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JustHere | December 8, 2016

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[LEGAL COLUMN] Leave benefits, termination and working hours

Photo Courtesy: John Roberts/Flickr

Photo Courtesy: John Roberts/Flickr

In the third installment of the legal column, advocate Ghada M Darwish addresses queries on leave benefits and working hours.

[Q] I worked for over 2 years in a company. My employer cancelled my visa when I travelled back home, and I don’t have an NOC from him. When can I come back to Qatar? Can I come back on a business or tourist visa?

[GD] Since your employer has cancelled your Visa and you don’t have an NOC from him, you can come back only after 2 years on a business visa. According to Article 4 of the Sponsorship Law of Qatar, no work visa shall be granted to any expatriate who has already been granted a visa to work in the state until the expiry of two years from the departure date. If the service contract is for a definite period, and if there is no contract beyond two years, he can come back only after two years. Termination of employment contract during leave is not permitted pursuant to Article 85 of the Qatar Labour Law.

[Q] Our contract states that ‘no work, no pay’ which means we don’t get paid on leaves or holidays. Also, we don’t get paid overtime. Can we contest the statement even if we signed the contract?

[GD] According to Article 73 of the Qatar Labour law the maximum hours of work is 48 hours a week and according to Article 74 of  Labour Law, a worker is required to work additionally if needed, but to a maximum of ten hours a day. The employer should pay the worker, his basic wage plus 25% thereof for additional hours. According to Article 75, the worker should get a holiday per week, normally Friday, or an alternate day. If his work is necessary on Friday, he should be compensated with a basic wage plus an increase of not less than 150%.

According to Article 38 of the Labour Law, the Service Contract should specify the nature and type of work, the agreed wages for the work etc. If your contract states ‘no work, no pay’ then it may be deemed to contravene the Labour law and therefore the said term may be deemed illegal as it deprives the worker from entitlements under the Law.

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] How is paid leave calculated? Is it calendar days or working days?

[GD] The paid annual leave is calculated as per calendar days. According to Article 79 of Qatar Labour Law, the worker who has completed one continuous year of service shall be entitled to an annual leave with pay for not less than three (3) weeks for a worker whose service is less than five (5) years and four (4) weeks for one whose service is more than five (5) years. The wage of the worker during the annual or sick leave and his end of service gratuity shall be calculated on the basis of his basic wage on the date of entitlement according to Article 72.

[Q] Upon taking a vacation, my sponsor had asked me to not return to Qatar, and extend my vacation indefinitely. Is it possible to claim my unpaid salary, leave salary and end of service benefits? Can an employeer terminate the contract when the employee is on leave?

[GD] According to Article 85 of Labour Law, the employer may not terminate the service contract or notify the worker of the termination thereof during any of his periods of leave provided for in the Labour Law. The employer may not notify the worker of the termination of the contract if the notice period expires during any of such periods of leave. If the service contract is of an indefinite duration, according to Article 49, any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing one month before the termination.  If the period of service is less than one year the notification period shall be at least one week. If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.

According to Article 50 & Article 54 read with Article 65, 67 & 68 you can claim the unpaid salary, leave salary and end of service benefits like gratuity if you have worked with that employer for one year or more.

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.

Previous Columns: On Gratuity and Benefits, On Visas and Sponsorships

Next: Answers to queries we have received on previous columns

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. MD ZAFAR EQBAL

    Someday ago i came back from QATAR, I work there only for 8 month, i did not completed 2years contact, while i was coming i did not cancle my visa, came on sick leave.

    If i wanna work in other company, what is the solution,

  2. Shena Marie Matundan Manaig

    hi! I’ve been work to Qatar but I did not finish my contract and they cancelled my visa because I resigned and get married to syrian national who is also working in qatar. My question is is it possible to me to go back to qatar since I was using the surname of my husband already. I already have my passport change of status. Is it possible to come back in qatar this june since I left qatar last december2013.But I want to comeback by company visa not under husband sponsor. Pls reply it would be a big help! Thanks!

  3. guillaume crepet

    I have been working in Qatar for 5 years for a hotel company and voluntarily resigned.

    I will leave Qatar at the en of the month and my employer does not want to pay for my last ticket going home saying that as I resigned, benefits do not apply anymore. A lot of colleagues in other hotels tell me that Qatari labor law states that the employer has to pay for your ticket home, no matter if you resigned or got terminated.

    Would you be able to clarify that and maybe provide me with the law/article number in order to bring that up to our Human Resources department please?

    thank you in advance for the help,

    G

  4. sam

    If an employee come back from the annual leave,, and he has taken leave more than approved leave.. if he got late to rejoin the duty as specified in leave application form…. so can the employer terminate him after returning back from the leave.

  5. A.B.M.Gadafi

    I finish 1year my jobe I dont have any problems with my management but my sponsor change his old management the new management come next day the tareminat me old rady I have bang lone and I won’t work in qatar how I cant get noc or no

  6. simon

    My employer has forced or rather coerced us to sing documents that force us to work for 12 hours a day or 72 hours a week,we don’t get salary but rather we are forced to remit a specified amount to the company then,and only then do we earn our wages.please advise if this I is legal or not and if it contravines the labour laws what is the best way foward.its a taxi company. And at the end of contract they refuse to grant NOCm

  7. Dear Sir & Madam: I ready to resign from the company in Doha where I was working since 2000. What are my entitlements for end-of-service gratuity? How could the Labor Department help me in settling the matter gratuity calculation? I want clear and sure before resigned submitted to my company I take gratuity as per my first contract written gratuity as per Qatar labor law? that time Qatar labor law 3-1963 serving FOR LABOR AND as per law no 3-1963 clearly mentioned 10 to 15 year service 5week gratuity calculate for employee ? my company not ready to pay as per my first contract some people work with me same 14 years company paid 21 days per years only ( MY COMPANY MADE NEW CONTRACT IN 2013 AND WRITTEN SERVICE JOIN DATE Sept-2000 and agreement as per labor law 2004 gratuity 21 days per year when we argue with HR PRO why written contract as per labor law-2014 he said this is as per new labor law and labor department instruction renewal of agreement,
    Please Note: Maybe employer have good relation with big people in Qatar government department MAY BE his interfere or effect by approach for my gratuity EOS?
    I request you advise and help me for these matters, this money save my life in future as my age now56 years,
    With Best Regards
    BKS

  8. M

    Hello..i ave been working for my company now more than 5 years.
    i recently resigned and now my company tells me i will only get my graduity.
    i didnt go on vacation last year..so shouldnt i be entitled for my ticket also?
    all the qatar national holidays etc and overtime will also not br paid to me..as per company policy they said.
    please advice.
    i am on husband sponsorship btw since recently
    thank u

  9. RUDRA KHADKA

    i have been working since 1998 now i want go exit . but my company giving END OF SERVICE COMPENSATION form 2005 only .can i claim my END OF SERVICE COMPENSATION from 1998 ? and where should i go for that ??

  10. Rudra Khadka

    Dear sir,
    According to the labour law, when is it started for end of service benefits system ? I have been working in Qatar since 1998 , but my company give us only from january 2005 , so am i entitled to get my gratuity from 1998 or just from 2005 january ?

    thank you sir
    Rudra…

  11. Richard Burgess

    I was recently employed by a company called Fino Interiors in Qatar, They never got me a visa and have since terminated me now they are not paying my final settlement and also for the month of July. The company is based I Dubai as Fino International but have an office I Doha. What rights do I have and is there a system to make them pay my dues. They also have men living in a labour camp that is very substandard with a lac of ac and too many men per a room, The project they are involved with is for the new Ministry of Interior building which is a Government contract. Surly as this is for the government of Qatar this should be investigated.

    Thank you

    • Hello i just want to inquire reagrding for my probationary contract I am now holding JAFZA visa and I was hired June 24, 2012 and 3 months ago I resigned in the company dated Oct. 03, 2012 only, Because i will go back to my origin country to continue my studies. Now my question was do I have to pay anything from the company or from the Labour of JAZFA for them to release me and my passport? Even though I just only stay in the company for almost 3 months.Thank you very much for your reply

  12. Jeetandra chaudhary

    Hello sir/madam

    I am jeetandra chaudhary and i have been working in qatar in a company for the last 2005 to 2014. Its been 9 years. My concern is about my graduity as per qatar llabour law have written that we are entitled to have our gratuity not less than 3 weeks if we are less than 5 years in service and 4weeks if we are more than 5 years. I have planed to go home but most of friends they recieved only 12 days gratuity when they were less than 5 years. Is that justified sir? Or they should have 21 days instead of 12 days? May argue with the employer if they try to give me only 12 days of less than 5 years in service?

  13. For the 21 days or 3 weeks , is it including friday or just only 21 working days ? Becuase friday is normally no work. This query is for annual leave…

  14. thayanithi.p

    amount of gratuity provided the amount equals to or is higher than 3 weeks. this 3 weeks come after one year or before one year? please reply me

  15. pravrrn

    Hello, i worked 37 months and i dint finish my second contract. Can i get ticket and gratuity and leave salary? ?

  16. Anna

    Hello,

    I have been teaching at a state-owned college (North Atlantic) here in Qatar for the last six years. However, my employment contract states that my employer is College of the North Atlantic in Canada.Am I entitled to end of service gratuity based on the Qatar Labour Code if my employer is Canadian (in Canada)?

    I truly hope you can answer this query.

    Thank you very much and I look forward to hearing from you.

    Kindest regards,

    Anna

  17. Ebin Raj

    Sir
    I was working in a manpower supply company and I have decided to resign from the company after one year.my contract is two year when I talked about this to our company they said that they will cut my one month salary as per Qatar law.is there any law like that

  18. Mohamed

    Sir

    My management refusing to approve my vacation request, due to family problem the vacation is inevitable to me. I am working in this company from June 2013. My last vacation was finished at end of November 2014. I am eligible for yearly vacation as per my contract status amendment.

    I hope you will help me till about this based on Qatar Labor Law.

  19. I wanted to ask if the two months school vacation is paid to the employees according to qatar labor? Our school principal made us to work during vacation and we do work based on her orders in order for us to get our salary. Now this time she told us to take a break for one month but did not tell us anything if she’s going to pay us or no. And all of us only rely on our salary for our sustenance. Can you please tell us what does the Labor Law says about the school vacation whethet it’s paid or not? Thanks and God bless.

  20. Sunil Madhavan

    Dear sir, iam a civil engineer working in Qatar for the last 7 years and calculating end of service benefits is based on minimum three weeks of basic or gross salary up to 5 years and above 5 years minimum 4 weeks basic or gross pay for each additional year above 5 years, kindly advice…..sunil madhavan (deepsun905@gmail.com)

  21. Almarissa. Yumang

    Good day! I am currently working in Qatar as a Salesman in a watch vompany for more than 2years. I had joined my company January 15 this year only.. We filed a complaint to P. Overseas Labor Office because of cutting day off policy and non payment of overtime worked.. The day off cutting policy works depending if we achieved the target for a specific brand of watch. If the staff achieved the target given by the managers, then.we can.take half day off.. How does half day off work?? If for example today is my off, i have to go to work in the morning, from 9 am to 1 pm, then the remaining half of the day is my day off.. Everyday we are working 10 hrs a day.. So in a week , we are working for. more than 48 hrs but not being paid for the excess hours.. During holy month of Ramadan, we are working for more than 60-70 hrs but not being paid off for excess hours.. We tried to seek help from Phil.Embassy.but they didnt do anythong. We even tried to set up for a meeting with the.owner but failed to take any actions. planning to request.for tetmination. of contract .But ia it legal?will i get all the benefits ?will thecompany provide the.ticket for me?

  22. Vina G. Victorio

    I am under husband sponsor and have been working in a company for 10 months. But until now I do not have a labor contract. Also is it alright to join my husband and daughter in an annual vacation of 30 days. My employer said I should only take a leave for 21 days. It is unpaid leave and they did not pay for plane ticket.

  23. i just came from vacation and resume to work last aug 26. they computed my salary like this.

    salary/30*5=my salary

    but there is 31 in august. my question is. is it right that they computed my salary in a standard way like that or they should pay me as per day since i worked for 6 days (August 26-31)?

    and also am i entitled in the 3 days holiday last EID even if im not here in DOHA?

    thanks

  24. THANKS

  25. Yaser Soltan Mahmoud

    Good day,

    My manager have let me work all official Eid holiday (company’s official days off were from 23-09-2015 to 29-09-2015) in addition of weekends for two successive weeks nonstop without any financial compensation, please advise if I am entailed to any financial compensation for working this period under Qatar law.

    Regards and thanks
    Yaser Soltan

  26. let me know service benifit scheme?

  27. Vivek kedia

    I am working for a construction company and they’re deducting thecsalary for reporting late to office so please can you tell me what are basis of deduction. Is it on complete salary including housing travelling and special allowances or onto basic salary only.

  28. ibadur rehman

    Dear sir. I am working in company from 2000. Last month I am resin. Company will pay eos 21 days or 30 days as per Qatar law how much I calculate my eos.
    Pleas give me accurate reply

  29. As i came back from my first annual vacation to complete another 10 months of my 2 year contract,please let me know if i cancel after completing my 2 year contract is i am eligible for leave salary with final settlement,

    please confirm

  30. Irfan

    How to calculate leave salary in qatar now

  31. Nelly Agtoto

    Hi Sir,

    Just a query is there any possibility to have limit of working hours especially in Sales like Malls. Their timings is out of human right e.g 4 pm to 1 am sometimes up to 3 am consider they have also family especially marriage woman.

    Best Regards,
    Nelly

    • Anwar Kipngetich Onsongo

      Wanted to know if the past years i have worked with my company will be included during the gratuity payment after the new kafala laws

  32. Solomon George

    My wife worked in Hamad Medical Corporation for more than 27 years. She has a contract signed in the year 1988. The end of service benefits for working more than 10 years is two months final basic salary for each year of service and pro rata.
    The settlement she received is only for 10 years
    Please advise.

  33. Keerthivas Tamilarasan

    Hi Sir/Madam
    Ive From India. Finished MBA and got a job here in doha as Office Administrator. But Im serving tea to the GM, attending phone calls, checking water cans etc etc.. its not fair being working here. I want to work upon my capability. Wages are also low. Its not enough to send my family. Ive a idea of going to Dubai and find a right job on my own. I need to go India and from there I will take visit visa to Dubai and process accordingly.

    The thing I want to know is, From my conpany will they ask any money if Im resiging in 6 months, or they have rights to not allow me ?

    Please help on my Query.

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