Complex Made Simple

Your Final Salary & Gratuity Is Blocked – What Now?

No matter where you are at, you need to know that depending on your circumstances, your End of Service Benefits may not get to you. A little clause in your personal loan contract may be the culprit...

Banks would release and reassign the EoSB back to the borrower, upon receiving a written request AND if there is no outstanding loan balance remaining Some personal loan contracts may only give the bank a right to withhold your gratuity, and not other redundancy related payments Speak to a bank representative to figure out if you have ‘involuntary loss of employment’ insurance

By: Souqalmal

Many borrowers are completely unaware of the fact that their lender may have the first right over their EoSB.

Is that even legal?

Yes. As standard practice, banks in the UAE add a clause in personal loan contracts that gives them complete authority to adjust and offset the borrower’s EoSB towards the outstanding loan.

Why would a bank do this?

Think of it as a way to ensure the recovery (at least partially) of an otherwise unsecured loan, which was granted to you simply on the basis of your salary and employer credibility.

Read: Uncertainty is the key challenge facing business leaders in the UAE

What part of the EoSB is withheld by banks?

Usually, all of it. The EoSB, as defined by banks in personal loan contracts, normally includes your final salary payment, gratuity entitlement, payment in lieu of notice period, payment in lieu of accrued and unused leave, and any other redundancy related payments from the employer.

The bank has blocked my EoSB. Can I claim it back?

Normally, banks would release and reassign the EoSB back to the borrower, upon receiving a written request AND if there is no outstanding loan balance remaining. This may not affect borrowers who are comfortably able to move on to another job immediately, or were anyway planning to relocate abroad after closing all their debts in the UAE. But the current situation is very different. An increase in the number of lay offs and a scarcity of new job vacancies, will make it impossible for borrowers to repay their loans immediately.

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But if you’re stuck in this situation, here’s what you can do…

  • Reach out to your bank – Visit a bank branch and speak with a bank representative, who may be able to help you explore all the relief options available to you. For example, you can request for a partial release of your EoSB. 
  • Seek legal advice – Some personal loan contracts may only give the bank a right to withhold your gratuity, and not other redundancy related payments. If feasible, have a legal expert review the terms and conditions in your loan agreement. 
  • Check if your personal loan comes with job loss insurance – Check your personal loan agreement or speak to a bank representative to figure out if you have ‘involuntary loss of employment’ insurance benefits as part of the original deal. This benefit can help cover your monthly loan installments for a few months. 
  • Look for part-time, freelance or temporary work – If you can’t depend on your gratuity and end of service payments to help you get through a period of unemployment, you will have to look at other sources of income. Landing a full-time job may be difficult on short notice, so tap into your contacts and try to find temporary or part-time work to help sustain yourself. 
  • Plan ahead for financial emergencies – If you haven’t faced the above-mentioned situation, you should start planning ahead and have a financial back-up plan ready. Make sure you have an emergency savings fund in place. You can save up some physical cash or save your income in a separate savings account. This money will help tide you over difficult times.