A reduction in salary can affect not only an employee’s monthly income but also the calculation of their end-of-service gratuity. This issue has come into focus amid questions from private-sector workers in the United Arab Emirates (UAE) whose employers have cut their wages without formal consent.
One worker shared that their employer reduced their salary by 20 percent without any written agreement, while their employment contract and offer letter still reflected the original pay. They asked whether the gratuity payment upon leaving would be based on the initial salary or the reduced amount.
Legal experts emphasize that under UAE Federal Decree-Law No. 33 of 2021, the basic wage—used as the basis for calculating gratuity—must be clearly stated in the employment contract. An employer cannot unilaterally change an employee’s contractual salary without the employee’s written agreement or a formal contractual amendment. Documents such as a signed addendum or a Ministry of Human Resources and Emiratisation (MoHRE) registered contract reflecting the new salary are typically needed to validate a lawful pay cut.
“There is no automatic right for employers to reduce contractual wages based solely on financial pressures, economic downturns, or other business disruptions,” explained Salam Pappinissery, CEO of YAB Legal Services. The law narrowly defines permissible grounds for deductions and does not include general salary reductions.
However, the situation can become complex if the employee continues to work while receiving the reduced pay. In such cases, employers may argue that ongoing acceptance of the lower salary implies tacit consent to the change. Pappinissery advises employees who do not agree to a salary reduction to formally document their objection in writing before deciding to resign or take further action.
Regarding gratuity calculations in the UAE private sector, the payment amount is based on the employee’s last basic wage. The statute stipulates 21 days’ wage for each of the first five years of service and 30 days’ wage for each additional year, subject to a maximum limit. Consequently, the basic wage used at the termination date directly affects the gratuity amount.
If an employee’s contract and offer letter still indicate their original salary and no signed acknowledgment of a pay cut exists, there may be legal grounds to argue that the higher original salary should remain the basis for calculating the gratuity. Conversely, if the employee has signed an amended contract or an official variation reflecting the lower salary, that reduced amount could be used to compute the end-of-service benefit.
Overall, the determination hinges on documented agreements and employment records, underscoring the importance of formal, written consent in any change to contractual wages.
