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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hello I had a query regarding my labor contract.
Hello I had a query regarding my labor contract.
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?
Nothing has been filed or reported.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes. I've recently moved to Doha on a work visa - it's an unlimited contract to be precise. I'm on my probation period currently which is for a total duration of 3 months, one month is complete. There were a couple of things I wanted to discuss. Firstly, the company I work for did not inform me that I would have to sign my labor contract in India, when I reached the Qatar Visa Center, I was told that the visa category was that of a Cook & that I'd have to sign on some documents that made me acknowledge & accept this. When I checked with the company they claimed this was temporary and that as soon as I arrived it would be changed. I was also under the impression that a formal contract would be signed between us and a copy would be given to me. No such copy has been given to me till date and my visa category has not been changed either. After a few weeks, this started to worry me and I got the HR manager to give me a signed document on the company letterhead stating that my designation would be changed. Now the whole company's senior and management employees are treating me in a derogatory manner. It's been only 1 month and they seem to be finding one flaw after the other in all that I'm doing. I wish to understand what my options are, as the internet is filled with mixed messages and misinformation. a) While I'm in the notice period, can I switch jobs or not? If so, I'd like to search and find myself another job where I'm treated better. b) Will there be a ban if I cancel my contract or if the company cancels my contract without the completion of a year ? The same question, if it happens before the end of the contract, but after a year ? c) Do I need an NOC ? Almost all companies seem to have this as a mandatory requirement even now.
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that according to the Qatar Labor Law, the work termination 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
E) be at least one month.
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 type is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer
Also, the law, the employer can’t terminate you during the leave as this is arbitrary dismissal
An employer may terminate the services of a worker who fails to report back to work after exhausting all sick leaves provided for in Articles 82, 83 and 84 hereof. In this case the worker shall be entitled to severance pay as stipulated in this Law.
Also, it is not allowed to notify the worker about the contract termination if the notice period finished during these leaves.
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
E) be at least one month.
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 type is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer
Also, the law, the employer can’t terminate you during the leave as this is arbitrary dismissal
An employer may terminate the services of a worker who fails to report back to work after exhausting all sick leaves provided for in Articles 82, 83 and 84 hereof. In this case the worker shall be entitled to severance pay as stipulated in this Law.
Also, it is not allowed to notify the worker about the contract termination if the notice period finished during these leaves.
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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