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Employer flouts agreement.

By Nizar Kochery/Doha QUESTION: I work with a construction company. I took up the post through an overseas employment agent designated by my country's officials four months ago. But my salary and other benefits were less than what had been agreed with the agent in my country. It was originally agreed that the company would pay me QR1,200 a month, bonus and free food but instead I receive a monthly salary of QR1,000. I have the copy of the agreement which mentions that the salary would be QR1,200 and refers to other benefits as per Labour law. What is the percentage of the salary that is given as bonus as per Labour Law? When I asked the company management about the discrepancy, they refused to accept my claim. Please let me know what action can I take and what the solution is to the problem. If the company terminates my service over this, it is fine with me. RD, Doha ANSWER: Seek amicable settlement with the company, and in case no amicable solution is reached, submit a complaint with the Labour Department claiming due salaries, provided that all papers, contracts and agreements are submitted to the department in Arabic. The Labour Department will obligate the employer to pay the agreed salary and if not settled the dispute may be referred to the competent court. There won't be any ban or penalty on reasons of approaching the Labour Department or court. Qatar Labour Law does not contain provisions in respect of bonuses. Rights for gratuity Q: I am with a trading company in Doha. After two years and seven months of service, my employer has informed me that my services with the company are no longer required because of reduced number of projects. Does Qatar's Labour Law or civil law provide for the service pay calculation of a worker under indefinite-term contract where the employer decides to terminate worker services with a company on no work? What if the company retrench workers? How will the gratuity be calculated? After leaving without cancelling my visa, can I transit Qatar to go to Australia? EG, Doha A: The worker is entitled to receive gratuity as per Article 54 of the labour law. According to its provision, a worker who has completed a period of one or more years of continuous service shall be entitled to end-of-service gratuity pay on the termination of his employment. The gratuity pay shall be calculated minimum at the rate three weeks per year in the absence of better terms agreed with the employer. The process of transit through Qatar is an ordinary procedure made by the airlines in co-ordination with the airport authorities, and the traveller does not need any procedures related to a visa as long as he will stay in Doha Airport for transit only. Expiry of job contracts Q: I have been working with a private company for a year and two months. I want to resign now. I gave my resignation on December 12 but my contract specifies a three-month notice period. Since I did not take my annual leave and did not receive flight tickets as stated in my contract, I offered to work for one month and gave up my gratuity and the tickets just to leave immediately. But the employer has refused to accept this. What can I do now? And what are the consequences if I leave the country without a no-objection certificate? Will it affect my future employment in the GCC area if I am willing to work in any other country? UU, Doha A: The contract shall expire only upon the expiry of the notice period and as per Labour Law, the employment contract will be in force throughout the notice period. The employee shall be eligible to receive his salary for such a period at the rate of the last salary received. The employee is also obliged to work during such period if the employer asks him to do so. Accordingly, worker should complete his notice period, unless his employer agrees otherwise. Purpose of No objection certificate is to overcome the re-entry ban in Doha. As per Sponsorship Laws, expatriate workers are allowed to come back to Qatar to take up job with another company only after a two-year gap counted from the date of departure of a worker. Exit from Doha without obtaining NOC will not stop you from entering any other GCC countries. Provisions of maternity leave Q: I have been working with a construction company, having a Labour Card from the Labour Department. During my service so far I have not availed of any maternity leave. If I use my 45 days' maternity leave, will my annual vacation be affected? My company will deduct the maternity leave from my annual leave while the labour law says that maternity leave will not affect the other leave periods. FT, Doha A: As per Article 96 of the Labour Law, a working woman having a period of service not less than one year will get a full rate payment for 50 days, including the period preceding birth and after that, provided that the period following the delivery shall not be less than 35 days. If the remaining period of leave after delivery is less than 30 days, complementary leave may be granted from annual leave. After the 50 days, the working lady may be absent with no pay for a period not exceeding 60; whether continuous or not, if such absence is caused by sickness proven by a medical certificate duly attested. Also, the law states that such leave should not be calculated or covered by the annual leave or otherwise. Please send your questions by e-mail to: leges@qatar.net.qa * LEGAL SYSTEM IN QATAR The employer shall schedule the annual leave and the leave can be divided into maximum of two periods with consent of the employee. Carry-over of half of the annual leave to the next year is permitted upon written request of worker. The employee must avail annual leave and any agreement relinquishing the same shall be considered null and void. Employee is entitled to receive cash payment against the leave, equal to the days of such leave, if the contract is terminated for any reasons before the leave period is utilised. Upon completion of three months from the date of joining service, the employee is entitled to sick leave with pay for each year of his service. Medical certificate of a physician accepted by the employer is required. The employee shall be entitled to full payment for sick leave not exceeding two weeks. If it extends beyond two weeks, the employee shall receive half the salary for the next four weeks. Leave exceeding this period will be without pay, till work is resumed or the employee resigns or is terminated. Employee's service can be terminated upon completion of the 12th week of the sick leave, if proved by a medical report issued by a physician that the employee is unfit to perform duties. If the employee resigns on medical grounds and submits proof from a medical authority before the end of the six weeks, he shall be entitled to a paid sick-leave for the period and the employer shall pay the balance amount. This provision will also apply in cases of death due to disease, before six weeks. The 12 weeks sick-leave will not affect the end-of-service benefits. Once in service, Muslim employees are entitled for a special leave of 20 days without pay to perform the Haj. It is the discretion of the employer to grant the Haj leave, depending upon the exigency of work and giving priority to long-serving employees. Taking up employment with other employers during their leave is illegal and if proved that the employee has violated this stipulation, the employer may suspend the salary for that period of leave and is entitled to receive the amounts paid before leave. Termination of services including notice of termination during leave periods is prohibited. Also the employer may not inform employees that their contract is terminated if the notification period ends during any of these leave.

Gulf Times Newspaper 2012

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Publication:Gulf Times (Doha, Qatar)
Geographic Code:7QATA
Date:Jan 18, 2013
Words:1372
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