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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

Good evening Sir. I have a question. I am Marilou....

تم تقييم هذه الإجابة:
Good evening Sir. I have a question. I am Marilou. I was working as a tailor for an RTW luxury boutique. I worked there for almost 6 years. I got terminated because I had a violation. It's because we have some clients who asked me to go to their house to do their dresses some alteration after my work. They terminated me without warning and they don't want to give me my gratuity. They are even holding my passport and want me to go home right away. Is this still lawful, Sir?

إطرح سؤالك

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 labour law,
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.
Note that the sponsorship system is not in use in Qatar anymore as according to the below article:
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

الرد من العميل

I am a pilipino. I have violated the contract by working outside. Is this enough ground not to give me my gratuity and notice?

الرد من العميل

They don't want to give me my passport also as.

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Consequently, the violation by the worker for any item of the aforementioned article shall be considered as a good reason for terminating the work by the employer without the need for prior notice.
This is confirmed by the article (61)
The employer may dismiss the worker without notice and without payment of the end of service gratuity in the following instances
1. If the worker assumes a false identity or nationality or submits false certificates or documents.
2. If the worker commits an act which causes gross financial loss to the employer provided that the employer shall notify the Department of the incident within twenty four hours from the time of his being aware thereof.
3. If the worker violates more than once the written instructions of the employer concerning the safety of the workers and the establishment despite his being notified in writing of the violation provided that these instructions shall be written and posted up in a conspicuous place.
4. If the worker fails more than once to carry out his essential duties under the service contract or this law despite his having been notified in writing thereof.
5. If the worker discloses the secrets of the establishment where he is employed.
6. If the worker is found during the working hours in a state of drunkenness or under the influence of a drug.
7. If the worker commits an assault on the person of the employer, the manager or one of his supervisors in the work during the work or by reason thereof.
8. If the worker repeats his assault on his colleagues in work despite his being warned in writing thereof.
9. If the worker absents himself from work without legitimate cause for more than seven consecutive days or fifteen days in one year.
10. If the worker has been finally sentenced for a crime involving immorality or dishonesty.
Therefore, if the above is achieved, the worker is not entitled to any remuneration or even compensation under the Qatari Labor Law

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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