إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Am working in a certain company here qatar as a...
Am working in a certain company here qatar as a truck driver, early this year my company hr told me to find drivers for him to fill the vacancy was available by that time.I get 4drivers and maki visas for them from kenya.After they come here one driver stay 4mnth without salary and make a case to labour court.another one 2mnth no salary he get emergency home he ask for 500qr advance to b deducted from his salary but company rejected the request.i dont know what go on i heard he have file the case tooo.Both of them go to labour court and labour court ordered company to pay them month they have been here n give ticket go back kenya.The 2guys already in kenya now company telling me they will cut 10000qr to my salary and they have stopped me work so i need to know where is my problem here??why does HR involved me with this issue? do i have a right as worker in this country??
إطرح سؤالك
إجابة الخبير: 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, states:
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 the notification period shall be at least two weeks.
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.
For the Residence Law, 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, 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,
Thanks for joining and trusting us, much appreciated!
We would like to inform you that according to the Qatari Labor Law, states:
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 the notification period shall be at least two weeks.
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.
For the Residence Law, 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, 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,
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين
المحادثات تتم ضمن هذه البنود
