if the Employer Breaches the Contract?
On the other hand, if it’s the employer who has breached the contract (e.g. terminated the domestic worker without a reason), the employer must provide a return ticket for the worker to go to his/her home country.
In addition, the employer should also pay compensation equal to the domestic worker’s one-month salary, along with any other dues ordered by the court.
DISCLAIMER: The above guide is presented for information-sharing purposes only. To learn more about how to calculate the gratuity pay of domestic workers, please visit the official website of the Ministry of Human Resources and Emiratisation (MOHRE).
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