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[LEGAL COLUMN] On Gratuity and Benefits

If you are living and working in Qatar, you, like most others, have a lot of questions on the laws that govern you. JustHere receives dozens of labour-related queries from our readers every week. In this column, advocate Ghada M Darwish provides legal clarification on the oft-asked questions.

In the second installment of the series, we address issues regarding gratuity and extra benefits.

[Q] My company states that employees are entitled for end of service benefits only within 10 years of employment. What if we have worked for more that 10 years? Do we still get end of service benefits?

[GD] The employer shall give the end of service benefit to the worker who spent in work one whole year or more. That said that you are entitled to receive end of service benefit if the employee works for more than 10 years in the same company.

[Q] I resigned my last job 3 months before the end of my two-year contract. Since I didn’t complete my contract, my company said I am not entitled for gratuity. Is this true?

[GD] Article (51) of Labour Law provides that “The worker may terminate the work contract before its termination if its period is determined, without informing the employer, if its period is undetermined, in keeping his total rights of the end of service compensation, in each of the following cases:

  1. If the employer fails to fulfill his obligations decided in the work contract or upon this law.
  2. If the employer or the acting manager makes a physical aggression or any immoral act against the worker or his family members.
  3. If the employer or his representative cheated the worker at the time of contract concerning the work conditions.
  4. If there exists a severe danger that threatens the safety of the worker, or his health in condition that the employer knows about the danger and doesn’t work on eliminating it.
Helpful numbers

NHRC Hotline: 66626663
Ministry of Social Affairs Hotline: 44841137, 44841340, 44841959
Ministry of Labour: Department of Labour Relations: 44406546
Note: Ministry of Labour and Social Affairs receive calls from7am-2pm.

[Q] According to the labour law, when is an employee entitled for end of service benefits? I worked in Qatar for four years, but after resignation, I didn’t get a single penny.

[GD] As mentioned above, the employer shall give the end of service benefit to the worker who spent in work one whole year or more. 
In this case a complaint should be lodged with the Human Rights Department at the MOI. The complaint must demonstrate that the employer/sponsor is indeed abusing his power.

[Q] Does the Labour Law state that annual round-trip ticket to home country is a mandatory benefit?

[GD] The Qatari labour law did not regulate issuing tickets for annual leave. 
On the other hand the sponsor shall undertake repatriate the sponsored person upon the expiry or cancellation of the residence permit or upon deportation order. 
Accordingly, annual leave tickets are subject to the administrative aspects of each company separately and are subject to the agreement between the worker and the company operates.

[Q] After how many years of service is an employee entitled for an annual ticket back home?

[GD] Initially the employer is not entitled for an annual ticket, unless the employment contract provides that. 
However, as matter of practice the employee is entitled for an annual leave for not less than 3 weeks for the employee who served less than five years and 4 weeks for the employee who served for five years or more.

[Q] Is it legal to impose plane ticket budget for expats, where expats are required to pay the excess amount?

[GD]As mentioned above, the employer is not entitled for an annual ticket, unless the employment contract provides that. 
However, if the employment contract provides an annual ticket, then the company is responsible for issuing the ticket in its own cost. 
Also, the company may be allocated to a lump sum allowance for that rather than providing the said ticket.

[Q] Are only married employees eligible for accommodation and transport allowance? Since I am unmarried, my company refused to give me accommodation allowance.

[GD] The Qatari labour law did not regulate the allowance in general.
Therefore, it is subject to agreement between the employer and his company.

[Q] My company has not paid my salary of last six months. What should I do?

[GD]A complain a complaint should be lodged with the Labour Department (see box for contact details).

Ghada M. Darwish law firm is established by an experienced Qatari lawyer. Ms Darwish, currently a PhD candidate at Cairo University, graduated from Qatar University with a Bachelor of Law degree. Her experience includes working at the National Human Rights Committee (NHRC), Qatar University and Qatar Chemical Company Ltd. Ms Darwish is ably assisted by lawyers with different backgrounds and qualifications offering many decades of lawyering expertise in the Middle East and beyond. For more information, visit gdarwish.com or call 44889050. Note: If you have a query, please leave a comment. The queries, if not already covered in this or an earlier piece, will be addressed in subsequent installments of the legal column.

Note: If you have a query, please leave a comment. The queries, if not already covered in this or an earlier piece, will be addressed in subsequent installments of the legal column.

Next column: Leave benefits and working hours

Disclaimer: Neither the law firm of Advocate Ghada Darwish nor JustHere is responsible for actions taken on information mentioned here. All efforts have been taken to provide accurate response to the queries.

Copyright © 2013 JustHere Qatar. Reproduction of material from any JustHere Qatar pages without written permission is strictly prohibited.

Comments

  1. hi assalamu alaikum .sir. i have one problom .this month 28th i am compleat one year .then already i taken 23days leave also my company did not paid the leave salary also. now i am resing now there not giving my leave salary and my gratiuty also i book the fly ticket also .. at the last moment there telling like this ..IT’S TRUE….? THANKS MY NO 77153831

  2. JELYN CULLAMAT LAUZON

    Greetings…
    I resigned from the company that i have been working for over 5 years effective September 5, they are not giving me NOC and I ask them and they just do cancel my visa on September 22 but until now September 24 i don’t receive my benefits/indemnity yet, DO I HAVE THE RIGHT TO COMPLAIN IN HUMAN RIGHTS FOR NOT RELEASING IT TO ME?
    Thank you.

  3. Qays

    Dear Sir

    My company terminated me after working 4 years i was working with a contracting company here in doha. now they says end of service benefit is calculated as per the last basic salary with a condition at least one year must be completed after one year of increment. in case of termination of contract before one year. the end of service benefit will be calculated from the last basic salary. my last basic salary is is much lower than my current salary . i has been passed only 6 months so please advice me any thing regarding this mentioned in labor law or my end of service benefit has to calculate as per my last current basic salary.

    Please help me regards

    Qays ahmed ..

    • Gilbert Button Andoy

      What is the exact calculation of gratuity on working more than 5 years and less than 10 years.

      Thanks

  4. Dear Sir.

    Qatar labor law 2011 mentioned after 5year gratuity 4 week per year

    DOHA: The Ministry of Labour yesterday asked private companies to strictly abide by the labor law and said that workers who have completed five years in a firm are entitled to 30 days of basic salary as end-of-service benefits for each year of service put in after that period

    please provide copy of law 2011

    Regards

    SKB

  5. Mohamed

    Dear Sir

    I am locally hired and been in my company for 4 month . And now i have decided to resign and go back.what if i would still want to come back but my company is not giving NOC? if i want come back what i want to do?

  6. Rabina

    i resigned my company after 7 months of join. Now if i want to come back here in qatar again after how many month i can????

  7. Darren Johnson

    Dear Sir,

    I recently worked for a company who did not pay my Salary in Full for any month i worked there. Although this has been resolved after some arguments there is still an amount owed to me.
    My company asked me to Fly to UK to oversee the loading of some Machinery he had bought in an Auction. The trip was expected to take 1 week but due to my Employers incompetence and not acquiring the correct paperwork for Shipment to Dubai the Qatar actually took 25 days.

    During this time i stayed in various hotels which my employer reluctantly paid however i was reduced to staying at my Mothers House some 300km away as i was not confident my employer would settle the bills of hotels.

    the issue now is that although he has agreed and paid all outstanding money owed, he has deducted my accommodation allowance which is clearly stated in my contract. I was under the impression that my salary is a package and only broken down into Basic, Accom allowance and Car Allowance to comply with Qatari Law?

    Can you please advise.

  8. Sithin PK

    As per the Qatar law, what is the working time of an employee?

  9. anna fe fernandez

    Hello sir. I am working in qatar for 2years and 5 months and i got a settlement of 3626 including my salary and over time of 1760(1600 my salary and 160 my o.t) and the remaining is my graduity. Is that the fair calculation of my graduity? I never have my vacation leave salary and all included to 3626.. I renewed my pataka and tje comany told me that they deducted the remaining 7 months of my 1 year. Per month is 100×7 so a total of 700. Is that the law of qatar that they need to deduct the remaining months from ur settlement because according to them i renewed my pataka and i need to pay for it.. Pls give me advices about this. I felt they dpnt give a fair settlement.. Thank you

  10. Tony Gachuru

    If company terminate without any wrong doing or misbehave .do Qatar lobour law protect workers who have varied contract from termination or dismissal from job without following right procedure.can I be compeseted??

  11. p vignesh

    I have been in Qatar for more than 30 years working as engineer in the field of construction.
    Earlier this month ( April 2015) I have left my previous company after working for 10 years and have recieved my service end benefit settlement along with release to join another company.
    I was immediately appointed in a new construction company along with job letter and then got my sponsorship changed in a week and said to wait until any project position is open.
    It has been nearly 2 weeks at months end and they say that the projects are cancelled and thus my waiting period extended ‘indefinitely’ and tells if you can find another job in the mean time..

    My humble request is to query the following Sir / Ma’am :
    1)Can the company make a new employee wait ‘indefinitely’ ?
    2)Is the employee to be paid his salary for the waiting day as per the contract ?
    3)Is this all been done accordng to the labour law ?
    4)If fault in company side , can the employee take action in court against company ?

    Many readers recommend your advice. Please let me know at my mail – vickygangsta@gmail.com
    Thanking You !

  12. Mohammed Musatak Ahammad

    assalam alikum…..
    I HAD ONE PROBLEM REGARDING THE GRATUITY AMOUNT SIR
    SIR I HAVE TAKEN LEAVE OF 21 DAY FOR GOING TO INDIA(HOME)AT THE END I HAVE EXTENDED TO TWO MONTHS DUE TO DISK PROBLEMS.AFTER TAKING REST AT HOME I AM BACK TO THE WORK AT QATAR.WHEN ARRIVED AT QATAR AIRPORT,DURING CUSTOMS CHECKING THEY TOLD ME THAT U R BRING THE BANNED DRUG INTO QATAR,SO THEY SEND ME TO OUTER JAIL ,WITH IN THAT WEEK THEY SEND ME BACK TO INDIA.BUT MY COMPANY IS NOT RESPONDED TO GIVE MY GRATUITY AMOUNT.I HAVE SEND M Y MAILS TO THEM AND A LETTER TO EMBASSY ALSO SIR.SO WHAT I NEED TO DO TO GET THAT

  13. Naser

    Hi, I have a simple question concerning definition of work period. The labor law states that employees are eligible for EOS if they worked for one year or more. What if you worked for 10 months and have 3 months notice period which puts you beyond one year.
    I assume since annual leave calculations accrued during notice period, it would be similar situation that notice period is calculated as part of work period??
    Any insight is appreciated.

  14. Quamre Azam

    Dear sir
    I complete my contract of two years.
    I have to know about my benefit like gratuity and medical benefit….

  15. kumar

    Dear Sir/Madam

    I’m work in Doha from 2000 till today complete 15 years
    with same company
    my first agreement in 2000 and second agreement make in
    2010 & 2013 please tell me how calculate my end of service
    final settlement

    with Best Regards
    kumar

  16. POORAN MAL SHARMA

    Dear Sir,
    Please advise me, i have resigned my company after working 5 Years. When they give me my full & final payment without Gratuity. When i asked for this , they told me you are working in our Group. Yours salary in not paid our one company continue 5 years.Actually they changed my salary in other company, but all others group of company.Please advise me how to receive my Gratuity claim.

    Thanks

  17. Nestor

    Dear Sir,
    I come here last February 2013 with a contract of free food and fresh drinking water but after a month I complain about it because they didn’t give. After that they change my contract as to free drinking water only. Till now I didn’t receive even a single bottle of drinking water. Do I have rights to ask for back wages of it? And how about the free food they remove when they make another contract? And does it legal to change the contract statement although I signed the second one?

  18. Richard Batuta Balgos

    Dear sir,

    I am already 10 years working with my current employer/company, is it possible to transfer other company.?NOC needed.,?

    thanks

  19. Abdul Gafoor

    Assalamu Alikum Sir,

    My company is not willing to pay house rent allowance during the leave. As I believe as per Qatar labor law its my right to get HRA. Please advise.

    Thank You

  20. Abdul Gafoor

    Assalamu Alikum Sir,

    My company is not willing to pay house rent allowance during the leave. I believe as per Qatar labor law its my right to get HRA in this period. Please advise.

    Thank You

  21. Samadsoopy

    Dear Madam

    i have given resignation letter by mail and letter in writing to the employer without receiving acknowledgement receipt of the same. my visa is expiring on Sep 17 2015. i have mentioned the notice period in the resignation letter until Oct 01 2015. with coming Sep 17 i will complete 3 years in the company. i have not been provided with labor contract so far.
    will i be legally eligible to entitle all the end of service benefits. if so,kindly explain what are the benefits i am entitled to. if my company denies my benefits what are the legal procedures..?

    Thanking
    Samadsoopy

  22. Antonio Peñafiel

    will i get my gratuity if I resign after my two (2) years contract?

  23. NILO D. DELA CRUZ

    Dear Sir

    On last August 6, 2015 we are ILLEGALLY TERMINATED by our company WITH OUT ANY ONE MONTH NOTICE. We are around 60% of the Staff are terminated. The termination Letter was EFFECTIVE IMMEDIATE. WE ARE ALL WORRIED THAT OUR 4 MONTHS UNPAID SALARY WE DID NOT YET RECEIVED UNTIL NOW FROM APRIL TO JULY. AND EVEN OUR GRATUITY THAT THE COMPANY PROMISED US VERBALLY THAT “WE CAN RECEIVED OUR GRATUITY AFTER ONE YEAR” if we have a job here, but if we are going for exit we have to wait for 2 months, how we can survived if even our salary has not yet been paid. Please advise & WE NEED YOUR HELP..in my case i am working for 6 1/2 years, I am not going to mention our company name for my own SAFETY..my email: onil1529@gmail.com and my mobile# 74427052.

  24. Bibek karkee

    Hi, i have been providing service in qatar last 3 yrs. I have never gone to the vacation now completed my 3 yrs visa and requested for resignation so how much gratuity should i get from the company according to the qatar law.my basic salary is 1100 and total ot+allowance 1800.i have never used any medical of company and no any negative issue within my period, company always deducts qr 5 per month as a insurance so i just want to know how much suppose to get gratuity from the company after completion of 3 yrs

  25. Muhammed Nizar.P

    Dear sir,

    My contract with company is two year. but i completed only one year. my contract do not registered in labour office. that is only signed from company. but the company did not gave some benefits, like Leave salary, over time. therefore now i planned to resign from my company. my ID expired over 2 months. i submitted my resign letter before one month. but company did not approve my resign. what can i do?

    Qatar.
    2.11.2015

  26. Mark Slade

    I have been working for Newton British school since September 2011. Initially I was on a 2 year contract and at the end of this time took my two years gratuity money. I decided to continue working for the next two years and I am currently into my third extra year (five in total) I have stated the need to resign at the end of this term (Dec 2015) as I need to get back to the UK. However, my HR has told me I will get NO gratuity for this year or the past two. Is this correct?
    Your help is much appreciated
    Kind regards
    Mark Slade

  27. Mark Slade

    Does anybody actually reply to these posts?

  28. MY COMPANY GIVEN ME 7 DAYS LOCAL LEAVE,AND I ACCEPTED IT AND SIGNED IT.NOW,THAT 7 DAYS LEAVE AUTOMATIC DEDUCTED FROM MY SALARY,WITHOUT MY KNOWLEDGE?BECAUSE WHAT I KNOW THAT 7 DAYS WILL BE PAYABLE,BECAUSE MY COMPANY WAS THE ONE WHO IMPOSED A 7 DAYS LEAVE,IS IT IN THE LABOUR LAW THEY IMPOSED?
    DO I HAVE THE RIGHT TO COMPLAIN?

  29. Sir I want to know.. till how much months if we work means grauity..is tere..because my company contract has been over..but this is 11 th month for me..can I get grauity..please tel me sir let me know..my mail navinraj449@gmail.com.

  30. fajar

    What is the notice period in Qatar if terminated after probation period.do company inform the employ by written notice?..

  31. dear sir! finish my two years in a company! if m able for grauity pls tell me

  32. SURINDER KUMAR

    Dear Sir/Madam

    I’m work in Doha from 2000 till today complete 15 years
    with same company
    my first agreement in 2000 and second agreement make in
    2010 & 2013 please tell me how calculate my end of service
    final settlement

    with Best Regards
    s.k.b

  33. ibadur rehman

    Dear sir.
    I am working in Co. Last 16 years my 1st contract 2000. 2nd 2010. This month I am resignation. As per Qatar law how much yearly pay my Co. Eos

  34. willem kaltwasser

    1. I RESIGNED ON 25-JUNE-2016, MY GRATUITY WAS PAYED FOR 11 YEARS ONLY, THE EMPLOYER TOLD ME THE LAW CAME IN PLACE 6-1-2005, THEREFOR I AM LOOSING 2 YEARS OF GRATUITY, PLEASE HELP, WHAT CAN I DO NOW

    2. ROR 11 YEARS I RECEIVED 3 MONTH SALARY AT THE END OF EACH YEAR COMPLETED, A NEW MANAGEMENT TAKEN OVER FROM THE OLD MANAGENET AND NOW THEY REFUSE TO PAY ME AS STATED IN MY CONTRACT, PLEASE HELP

  35. raymond

    Hello sir/maam. I like to share my problem about my company, they terminate me because i dont want to sign the 5 days deduction paper,. They terminate me this july 19 2016, nut the manager who terminate me said that i can work until 30 of july so i cqn get paid the whole month. And now they stop me to continue my work until 30 of july. And on this coming july 28 2016 im already 1year working in sugar and spice. Can i get my 1year vacation leave fee,1year graduity and my 1 year equity sir/maam?

  36. raymond

    Hello sir/maam. I like to share my problem about my company, they terminate me because i dont want to sign the 5 days deduction paper,. They terminate me this july 19 2016, nut the manager who terminate me said that i can work until 30 of july so i cqn get paid the whole month. And now they stop me to continue my work until 30 of july. And on this coming july 28 2016 im already 1year working in sugar and spice. Can i get my 1year vacation leave fee,1year graduity and my 1 year equity sir/maam?
    Please sir i need your help.
    They want me send home imedietly so that i can not have a time to go in labour office

  37. Shameer VP

    Sir,
    My name is shameer, i was working in a trading company in doha from 2012 june. I was submitted my resignation letter with 30days notice period to my manager on 31st july 2016 due to non paid of salary from May onwards. Now i have a offer letter from A group company in qatar and my previous company didnt paid anything to me such as salaries and other august 2016 and my sponsor didnt give me noc and transfer form and also my company computer card is expired. Computer card is blocked due to non payment of salary to staffs. Sir, is there any option to change sponosorship directly by using my valued offer letter and 3 months unpaid salary.

  38. Shameer VP

    Sir,
    My name is shameer, i was working in a trading company in doha from 2012 june. I was submitted my resignation letter with 30days notice period to my manager on 31st july 2016 due to non paid of salary from May onwards. Now i have a offer letter from Al mana group and my previous company didnt paid anything to me such as salaries and other benefits. On 1st september i had joined to al mana group but they told to me they cant accomodate me without valid documents. My id is expired on 15th august 2016 and my sponsor didnt give me noc and transfer form and also my company computer card is expired. Computer card is blocked due to non payment of salary to staffs. Sir, is there any option to change sponosorship directly by using my valued offer letter and 3 months unpaid salary.

  39. Dear sir
    I was working in Doha and now I am on vacation my employer said you don’t come to this company due to various reasons . And they are not agree to pay my graduaty and leave salary . So what kinds of action can take from india .please advice me

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