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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

hi

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hi
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Doha, Qatar
Lawyer's Assistant: Has anything been filed or reported?
no
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
no

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Sir,
Welcome, and thank you for trusting us
Please sir, ask your question clearly and in details, so we can help to answer you legally.
We are always delighted to communicate with you, and you can always consult many experts on Jawabkom; as doctors, nutritionist, engineers, and others.
Kind Regards

الرد من العميل

Hello Sir,Series of questions; let me put the situation first, with a valid fixed-term contract in hand if the Employer requests to sign a new contract following an amendment to its name due to the change of local partner, 1. Whether the existing fixed-term contract becomes invalid?2. Post signing the new contract, it will become binding only after the stamping of relevant authority of Qatar; meanwhile, whether the existing contract remains effective or not?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again!
In accordance with the Qatari Labor Law, the first contract of employment shall remain in force. The sale of the establishment or the company shall not mean the cancellation of the contract and the modification of the employer's name. The contract of employment of the new employer shall be transferred as it is and we shall not recommend signing a new contract for purposes of calculating the period of service in the previous contract and this is not possible with the signing of the new contract and the loss of labor rights.
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Kind Regards,

الرد من العميل

Thanks for your answer, sir. It is indeed very helpful.The situation is I have a fixed term contract and the Employer terminated it before end of term; soon after realizing the breach and end of service entitlement the Employer retracted the termination,Subsequently, the Employer created a new situation that due to change in local partner the original contracts are illegal and the employee needs to sign new contract with amendment in company name, however tried to obtain my consent of changing contractual condition from fixed term to unlimited term to enable themselves opportunity to terminate my contract, which I denied stating original conditions and commencement dates should be maintained on the new contract as wellNow, what should be the right step if the Employer denies in maintaining the original conditions of contract?Secondly, the Employer also emphasizes on taking unpaid leave, and I don't agree to this as well. I am willing to continue my service as per fixed term contract. What should be the appropriate step or answer if the Employer forces to take such unpaid leave and prevent us from working?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again!
It is possible to follow what we explained to you in the previous answer and refuse to sign a new contract as the work party stipulated in its contract on the non-eligibility of cash allowance for leave, this is contrary to the law and therefore the condition is void because it cannot agree on the violation of the law
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.

الرد من العميل

The 2-year fixed term was changed to an unlimited term contract. This is because, as you were told the past year, the Visa is to be associated to the employment contract. In that case, in order to request your Visa, it was necessary a 2-year fixed term contract. Now that you have a QID we must associate it to an unlimited contract.This is what company sent me on email. Is it true or are they misleading me?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that the visa is a sticker for the passport and therefore the loss of the visa or loss means losing the passport. So, you should go first to the nearest police center and notifying this loss of passport immediately and then go after obtaining the loss report signed from the police department to the embassy of the state which you follow and then submitting an application for issuing a new passport instead of the lost one. Attaching with the application personal evidence in the event of the issuance of a new passport then go to the Immigration and Residence in order to transfer visa data.
If you have another question, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again!
We would like to inform you that that is untrue as even if the contract is limited or unlimited then you get the ID, as the Qatar ID granted for both limited and unlimited, and what the company said is untrue.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
We are delighted to answer your question, worth to mention that you can also consult our experts on Jawabkom, as Doctors, Nutritionists, Engineers, and the list never ends
Kind Regards,

الرد من العميل

Good evening Sir,One query, if the Employer seeks to terminate fix term contract for its convenience and proposes a good negotiation, what documents shall be obtained for a complete clearance? And What if the employer cancels the Q-Id, after how many days I can return to Qatar or take up an employment in Qatar?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Welcome again!
We would like to inform you that according to the Qatari Labor Law, the sponsorship is not applied anymore there and it is cancelled then the relation between the employer and the worker is according to the work contract.
Article 21:
The employer, the Competent Authorities, and the Ministry of Labor and Social Affairs may agree to transfer the Foreign National laborer to another employer before the time limit in the contract has been reached or after five years of working for the employer if the contract did not specify a time period.
The Foreign National laborer may, with authorization from the Competent Authorities and the Ministry of Labor and Social Affairs, transfer to another employer in the event of the Recruiter’s death or dissolution of the body corporate for any reason.
In all cases, the employer serving as the Recruiter shall not have his legal rights, or the contract between him and Foreign National, violated, in accordance with the referenced Labor Law.
The aforementioned article organized the cases of which the employee can transfer to another company as follow:
• With an approval from the employer (Whatever the contract is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer
Therefore, you can transfer if your employer agreed then you have to submit your resignation or it may result in depriving you from entering the country once again for a year.
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,

الرد من العميل

Thanks for your helpful answer sir. Only to understand it clearlyThe actual situation is I have a 2 year fixed term contract, 11 months completed and now the Employer seek to terminate it for his convenience and offers to pay up a good negotiationIn this case if I accept the termination, then as per your explanation I couldn't return to get an employment for next one year or the scenario would be different in this case?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Dear Customer,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the Qatari Labor Law, it is considered arbitrary dismissal and you can file a complaint, but it is better to bring medical report as the matter happened outside the work. So we advise you to file a complaint and bring medical report as the law states the below:
Article (49)
If the service contract is of an indefinite 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 :
A) If the period of service is less than one year the notification period shall be at least one week.
B) If the period of service is more than one year and less than five years
C) The notification period shall be at least two weeks.
D) If the service period is more than five years the notification period shall be at least one month.
If the employer terminated the contract without considering these periods, then he shall pay compensation as the worker wage for the notice period or the rest of the contract.
The below article determines the cases that allow the employer to terminate the worker without notice or any rights:
Article (61)
The employer may dismiss the worker without notice and without payment of the end of service gratuity in the following instances
1. If the worker assumes a false identity or nationality or submits false certificates or documents.
2. If the worker commits an act which causes gross financial loss to the employer provided that the employer shall notify the Department of the incident within twenty four hours from the time of his being aware thereof.
3. If the worker violates more than once the written instructions of the employer concerning the safety of the workers and the establishment despite his being notified in writing of the violation provided that these instructions shall be written and posted up in a conspicuous place.
4. If the worker fails more than once to carry out his essential duties under the service contract or this law despite his having been notified in writing thereof.
5. If the worker discloses the secrets of the establishment where he is employed.
6. If the worker is found during the working hours in a state of drunkenness or under the influence of a drug.
7. If the worker commits an assault on the person of the employer, the manager or one of his supervisors in the work during the work or by reason thereof.
8. If the worker repeats his assault on his colleagues in work despite his being warned in writing thereof.
9. If the worker absents himself from work without legitimate cause for more than seven consecutive days or fifteen days in one year.
10. If the worker has been finally sentenced for a crime involving immorality or dishonesty.
If you have another question related with our section, feel free to ask us and we will answer with pleasure.
I hope my answer was helpful, please let me know if you have any follow up questions. If you feel I've answered your question already, please rate my answer from top of the page. Your feedback helps to ensure only the best experts are available to help you.
You can also ask questions of our other specialists in the areas of nutrition, therapists, IT specialists, doctors, and many more.
Kind Regards,

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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