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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Ok am currently working at a five star hotel in...

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Ok am currently working at a five star hotel in Doha,on Sunday night my roommate assaulted me which led to bodily injuries now hr want to terminate me and I was the one assault and for him the say he will be suspended and I have prove of physical assault
Lawyer's Assistant: Where are you located? It matters because laws vary by location
I work at Doha but love in our accomodation in ummasalal
Lawyer's Assistant: Has anything been filed or reported?
I asked for an ambulance that night which they decline to avail
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Yes I have photos of my face how I was assaulted and my blood covered shorts

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If your inquiry is about occurrence of a physical assault from your roommate, and the employer stopped you from working, find the following information:
The Qatari Labor Law has granted the employer the right to suspend the worker for a period of no more than five days ONE time, if the worker commits an administrative offense.
You have to review the hotel's penal regulations in order to ensure that the penalty for stopping from work is the penalty that is imposed in case of physical assault among workers happen.
If this penalty is not stipulated in the penal code, you can file a complaint to the employer first, explaining that your colleague was the one who physically assaulted you and that you are the victim and the punishment of suspension is unfair.
If the employer refuses to respond to your request, you can file a complaint at the Ministry of Labor
Labor Law stipulates in its article
Article 59
The disciplinary penalties which may be inflicted on the workers are:
1. Notification, which shall be deemed to have been achieved by a written letter to the worker containing a notification of the violation he has committed and requesting him not to repeat the commission thereof and warning him of the infliction of a severer penalty in case of repetition.
2. Deduction from the wage of the worker for a period not exceeding five days in respect of one violation.
3. Suspension from work together with non-payment of the wage for a period not exceeding five days in respect of one violation.
4. Suspension from work without payment or with reduced payment pending the adjudication upon the criminal charge attributed to the worker and if the worker is acquitted or if the charge against him has been dropped the suspension shall be deemed to have never taken place and the worker shall be paid his entitlements during the suspension period.
5. Postponement of the grant of annual increment for a period not exceeding six months or the non-payment therefrom in the establishments which maintain increments systems.
6. Postponement of promotion for a period not exceeding one year in the establishments which maintain promotion systems.
7. Dismissal from work with payment of the end of service gratuity.
8. Dismissal from work and non-payment of the end of service gratuity.

الرد من العميل

But I am the victim who haa been assaulted physically and am the one being terminated while the one whom assaulted me is only suspended

الرد من العميل

That's my question

الرد من العميل

I was assaulted physically and I have the photos but I didn't fight back

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If you are the victim and the employer denies you, you have been fired and the other person has not, you can file a complaint at the Ministry of Labor against the employer because of arbitrary dismissal
In order to file the complaint at the police about the incident, in addition to getting and submitting a copy of the medical report about the injury that occurred to you due to physical assault that you suffered from your roommate.
The Ministry of Labor then will investigate your complaint and give the appropriate decision.
Article (64)
A worker shall, before his recourse to the competent tribunal, appeal to his employer against the penalty inflicted on him within seven days of being aware of such penalty. The appeal shall be decided upon within seven days of its submission. The appeal is considered rejected if this period lapses.
In the event of rejection of an appeal or if it is not decided upon within the above period, the worker may appeal to the Department against the penalty inflicted on him with seven days of the date of rejection.
The Department shall decide on the worker's appeal within seven days of the date of the registration of the appeal. The Department's decision shall be final.
As an exception the worker may appeal against the penalty of dismissal from work to the competent court.
If the court decides that the dismissal is arbitrary or in violation of the' provisions of this law, it shall either annual the dismissal, orders the return the worker to his work and payment of his wages for the period he was not allowed to work in implementation of such penalty or payment of a suitable compensation. Such compensation shall include the wages and other benefits denied to him as a result of such dismissal.

الرد من العميل

Thank you so much sir for your advice

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

I am happy to receive your inquiry and reply to it

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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