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Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 97.8%

Lawyer

Hi good day Sir, I have a query regarding my past...

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Hi good day Sir, I have a query regarding my past company I was working since 2008 as a safety officer till 2017, after that I got a serious health condition and confined to the Hamad Hospital for 2 months. When I reported to my company they transfer me in procurement department for 1 year and this year 2019 last November my boss told me that he want me to terminate because there is no vacant position in my place and they want to hire a new. My question is why they want to hire for new one even that job I already know very well on what ground they forcing me to resigned.

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إجابة الخبير: Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 98%

We would like to inform you that if there a work you can handle in the company and proper your health status, even though the employer forces you to resign, then you have to differentiate between whether the contract is limited or unlimited. If it is limited then the employer shall comply the period of the contract and don’t have to pay compensation for the worker. If the contract is unlimited then the employer can terminate you if he notified you before 2 months, or he has to pay compensation equal to the notice period.


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

إسأل Attorney

Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 97.8%

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