Keren Bobker advises on the end of service gratuity payment. istockphoto
Keren Bobker advises on the end of service gratuity payment. istockphoto

Can UAE gratuity payment calculation include commission?



I was employed by a well-known company in Dubai for nine years and resigned in March. My visa was finally cancelled last month and my gratuity paid two weeks ago. My gratuity was paid based on my basic salary and I signed to accept it. Now I have realised it was calculated incorrectly. I was also receiving an average commission of Dh15,000 every month. The company did not factor this into the gratuity payment, and I have heard that commissions can also form part of the calculation. Am I correct, and if so can I still claim the gratuity on my commission. Do I need to hire a lawyer? SE, Sharjah

The end of service gratuity is based on basic salary without allowances, but if an employee can demonstrate that they have received a commission payment every month, then this figure should be taken into consideration when calculating the final payment. Any correspondence to this effect will support a case, as will the salary amounts credited to the employee’s bank account each month. When I have spoken to the ministry on this subject it has advised that if commission or bonuses are a regular feature of someone’s pay then they should be treated as salary, with a degree of averaging over the past few months if the amounts vary. This only applies to amounts paid monthly, not to annual bonus payments. It sounds as if SE should have received a payment based on a higher figure, but the issue is complicated by the fact he signed an acceptance of the amount paid. This may reduce the strength of his claim but he should still contact the Ministry of Labour – helpline number 800 665 – to see if it is willing to assist with a claim for the payment of an additional amount of money. A lawyer should not be necessary, and bear in mind that the fee payable to hire someone would probably negate any additional payment. The decision of the ministry should be sufficient to make an employer pay the right amount that is due.

Keren Bobker is an independent financial adviser with Holborn Assets in Dubai with more than 20 years’ experience. Contact her at keren@holbornassets.com. Follow her on Twitter at @FinancialUAE

The advice provided in our columns does not constitute legal advice and is provided for information only

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Treaty of Friendship between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates

The United kingdom of Great Britain and Northern Ireland and the United Arab Emirates; Considering that the United Arab Emirates has assumed full responsibility as a sovereign and independent State; Determined that the long-standing and traditional relations of close friendship and cooperation between their peoples shall continue; Desiring to give expression to this intention in the form of a Treaty Friendship; Have agreed as follows:

ARTICLE 1 The relations between the United Kingdom of Great Britain and Northern Ireland and the United Arab Emirates shall be governed by a spirit of close friendship. In recognition of this, the Contracting Parties, conscious of their common interest in the peace and stability of the region, shall: (a) consult together on matters of mutual concern in time of need; (b) settle all their disputes by peaceful means in conformity with the provisions of the Charter of the United Nations.

ARTICLE 2 The Contracting Parties shall encourage education, scientific and cultural cooperation between the two States in accordance with arrangements to be agreed. Such arrangements shall cover among other things: (a) the promotion of mutual understanding of their respective cultures, civilisations and languages, the promotion of contacts among professional bodies, universities and cultural institutions; (c) the encouragement of technical, scientific and cultural exchanges.

ARTICLE 3 The Contracting Parties shall maintain the close relationship already existing between them in the field of trade and commerce. Representatives of the Contracting Parties shall meet from time to time to consider means by which such relations can be further developed and strengthened, including the possibility of concluding treaties or agreements on matters of mutual concern.

ARTICLE 4 This Treaty shall enter into force on today’s date and shall remain in force for a period of ten years. Unless twelve months before the expiry of the said period of ten years either Contracting Party shall have given notice to the other of its intention to terminate the Treaty, this Treaty shall remain in force thereafter until the expiry of twelve months from the date on which notice of such intention is given.

IN WITNESS WHEREOF the undersigned have signed this Treaty.

DONE in duplicate at Dubai the second day of December 1971AD, corresponding to the fifteenth day of Shawwal 1391H, in the English and Arabic languages, both texts being equally authoritative.

Signed

Geoffrey Arthur  Sheikh Zayed

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Stay indoors when conditions are particularly poor.

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  • 2013: "Financial and logistical support from Germany for Hezbollah in Lebanon supports the armed struggle against Israel ... Hezbollah supporters in Germany hold back from actions that would gain publicity." Supporters in Germany: 950
  • 2023: "It must be reckoned with that Hezbollah will continue to plan terrorist actions outside the Middle East against Israel or Israeli interests." Supporters in Germany: 1,250 

Source: Federal Office for the Protection of the Constitution

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