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Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29458 | نسبة الرضا 97.9%

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I am terminated with in a 11 months work peroid...

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I am terminated with in a 11 months work peroid because of Corona situation, but I am not have corona and I am not done any mistakes still now... I don't like to leave the job any solution please

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إجابة الخبير: Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29458 | نسبة الرضا 97.6%

We would like to inform you that it is according to the contract type whether it is a limited or unlimited contract. 

The first case: If the service contract is of an unlimited duration 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 as follows:-

  1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination if the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
  2. In all other cases the notification shall be given in accordance with the following periods:
  3. A) If the period of service is less than one year the notification period shall be at least one week.
  4. B) If the period of service is more than one year and less than five years the notification period shall be at least two weeks.
  5. C) If the service period is more than five years the notification period shall be at least one month. 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.

The second case: if the contract is limited the worker may terminate the service contract before its expiry date if the contract is of a definite duration and without giving reasons for the termination if the contract is of an indefinite duration and retains his full right to obtain the end of service gratuity in the following cases:

  1. If the employer commits a breach of his obligations under the service contract or the provisions of this law.
  2. If the employer or his responsible manager commits a physical assault or immoral act upon the worker or any of his family member.
  3. If the employer or his representative has misled the worker at the time of entering into the service contract as to the terms and conditions of the work.
  4. If continuance with the work endangers the safety and health of the worker provided that the employer is aware of the danger and does not take the necessary steps to remove it.

If you left work legally, then the company has to grant you all your due wages and the end of services and tickets.
As the Qatari Labor Law states:
Article 54;
In addition to any sums to which the worker is entitled to upon the expiry of his service, the employer shall pay the end of service gratuity to the worker who has completed employment of one year or more. This gratuity shall be agreed upon by the two parties, provided that it is not less than a three-week wage for every year of employment. The worker shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment.
The worker’s service shall be considered continuous if it is terminated in cases other than those stipulated in article (61) of this Law and is returned to service within two months of its termination.
The last basic wage shall be the base for the calculation of the gratuity.
The employer is entitled to deduct from the service gratuity the amount due to him by the worker.

Article (57)
Upon termination of the service of the worker the employer shall at his cost return him to the place from where he has recruited him at the commencement of the engagement or to any place agreed upon between the parties.
The employer shall complete the proceedings of returning the non­-Qatari worker within a period not exceeding two weeks from the expiry date of the contract. If the worker joins another employer before his departure from the state the obligation to return him to his country or other place shifts to the latter employer.
The employer shall bear the costs of preparing the corpse of the deceased worker and the conveyance thereof to his country or place of residence upon the demand of his heirs.
If the employer does not repatriate the worker or his corpse after his death as the case may be the Department shall return the worker or his corpse at the cost of the employer and recover the said costs through the administrative means

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Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29458 | نسبة الرضا 97.9%

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