Can an Employee Take Personal Loan Against Gratuity Amount

Personal loans have become an essential financial tool for those who want to manage unexpected expenses, fund major life events, or pay off debts. With the rising cost of living and the allure of numerous investment opportunities, the importance of accessible and flexible personal financing options is certainly on the rise.

While exploring such loans, individuals often consider the possibility of securing a loan against their gratuity amount — a sum of money received as an end-of-service benefit.

This article is for those curious about taking advantage of their gratuity for additional financial support. We will explore the eligibility criteria, necessary documentation, and the security required to take out a loan against your gratuity amount in the UAE.

Key Insights

• You can get a loan against gratuity in the UAE. For this, you will need some documents like an employer undertaking letter, a personal guarantee form, and a security cheque.
• The process is governed by UAE’s stringent financial regulations, including the Central Bank Regulation No. 19 of 2011 and the UAE Federal Decree Law No. 42 of 2022 on Civil Procedures Law.
• Failing to repay a loan against gratuity can lead to  severe consequences, such as the cashing of security cheques, legal actions for debt recovery, imposition of travel bans, and potentially an arrest warrant.

What is a Gratuity Amount?

The gratuity amount is a financial benefit that employees receive from their employers as an end-of-service reward. This sum is payable upon the end of employment, based on the duration of service under the UAE labour law.

In simple terms, the purpose of the gratuity is to thank employees for their dedication and service throughout their tenure.

Generally, the calculation of the gratuity amount depends on the type of contract (limited or unlimited), basic salary, and total years of service.

Can I Take a Loan Against Gratuity Amount?

In the UAE, it is possible to secure a personal loan against gratuity, leveraging your end-of-service benefits as collateral. This option is regulated by several legal frameworks including Regulation No. 19 of 2011 of the Central Bank of UAE, and the UAE Federal Decree Law No. 42 of 2022 on Civil Procedures Law.

Under these regulations, when applying for a bank loan on gratuity, a salaried individual may provide their salary and gratuity as security.

The process involves the lender receiving a commitment from the borrower’s employer to transfer monthly salary and end-of-service benefits directly to the lender’s account.

Everything you Need to Know about Personal Loan Eligibility

Securities and Documentation Required for Obtaining a Loan Against Gratuity

To obtain a loan against gratuity in the UAE, you have to provide specific documentation. Here is a simplified list of the essential documents and securities required -

• Employer Undertaking Letter: A formal letter from the borrower’s employer agreeing to transfer the borrower’s monthly salary and end-of-service benefits directly to the bank throughout the duration of the loan.
• Personal Guarantee: If the loan is secured against a personal guarantee, the borrower needs to provide a signed form of personal guarantee approved by the bank and signed by the guarantor(s).
• Security Cheque: A security cheque from the borrower, which the bank can deposit for collection if there’s a default in loan repayment.

Can Defaulting on a Personal Loan Against Gratuity Lead to Legal Issues? 

Defaulting on a personal loan against your gratuity amount in the UAE is a serious issue and brings significant legal repercussions.

Here’s what happens if you are unable to meet the loan repayment schedule -

• Security Cheque Collection: The lender may cash the security cheque provided at the time of the loan agreement. If this cheque bounces due to insufficient funds, further legal action may be initiated.
• Legal Actions and Travel Ban: The lender can file a legal case against the borrower. If the debt amount exceeds AED 10,000, the lender might request the court to impose a travel ban on the borrower.
• Civil and Payment Order Cases: The lender has the option to file a civil case or a payment order case to recover the outstanding loan amount.
• Execution Proceedings and Arrest Warrant: If the judgement is not in the borrower’s favour, the lender may initiate execution proceedings. This could include the imposition of a travel ban and the issuance of an arrest warrant against the borrower.

So, How to Get Hassle-Free Personal Loans?

Policybazaar.ae is an excellent starting point if you want to explore the best personal loan options in the UAE or need expert advice. On the homepage, you’ll find a dedicated section for personal loans where you can apply for a loan tailored to your needs.

If you require assistance or wish to speak with a financial expert, you can dial 04 247 2904. Additionally, you can fill out the ‘Personal Loan Lead Form’ on our website. After you submit it, one of our knowledgeable executives will promptly contact you to assist you with the application process and provide guidance as per your financial circumstances.