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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

I was terminated my employer 1week ago. verbally...

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I was terminated my employer 1week ago. verbally telling me. he said before i get NOC i need to pay 5000qr. i said to him i dont resign you are the one terminated me. He said i need to pay 5000qr because of bringing me her in qatar. i am direct hired. what should i do?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
qatar
Lawyer's Assistant: Has anything been filed or reported?
No. only my company and me. knows about it. they said i dont get any gratuity because i dont finish contract. i work in the company 1year and 5months. is it true that they cant give me any gratuity of my period of work
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
he terminated me because according to him they need to reduce reborers coz of no projects coming in construction site. I am general clener for 1year and 3months then he transferred me to office as a admin assistant.

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

According to the Qatari Labor Law, first, we advise you to stay at your job, and if the employer ask you to resign he shall be deemed an arbitrary dismissal. The employer shall pay compensation to the worker, where the law regulates termination in the text of the 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.
However, the sponsorship system in the country is no longer applied and the relationship has become related to the nature of the contract signed between the worker and the employer and also to the law regulating the entry of expatriates to Qatar, thus, in reference to article 21 of the same law, it states that:
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.
**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.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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