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End-of-service gratuity in Oman under Article 61

By Sethupathi Suresh , Founder, Cloud Kite Solutions Last verified

Short answer

Under Article 61 of Royal Decree 53/2023, an expatriate employee in Oman is entitled to one full month of basic wage for each year of service from the first year, calculated on the last drawn basic wage. Service before 31 July 2023 is calculated on the previous formula and paid alongside it.

Key facts

Last verified

Governing article
Article 61, Royal Decree 53/2023 (Oman Labour Law).
Entitlement
One month's basic wage per year of service, from year one. No reduced first-three-years tier.
Calculated on
The last drawn basic wage. Allowances are excluded unless the contract includes them.
Minimum service
One year of continuous service.
Partial years
Prorated.
Omani nationals
Excluded — covered by the Social Protection Fund under Royal Decree 52/2023 instead.
Transition date
31 July 2023. Service either side is calculated on a different rule and paid as one sum.

The current rule

Article 61 of Royal Decree 53/2023 sets a single, flat entitlement: one full month of basic wage for every year of service, starting from the first year.

That is a simplification of what came before. The previous law tiered the entitlement — a reduced amount for the early years, the full amount later — and much of the material still circulating online describes that older structure. If a calculator or an HR handbook tells you the first three years accrue at a lower rate, it is describing the pre-2023 position.

Two parameters do the work:

  • The wage base is basic pay only. Not gross, and not basic plus allowances, unless the employment contract explicitly says otherwise. Housing, transport and similar allowances sit outside it.
  • It is the last drawn basic wage. The entire entitlement is valued at the final rate, not at the rate in force during each year of service. A promotion late in an employee’s tenure therefore revalues all of it.

A minimum of one year of continuous service is required. Service beyond that is prorated, so an employee leaving at three years and four months is entitled to the fraction, not the rounded-down year.

The transition split, which is what most calculators get wrong

The law took effect on 31 July 2023, and service either side of that date is calculated differently. For anyone hired before then and still employed after, the entitlement has two components, paid together as a single sum:

Period of serviceRule
Before 31 July 202315 days’ basic wage per year for the first three years of service, then one month per year
From 31 July 2023One month’s basic wage per year

The Ministry of Labour’s own worked example makes the shape clear. An employee on RO 500 basic who started on 1 August 2021 accrues at roughly RO 250 per year for the first two years — the pre-law rate — and at RO 500 per year for service after the law took effect.

This is the part generic Gulf gratuity calculators tend to miss. They apply one rule to the whole tenure, which produces a materially wrong number for every employee hired before mid-2023 — which today is most long-serving staff.

Our gratuity calculator handles the split explicitly and shows the working, so you can see which portion came from which rule.

Why Omani nationals are excluded

Article 61 gratuity applies to expatriate employees. Omani nationals are covered instead by the Social Protection Law under Royal Decree 52/2023, which provides social insurance rather than an end-of-service lump sum.

This matters operationally as well as legally: a payroll system that accrues gratuity for the whole workforce overstates the liability, sometimes substantially, in an organisation with a high Omanisation ratio. Accrual should be driven off nationality, not applied across the board.

Accrue monthly, do not calculate at exit

Gratuity is an obligation that builds up quietly and lands all at once. Treating it as an exit-time calculation has two costs.

The first is financial visibility. An employer who does not accrue does not know what the liability is until someone resigns, and by then it is a cash event rather than a provision.

The second is accuracy. Accruing monthly forces the wage base and the nationality flag to be right continuously, in small increments, rather than reconstructed under time pressure on someone’s last day — which is exactly when disputes happen.

A practical checklist

  1. Confirm your wage structure separates basic from allowances cleanly, since the entitlement values only basic.
  2. Flag nationality on the employee record and drive accrual from it, so Omani nationals are excluded correctly.
  3. Record each employee’s service start date accurately — the transition split depends entirely on it.
  4. Accrue monthly, and revalue when basic pay changes, since the entitlement is priced at the last drawn wage.
  5. Keep the calculation visible to the employee. Most gratuity disputes are arithmetic disagreements, and showing the working resolves them before they escalate.

Frequently asked

How is end-of-service gratuity calculated in Oman?

One full month of basic wage for each year of service, from the first year, calculated on the last drawn basic wage. Service completed before 31 July 2023 is calculated on the previous formula — 15 days per year for the first three years, then one month per year — and both components are paid together.

Is gratuity calculated on basic or gross salary?

On the last drawn basic wage. Allowances and bonuses are excluded unless the employment contract explicitly includes them in the calculation.

Do Omani nationals get end-of-service gratuity?

No. Omani nationals are covered by the Social Protection Law under Royal Decree 52/2023 and receive social insurance rather than the Article 61 gratuity that applies to expatriate employees.

What is the minimum service period for gratuity in Oman?

One year of continuous service. Below that, no gratuity entitlement arises.

Is end-of-service gratuity taxable in Oman?

Oman does not levy personal income tax on individuals, so there is no income tax deduction from an end-of-service payment.

Sources

Informational only — not legal advice.

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