Basic Salary Under UAE Labour Law: What It Drives
The basic wage leaves out allowances, and it decides the gratuity, the overtime and the unused leave payout. What the law says about it, what it does not, and why the split matters.

In a UAE employment contract, the salary is usually split into a basic wage and allowances for housing, transport and the like. The split looks like a payroll detail, but it decides some of the largest sums an employee will receive: the end-of-service gratuity, the overtime rate and the payout for unused leave are all calculated on the basic wage. This guide sets out what the labour law means by basic wage and wage, which entitlements use each, what the law does not say, and what an employer should get right.
Who these rules cover
The rules come from Federal Decree-Law No. 33 of 2021, the UAE labour law, and its executive regulations, Cabinet Resolution No. 1 of 2022. They apply to private-sector employees on the mainland in every emirate. The DIFC and ADGM free zones, the government sector and domestic workers have their own rules.
Basic wage and wage: the two definitions
The law defines both terms (Article 1):
| Term | What it includes |
|---|---|
| Basic wage | The wage stated in the employment contract for the work, paid monthly, weekly, daily, hourly or by the piece, leaving out all allowances and benefits in kind |
| Wage | The basic wage plus the cash allowances and benefits in kind given under the contract or the law, which can include benefits in kind or their cash value where the contract treats them as part of the wage, allowances for effort or risk, cost of living allowances, and a share of sales or profits |
A package of AED 10,000 a month with AED 6,000 basic and AED 4,000 in allowances has a basic wage of AED 6,000 and a wage of AED 10,000.
Is there a minimum share of basic salary?
The federal labour law sets no minimum share of the package that must be basic, and percentages quoted online are not a rule of the mainland labour law. What counts is the basic wage written in the employment contract registered with MOHRE. The law allows the Cabinet to set a minimum wage by resolution (Article 27).
Which entitlements use which wage
| Calculated on the basic wage | Calculated on the wage, including allowances |
|---|---|
| End-of-service gratuity, on the last basic wage (Article 51) | Pay during annual leave (Article 29) |
| Overtime premiums (Article 19) | Notice pay and pay in lieu of notice, on the last wage (Article 43) |
| Rest day and public holiday work premiums (Articles 19 and 28) | Compensation for an unlawful dismissal, on the last wage (Article 47) |
| Unused annual leave paid out at the end of service (Article 29) | Pay during maternity leave (Article 30) |
The sick leave article speaks of full pay and half pay without saying which wage, so check the contract and company rules for how sick pay is calculated.
Why the split matters: two contracts compared
Two employees on the same AED 10,000 a month, one with AED 4,000 basic and one with AED 6,000 basic, using a daily rate of the monthly basic divided by 30 and an 8-hour day:
| Entitlement | AED 4,000 basic | AED 6,000 basic |
|---|---|---|
| Gratuity after 5 years (5 × 21 days) | AED 14,000 | AED 21,000 |
| One hour of ordinary overtime (basic hourly rate plus 25%) | AED 20.83 | AED 31.25 |
| 10 days of unused leave paid at the end of service | AED 1,333 | AED 2,000 |
| A month of annual leave taken | AED 10,000 | AED 10,000 |
The take-home pay is the same, but the employee with the higher basic wage builds up 50% more gratuity and earns a higher overtime rate. That is why the split in the contract should reflect the job as it really is.
Changing the basic wage or the split
The wage is fixed by the employment contract (Article 22), and the contract must state the wage with its benefits and allowances. Changing it, or moving money between the basic wage and the allowances, therefore means changing the contract, which in practice needs the employee's written agreement and an amended contract with MOHRE. The law specifically requires the employee's written consent to move a monthly-paid employee onto daily, weekly, hourly or piece pay (Article 24), and terms less favourable to the employee than the law are void (Article 65).
Paying it through WPS
However the package is split, the whole wage goes through the Wage Protection System. Since 1 June 2026, under Ministerial Resolution No. 340 of 2026, each month's wages are due on the first day of the following month.
What employers need in place
A split that matches the job. The basic wage drives the largest end-of-employment payments, so a split chosen only to keep those payments down stores up disputes.
Both figures held in payroll. Gratuity, overtime and the leave payout use the basic wage; leave pay and notice pay use the full wage. Payroll needs both for every employee.
Changes in writing. Any change to the wage or the split goes through an amended contract, agreed in writing.
A monthly provision on the basic wage. Gratuity builds from the first month on the basic wage. Our gratuity calculator shows the figure for any basic salary and length of service, and our guide to leave salary calculation in the UAE covers the leave side.
For the wider picture, see our UAE labour law guide for employers.
The bottom line
Under UAE labour law, the basic wage is the contract wage without allowances, and it decides the gratuity, the overtime premiums and the unused leave payout. Leave pay, notice pay and maternity pay use the full wage. The federal law sets no minimum basic share, so the split in the registered contract is what counts, and changing it means changing the contract.
When tamdeed runs the employment administration for a company that sponsors its own staff, the contract, the payroll and the accruals sit on one platform, so every entitlement is calculated on the wage the law says it should use. See how tamdeed runs PEO in the UAE, or for a company with no UAE entity, employer of record.
Sources: Federal Decree-Law No. 33 of 2021, Articles 1, 19, 22, 24, 27, 28, 29, 30, 43, 47, 51 and 65; Cabinet Resolution No. 1 of 2022; Ministerial Resolution No. 340 of 2026; the UAE Government portal on end of service benefits. Checked on 14 October 2026. This guide is general information, not legal advice; confirm your own case with MOHRE or a qualified adviser.
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Frequently asked questions
What is basic salary under UAE labour law?
The basic wage is the wage stated in the employment contract for the work itself, paid monthly, weekly, daily, hourly or by the piece, leaving out all allowances and benefits in kind. The wage, in the law's wider sense, is the basic wage plus the cash allowances and benefits in kind that come with the job.
Is there a minimum percentage of basic salary in the UAE?
The federal labour law sets no minimum share of the package that must be basic salary. Percentages quoted online are not a rule of the mainland labour law; what counts is the basic wage written in the registered employment contract.
Is gratuity calculated on basic salary in the UAE?
Yes. End-of-service gratuity is calculated on the last basic wage: 21 days of basic wage a year for the first five years and 30 days a year after that, capped at two years' wage.
Is overtime calculated on basic salary in the UAE?
Yes. The overtime premium is the normal hourly wage calculated on the basic wage, plus at least 25%, or at least 50% for hours between 10pm and 4am outside shift work.
Which payments use the full salary instead of basic?
Pay during annual leave, notice pay and pay in lieu of notice, compensation for an unlawful dismissal, and pay during maternity leave are calculated on the wage, which includes the allowances.
Related insights
Leave Salary in the UAE: How to Calculate It
Leave taken is paid at the full wage, unused leave paid out at the end of service is paid on the basic wage, and carried-over days cashed in by agreement use the wage when they were earned.
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