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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Hello madam! I have a problem with my family in my...

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Hello madam! I have a problem with my family in my home country and I wanted to get an emergency leave from my company here in Qatar, but my boss won’t let me. Can you help me with this?
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Nuaija 44, Doha.
Lawyer's Assistant: Has anything been filed or reported?
Not yet.
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
I’m working here for 5mos and 3days now, under probitionary period. Is it possible to ask for an emergency leave when one of the family members is in critical condition? I really wanted to go home and see what happens to my mother. She’s ill and always asking for me.

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Qatari Labor Law, there is no emergency leaves, as for travelling that requires NOC from the employer, otherwise you can't travel.
For the leaves, it is stipulated in the law as below:
Article (79)
The worker who has completed one continuous year in the service of the employer shall be entitled to an annual leave with the pay provided for in Article (72) of this law. This leave shall not be less than three weeks for the worker whose service is less than five years and four weeks for the worker whose service is more than five years.
The worker shall entitled to a leave for the fractions of the year in proportion to the period of his service.
Article (80)
The employer shall fix the date- of the annual leave for the worker in accordance with the work requirements and may divide the leave with the consent of the worker provided that the division shall not be into more than two periods.
The employer may on a written application of the worker postpone not more than half of the annual leave to the year following the year of its entitlement.
Article (81)
The worker may not waive his entitlement to the annual leave and any agreement to the contrary shall be void.
The worker shall be entitled to payment in lieu of his annual leave equivalent to his wage for the leave days to which he is entitled if the contract is terminated for any reason before the worker takes his leave.
Article (82)
The worker shall be entitled to a sick leave with pay for every year of the years of his service. This sick leave shall not be granted unless after three months from the commencement of his engagement for the first time provided that the worker proves his sickness by a certificate from a physician approved by the employer.
The worker shall be paid his full wage if the sick leave does not exceed two weeks. If the sick leave extends thereafter the worker shall be paid half of his wage for other four weeks. The extension of the sick leave thereafter shall be without pay until the worker resumes his work or resigns or his service is terminated for health reasons. The service of the worker may be terminated at the end of the twelfth week of the sick leave if it has been proved by a report’ issued by the competent physician that the worker is unable to resume his work at that time.
If the worker resigns from the service due to the illness and with the consent of the competent doctor, before the end of the six weeks that the worker is entitled to as paid sick leave, the employer shall pay the remaining amount
This also applies to death due to illness before the end of the six-week period.
The previous provisions shall not prejudice the right of the worker to whom they may be entitled to remuneration for the period of service, nor shall the worker's entitlement to sick leave for twelve weeks be considered to be conclusive for the duration of his continuous service.

الرد من العميل

If there’s no emergency leaves, is it possible to ask for cancellation of my visa? Since it’s urgent family matters. Do I need to pay my employer for that? Like my QID, I still have 6mos and few days left.

الرد من العميل

If there’s no emergency leaves, is it possible to ask for cancellation of my visa? Since it’s urgent family matters. Do I need to pay my employer for that? Like my QID, I still have 6mos and few days left.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to the Qatari Residence Law and with regard to canceling the visa, whoever has the right to cancel it is the sponsor or the employer and the worker may not cancel it himself and according to the Qatari Labor Law, the termination of work is legally regulated according to the following legal provision in 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.

الرد من العميل

Thank you so much!

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We are glad to contact you in the legal department

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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