Month: August 2020
UAE Gratuity policy and settlement
HLB UAE Payroll Team
Phone:- +971 4 327 7775
Mobile:- +971 50 205 9540
WhatsApp:- +971 56 219 1607
Email:- dubai@hlbhamt.com
Article 51 of the new UAE labor law Federal Decree-Law No. 33 of 2021 states as follows regarding End of Service gratuity:
A full-time foreign worker, who completed a year or more in continuous service, shall be entitled to end of service benefits at the end of his service, calculated according to the basic wage as per the following:
- A wage of (21) twenty-one days for each year of the first five years of service;
- A wage of (30) thirty days for each year exceeding such period.
Here we have covered a set of frequently asked questions that pertain to End of Service Gratuity in the UAE.
What is Gratuity?
Gratuity is a monetary payment eligible to an employee as a lump sum at the end of his tenure provided that the period of service exceeds one year. Gratuity payment is a liability to the employer which accrues as the employee service period progresses.
When does an employee working in UAE become eligible for gratuity?
Employees are eligible for gratuity pay at the end of their service period, at termination or at resignation. According to article 51, the worker shall be entitled to a fraction of the year worked provided he has completed more than one year of continuous service.
What is the basis amount that is used to calculate gratuity?
The basis amount used to calculate is the employee’s last drawn basic salary. Any amounts due to the employer may be deducted from the gratuity pay by the employer.
Who is eligible for gratuity?
The provision of gratuity pay in the UAE is only applicable to expatriate workers. Workers who are UAE nationals are precluded from these provisions. This is because UAE Nationals are eligible for mandatory National pension plans. Expatriate workers do not qualify for UAE pension.
Does gratuity payable have a limit?
The amount of gratuity payable to an employee during final settlement cannot exceed the employee’s current total two-year salary.
What is the number of days used to accrue gratuity?
The criteria of calculating the gratuity accrued to an employee is based on a set number of days for each year of service.
Accrual: gratuity accrues at the following rate.
- 21 days per year for the first five years
- 30 days per year from sixth year onwards.
The following simple example shows the gratuity accrual at a given time.
The method applied to calculate the one-day salary is the 30-day method i.e. salary/30. The common methods used are either the current month method or the annualized method i.e. salary*12/365. Employers are not legally restricted to the two methods in determining the daily salary.
How many types of employment contracts are available in UAE? Does the type of contract have any impact in calculating gratuity payout?
As per the new UAE Labor Law there is only one type of employment contract i.e. Limited Contract or Fixed Term contract. Since there is only one type of contract, gratuity payout does not have any impact on the type of employment contract.
Please see the below-mentioned scenarios for a better understanding of gratuity calculation;
Scenario 1
Service period: less than one year
Gratuity Amount = Basic Salary per day*Gratuity Days
* Remarks No Gratuity to be paid as employee did not complete 1 year of service
Scenario 2
Service period: Between One to Five years
Gratuity Amount = Basic Salary per day*Gratuity Days
* Remarks Employee is eligible for 21 days for each completed years of service
Scenario 3
Service period: Above five years
Gratuity Amount = Basic Salary per day*Gratuity Days
* Remarks Employee is eligible for 21 days for the first 5 years and 30 days Above 5 years of service
Is the gratuity policy at DIFC different from the provisions outlined in the labor law?
The end-of-service policy at Dubai International Financial Centre has recently been changed and replaced by a new plan called DIFC Employee Workplace Savings (DEWS). This plan requires employers operating in this economic zone to make compulsory monthly contributions to this defined contribution scheme. Please refer DIFC Employee Workplace Savings Plan for more information on the new plan.
What is the effect of unpaid leave taken during the period of service?
Any period taken by the employee as unpaid leave is excluded when determining the service period. That means unpaid leave days are excluded when accruing gratuity. The period of service is reduced by the number of days served as unpaid leave.
How is Maternity unpaid leave and sick leave unpaid leave treated when determining the service period?
The period taken as either maternity unpaid leave or sick leave unpaid do count as part of the service period. The period of service is not affected by any period taken during tenure by employees for these two types of leaves. Please refer to A Guide on statutory leaves in UAE to see how specific statutory leaves affect the service period.
Is there any timeline in new UAE labor law for processing EOS payment to the staff?
Yes, as per the new UAE Labor Law, time frame to pay End of service payment including Gratuity is 14 days from the last working day.
How is UAE gratuity treated from an accounting perspective?
For information on the payroll process in UAE click on this link
Disclaimer:
Whilst every effort has been made to ensure the accuracy of this information, HLB HAMT will not accept any liability arising out of errors or omissions. Please note that this blog is not all-inclusive. Our guidance is designed only to give general information on the issues/topics covered. It is subjected to change and not intended to be a comprehensive summary of all laws which may be applicable to your situation, treat exhaustively the subjects covered, provide legal advice, or render a legal opinion.
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Wage Protection System in United Arab Emirates
HLB UAE Payroll Team
Phone:- +971 4 327 7775
Mobile:- +971 50 205 9540
WhatsApp:- +971 56 219 1607
Email:- dubai@hlbhamt.com
The UAE Wage Protection System (UAE WPS) is an electronic salary transfer system that allows institutions and organizations in the private sector to pay their employees through banks, exchange bureaus, and financial institutions approved by the UAE Central Bank to provide the service.
UAEWPS was introduced in 2009 by the UAE Central Bank to meet the desired objectives of the Ministry of Labour. The purpose of WPS is to ensure wages are paid on time and in full. The initial objective was to protect the rights and interests of blue-collar workers but has transformed to require all salaries paid in the private sector under the jurisdiction of Ministry of Human Resources and Emiratization (MOHRE) and Economic Free zones be remitted via WPS.
Currently Jebel Ali Free Zone (JAFZA) is the only free zone that has fully adopted the use of WPS. Dubai Multi Commodities Center (DMCC) initiated WPS with effect from February 2023. It is mandatory to all the entities registered under DMCC to process their employee salary through WPS with effect from January 2024. All government entities and public sector institutions are exempted from WPS compliance.
Employers prepare and send employee salary and account details to WPS via a SIF file format.
The parties involved in the WPS cycle are outlined as follows:
- Employers – Any company registered in UAE Mainland and JAFZA.
- Employees – Any individual working in the private sector and has labour card issued by the Ministry of Labour
- Banks – The financial institution where the employer holds an account with, and which is used to transfer wages to the appointed agent.
- Agents – Any bank, bureau de change or financial institution approved by UAE Central Bank to offer wages transfer to employees via WPS.
The model adopted by the UAE Central bank is where information flows from the employer via WPS to one or more of the contracted agents for payment of the wages to the employees. The funds from the employer are secured by CBUAE prior to dispatching of information to the agents.
The WPS cycle is explained below in the following infographic;
Employer – Employer Bank – CBUAE – Agent Bank – Agent – Employee Bank/Employee
HLB HAMT has all the mechanisms and resources to provide WPS payroll services to our clients. We have put in place the technology and human expertise that guarantees a smooth and error-free WPS cycle for our clients and payroll partners.
FAQs
How can one register with WPS?
Registration can be done by contacting the bank which the employer holds a corporate account or through an authorized exchange house.
Is WPS registration mandatory?
Yes, salary transfer via WPS is mandatory for every private company under MOHRE Jurisdiction and companies registered within JAFZA and should cover at least 70% of the employee headcount.
What are the advantages of WPS?
- Ensures that the agreed-upon wages are paid on time
- Provides advanced solutions that help employers safeguard their own interests and reduce the hassles associated with paying the employees.
- Improves job security, at the same time ensuring transparency
- Ensures that the UAE Ministry of Labour is updated on wages data in the private sector
- Helps in taking measures to reduce labor disputes regarding wages.
Can one process salary payments via WPS in a foreign currency?
The only authorized currency of remittance is the UAE Dirham. WPS payments must be made to a bank account registered in the UAE.
Which payments to employees are processed via WPS?
All salary must be processed via WPS. However, if employees receive any other form of payment from the employer other than salary payments, then these too can be processed via WPS.
Can a group of companies make all the salary payments for all staff via one SIF file?
No, every company under the group should make their salary payments separately. WPS does not permit the mixing of payments from different companies in one SIF file.
How many SIF files can be sent by a company in one month?
There is no limit to the number of files that a company can send out in one month.
What is the minimum salary that can be processed via WPS?
The salary and other allowances payable to the employee as agreed in the contract should be processed via WPS.
What is the maximum number of employees whose salary can be processed with one file?
There is no limit to the number of employees whose salary is processed in one SIF file.
Should End of Service Benefits be processed via WPS?
It is not mandatory to process EOSB and gratuity payments via WPS.
What are fines for evading WPS?
These fines apply for actions involving fraudulent use of the WPS:
- Entry of incorrect data in the WPS for the purposes of evasion or circumvention – AED 5,000 for each worker and a maximum limit of AED 50,000 in case of multiple workers
- Failure to pay on due dates through the WPS – AED1,000 per employee
- Forcing employees to sign fake pay slips showing that they received their salaries – AED 5,000 per employee.
SIF Files composition
1. Employee details are found on the EDR rows
Column A – Employee Details Record
Column B – Employee 14-digit labour card number.
Column C – Bank routing code.
Column D – Employee bank account number.
Column E – Start date of salary
Column F – End date of salary
Column G – Number of days salary paid
Column H – Fixed or Basic Salary of Employee.
Column I – Variable Salary
Column J – No of Leave
2. The last row has the employer details as follows
Column A – SCR column (Salary control record)
Column B – 13-digit Agent ID.
Column C – 9-digit bank Routing Code.
Column D – File creation date
Column E – Time of file creation
Column F – Payroll Month and year
Column G – No of records in the file.
Column H – Total amount of salary paid.
Column I – Payment currency which is in AED.
Column J – Optional field.
A sample SIF file looks as below
Payroll Process
The process of payroll in UAE is a little complicated and time-consuming; hence it is always recommended to outsource your company’s payroll function. Outsourcing payroll in UAE will ensure the assistance of a team of trained payroll professionals and it frees up the time of the organization, helping them focus on other projects that add value to their business.
One should be extra vigilant while selecting their payroll provider, as payroll data is highly sensitive, and one should opt for a provider that can ensure high levels of data security.
As a leading payroll outsourcing company, HLB HAMT can help solve your payroll complexities through customized strategies. We take care of our clients’ entire payroll cycle that includes preparation of payroll reports, processing salary payment with WPS compliance, accrual management including Gratuity, pension funds, an online portal for accessing payslips, and many more. Our leadership team spends the necessary hours in every project, ensuring our clients get refined consulting services to take your business forward. HLB HAMT provides payroll in UAE, Bahrain, Qatar, Saudi Arabia, Kuwait, and Oman.
To know more about our payroll process, click here
Disclaimer:
Whilst every effort has been made to ensure the accuracy of this information, HLB HAMT will not accept any liability arising out of errors or omissions. Please note that this blog is not all-inclusive. Our guidance is designed only to give general information on the issues/topics covered. It is subjected to change and not intended to be a comprehensive summary of all laws which may be applicable to your situation, treat exhaustively the subjects covered, provide legal advice, or render a legal opinion.
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How important is it to collaborate with your customers in UAE?
Sumesh Krishna, Partner
Phone:- +971 4 327 7775
Mobile:- +971 50 749 0576
WhatsApp:- +971 56 219 1607
Email:- dubai@hlbhamt.com
COVID-19 has brought a major shift to the businesses, customer preferences and interests. It has become a question of survival for entities as they adapt to the new technologies during this crisis. Even as the pandemic strikes the world, people have found measures to overcome its repercussions on the economy. The customers in various businesses; have also started to make use of the technology, for their day to day needs irrespective of age factor. The software and technology companies will benefit and recover strongly from this catastrophe if they pay attention to the changing needs of the customers.
Changing consumer preferences
The current restrictions in the free flow of businesses have brought in changes in customer expectations and preferences. They have chosen digital alternatives even for their daily needs. The online business trend was in showing consistent growth before the outbreak of the pandemic. Still, as the situation demanded people to stay indoors, online businesses accelerated like anything.
The online services have received full recognition for its convenience. Online services such as food delivery, grocery, online streaming and educational services have had a considerable rise in the number of users in the past few months even the governments offered their various services online, which is paving the path to e-governance. As many entities are coping up with this crisis, there are still many other services that had a terrible downfall.
The technological advancements in the general public have helped in retaining the software companies business and growth. The cloud-based connectivity tools have become a saviour for these entities. The work from home culture has become the new normal. WFH mode not only connected the enterprises with its employees on time but also help them to optimize the costs during the pandemic.
Valuing customer needs
Software and technology companies have started coming up with solutions for the changing preferences of the customers. Adaptation of technology by entities to understand the expectations and preferences of the customers are at its fast pace. They are using available technology to make the customers‘ life more comfortable. It is essential to maintain close ties with the customers, and every entity is trying hard to level up to the requirements of their customers.
Those enterprises which have not yet made use of the available technology shall go forward into improvising themselves to be made available to their customers. The digital world has taken over to reality. The software and digital platforms have access to data analytics and related insights; thereby gaining a deep understanding of their customers’ and partners’ buying behaviours. As they recommit to the core values, which include a sharp focus on customer needs, they have a clear idea of how to come up with innovation to provide results.
Digital platforms have attracted new customers who are staying at home especially during this pandemic, like Netflix, UberEats, Doordash and Postmates. Platform companies are well-advised to preserve these relationships even after the plight and to monitor unit economics by managing scaled infrastructure and by challenging transaction volume predictions. The streaming companies, at the same time, keep their customers engaged for the long term with their muscular content libraries.
The global pandemic has necessitated enterprise software companies in adopting a modern approach to connect more deeply with their customers.
In order to recover from this crisis, the software and digital platform companies are collaborating with their customers to create a thriving environment post-COVID-19.
A. Do thorough research on your customers
The customer impact from COVID-19 varies from segment, industry, geography and market position. The present scenarios have directed the customer’s attention to software and technology companies. It is essential to understand the customer before serving their needs. Customers depend on software and technology companies even for their tiniest need today, so it is necessary to determine what tools and technologies are required to suit their needs, from price stability to talent deployment and to cloud connectivity. You can also use data and analytics to analyze the buying behaviour of the customers and to identify new customers. It is also necessary to incite relations with former customers and to increase demand for new products based on customer priorities.
- Key points
- Assess customer impact by segment, industry, geography and market
- Determine the tools and technologies required to meet the needs of the customers.
- Deploy data analytics to understand the buying behaviour of the customers on time and to spot new customers.
- Incite relations with former customers; scale up to meet new demands.
B. Expand boundaries of the sales team
Customers demand solutions for their needs and during this time, they expect it to be timely. In order to provide quality services to your customers, it is vital to train your team Keep your sales team connected and within the system as it will help them to inform the channel partners about the priorities of the customers. It is necessary to meet your ecosystem players virtually (partners of your channel partners, such as their developer network) where they offer online versions of conferences, events and certifications at reasonable rates.
- Key points
- Stay connected with the channel partners to update customer needs and to enhance consumer values.
- Invest in ecosystem players at reasonable rates for online training and events.
C. Embrace customer success models
The customer success teams focus on the customer’s business goals, unlike the traditional sales focus on products, features and upgrades. They function as business partners through the entire business cycle of the customers by advising them in real-time. They work as an in-house team, on-site mostly. You can evaluate your customer success team using rating criteria and aligned with customer’s needs.
- Key points
- Focus on the customer’s business goal.
- Function as an in-house team or a business partner by advising them in real-time.
- Make use of rating criteria to evaluate customer success team aligned with customer’s goals.
D. Innovate
Innovations are necessary for any business to grow. The customers are giving licenses to businesses to come up with new offerings, products, services and more realizing that they gain from these innovations as long as privacy measures are intact. It is mandatory to stay connected with the engineers, product managers, field sales teams and channel partners who know about the customer’s priorities and needs.
- Key points
- Go ahead with developing new offerings, products or services as per the customer’s requirement.
- Pass on the consumer benefits of each innovation
- Ensure privacy
E. Upgrade your brand
It is your services that help customers to measure the quality of your brand. Above all, the customers should be aware of the brand to purchase your services. It would be best if you leveraged know-how to live their purpose and partner with other organizations to serve the communities in need. Providing opportunities for customer philanthropy is also part of elevating your brand.
- Key points
- Serve communities in need by partnering with organizations.
- Provide opportunities for customer philanthropy.
COVID-19 has given a kick start to the software and technology companies to success. They thrive to achieve their goal by creating a close relationship with their customers and by giving prior priority to their needs more than the company’s aims. They consider the on-going change in the preferences of the customers while planning a new strategy, and has also succeeded in connecting the world virtually.
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UAE Introduces New stimulus package
Jay Krishnan, Partner
Phone:- +971 4 327 7775
Mobile:- +971 55 160 1291
WhatsApp:- +971 56 219 1607
Email:- dubai@hlbhamt.com
The United Arab Emirates has brought in a new measure to strengthen the economy by delivering a three-stage “flexible package”, which will include steps to support the labor market and to encourage investment as well.
The “studied” stimulus packages include 33 initiatives that are to be implemented by the end of the year 2020. The flexible packages are introduced in order to ensure the sustainability of the economy, to expand emerging sectors, and to create new ones, using the best available technology and as per the leadership visions.
The initiatives were introduced by the new Minister of Economy, Abdullah Bin Touq Al Marri. He will also lead the new committee that will monitor the implementation and progress of all the 33 initiatives. This was approved by the UAE cabinet in a meeting held at the presidential palace on 3rd August 2020.
The ministry has taken measures to protect jobs and to help businesses survive, including budget allocations to small and medium-sized enterprises, to reduce employer recruitment costs, to establish a virtual labor market, and to automate visa renewal of workers.
Business conditions for the non-oil private sectors in UAE has improved during the month of July as the lockdown restrictions were eased which was enabled to control the spread of the pandemic. Even though the businesses have shown signs of survival, job generation is still a hideous task in UAE, Saudi Arabia, and Egypt despite the improvements in the non-oil private sector, according to the HIS Markit.
The state news agency said that the first stage of the plan will focus on providing support for Small and Medium-sized Enterprises (SMEs), to promote tourism. The remaining two steps will be for sustainable long-term economic growth. The UAE Central Bank in June stated that the country’s non-oil economy is expected to contract 4.1% this year due to the pandemic.
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