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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

About my employment in Qatar

تم تقييم هذه الإجابة:
About my employment in Qatar

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إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Kindly, could you clarify your question in details so we could help you legally better with pleasure.

الرد من العميل

I submit my resignation in my current company now stating that I have got an offer letter in other company. As my current company we are experiencing 4 month delay of salary. But the owner reject my resignation letter and refused to give me an NOC

الرد من العميل

What is the reply

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, the Ministry of Labor and Social Affairs shall have the jurisdiction to submit the complaint. Therefore, the complaint must include all that you mentioned in your inquiry for purposes of summoning and investigating with the sponsor and forcing him to pay the rights as stipulated by the law, Where the law provided legal protection for wages, which must be paid to the worker according to the legal text:
Article 65
The Worker shall be entitled to the wages specified in the service contract and if the contract does not specify the wage the worker shall be entitled to the wage specified in the work regulations.
If the wage is not specified in accordance with the preceding paragraph the worker shall be entitled to a wage equivalent to the wage specified for work of a similar type in the establishment and otherwise in accordance with the custom applicable to the profession in the place of performance of the work and if there is no such custom the judge shall specify the wage in accordance with the requirements of justice.
Article (66):
The wages and other sums to which the worker is entitled shall be paid in the Qatari currency. The wages of the workers employed on an annual or monthly wages shall be paid at least once in every month. The wages of all other workers shall be paid once at least every two weeks. The wages shall be paid to the worker himself within the working day’ and during working hours in the usual place of work or any other place to be approved by the Department and may be transferred to the account of the worker with the bank to be agreed upon by the two parties or paid to the attorney appointed by the worker in writing.
The employer shall not be relieved from his obligation to pay the wage due to the worker unless he has actually transferred it to the bank or the worker or his attorney has signed in acknowledgement of the receipt thereof in the register or receipt prepared for this purpose provided that the said documents shall include the details of the wage.
So, you can file a complaint in the labor office to get your dues, the law grants you the right to terminate the work without notice as below
Article (51)
The worker may terminate the service contract before its expiry date if the contract is of a definite duration and without giving reasons for the termination if the contract is of an indefinite duration and retains his full right to obtain the end of service gratuity in the following cases:
1. If the employer commits a breach of his obligations under the service contract or the provisions of this law.
2. If the employer or his responsible manager commits a physical assault or immoral act upon the worker or any of his family member.
3. If the employer or his representative has misled the worker at the time of entering into the service contract as to the terms and conditions of the work.
4. If continuance with the work endangers the safety and health of the worker provided that the employer is aware of the danger and does not take the necessary steps to remove it.
The ministry may grants you the permit to change the employer without the requirement of NOC.
If you have another question, feel free to ask us and we will answer with pleasure.

الرد من العميل

I’m going to file the complain using article 51 paragraph 1. Do I have to report to office after lodging my complaints them?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

The complaint can be submitted to the Ministry of Labor and Social Affairs, which is the one who follows up the matter with the work authority for legal treatment of it

الرد من العميل

Do I need to report to work still in the company I will complain?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Yes, it is possible to stay at work until the complaint is evaluated, accepted and decided until there is no justification for the work authority to report about you absconding, which results in the ban for you.

الرد من العميل

I filed a complaint and submit all requirement to the labor but I saw now the result in adlsa.com my ck kami.

الرد من العميل

I filed a complaint and submit all requirement to the labor but I saw now the result in adlsa.com my the status is null. Is this mean my company agree to give me NOc and give all my financial claim. As I didn’t receive any call from the labor ministry. What I will do now?

الرد من العميل

When I file my complain next day the labor ministry called me and he told me that I submit my financial complain and the NOc the new company will give for me. Then I submit all requirement but I didn’t received any update

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Yes, this means giving you a no-objection, so the verification can review the business and inquire about the matter

الرد من العميل

Thank you for the information

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We are always happy to contact you in the legal department

الرد من العميل

Good morning Sir. I have now an NOC from my new company as the ministry of labor told me to get an NOC from my new company, I don’t know what I will do for this as my current company just keep silent and not talking to me. Do I need to send this to the labor ministry ?

إجابة الخبير: Waleed Al-Helo

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%


Moreover, the sponsorship is not applied anymore there and it is cancelled then the relation between the employer and the worker is according to the work contract.
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 is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer
Therefore, you can transfer if your employer agrees then you have to submit your resignation or it may result in depriving you from entering the country once again for a year.

الرد من العميل

Hello Sir, I have a problem how to compute the EOS if in the first year and half my basic is 4,200 from May 2018 to March 2020 after that they reduce my basic to 3,000 what would be then from April 2020 until sept 13, 2020 my last day. The company computed all using the 3,000 basis. Is there any labor provision for this? Pls help me .

الرد من العميل

Is that correct the they used my reduce basic wage to compute including my previous years of service?

إسأل Lawyer

Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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