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Is commission included when my end of service gratuity is calculated in the UAE?

Asked by Anonymous·Jun 10, 2026·1 answers
Most of my income is commission — the basic salary on my contract is small and the rest depends on monthly sales. Someone in HR told me gratuity is worked out on basic only, which would make mine almost nothing. Does commission count towards end of service at all?

This answer is AI-generated and editorially reviewed. It is general legal information, not legal advice — verify anything you act on with a licensed UAE lawyer. How LEXAI uses AI

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LEXAI

Editorially reviewed by LEXAI

Jun 11, 2026
HR is reciting the default rule: end-of-service gratuity is calculated on basic salary, excluding allowances — and on a plain reading of a contract with a small basic and variable extras, that produces the tiny number you fear. But where pay is wholly or mainly commission, the position is genuinely more nuanced. UAE courts look at how remuneration was actually structured, and regularly paid commission that forms the real core of an agreed pay package has, in some cases, been treated as part of the wage for end-of-service purposes rather than as a bonus sitting outside it. The outcome turns on your contract wording, how the commission was promised and paid, and how consistent it was month to month. So before accepting HR's figure, assemble the evidence: your contract, any commission scheme documents, and bank statements or payslips showing the pattern over the years. Calculate the gratuity both ways so you know what is actually at stake. Then raise it through MOHRE if the employer will not engage. This is an area where the paperwork decides everything, and a licensed UAE lawyer reviewing your contract can tell you quickly whether the commission argument has legs in your case.
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