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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
I am Amjad Hossan, a citizen of Bangladesh. I live...
I am Amjad Hossan, a citizen of Bangladesh. I live in Qatar regularly since May 08, 2010. I have completed 9 years working for my first company. Then I worked at Sahara Contracting Company from June 1, 2019 to July 23, 2020. After completing one year of my service. I applied to the company to go on vacation in the country and pay off six months arrears. The company has a bank statement (WPS) to pay my salary. He ordered me to go on vacation in the country without six months outstanding salary. But after 11 long years, I have not agreed to go to the country without my six months outstanding salary. I have made numerous requests to pay my arrears. The company told me, I don't have money, I'll pay your arrears later. Then the company orders me to move to another new company. I follow the company's instructions, and arrange another new company. He gave me the necessary documents to go to the new company. I apply it online on July 19, 2020. Online application request id: EC-200719-55582. Then on August 24, 2020, I ask him about my six months arrears. Because of that, he make escape report about me to Criminal Evidences and Information Department. My application for a change of employer was therefore rejected. Then I went to the criminal Evidences and Information department. His Excellency the judge, in court, verified the evidence of all my information. The court found my all information correct and give judgment in my favor. His Excellency the Court acquitted me of the charge of absconding. In the my escape report case number 1307/2020. After getting rid of my runaway case, I got a job at a new company. I have not had any income for the last nine months (Six months unpaid salary and three months waiting in the room). I am having trouble eating and renting the room. I am the only source of income for my family. My elderly parents are having problems with lack of money for food and medicine. My wife will probably leave me because i can't pay the expenses. In this case, I feel very depressed. I kindly request you to help me join the new company. That will benefit me and my family. I have lived in Qatar for a large part of my life. This country is now my second homeland . I love this country very much. Because of this love I want to live here. So please give me a opportunity to live in my second home country Qatar.
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إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
We would like to inform you that regarding to wages, the law has provided them with legal protection, which must be paid to the worker in accordance with 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.
According to the Residence Law:
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.
Article (22)
The Minister or his representative may authorize the temporary transfer of a Foreign National laborer to another employer in the event of a legal suit existing between the Foreign National and his Recruiter, on the condition that the Ministry of Labor and Social Affairs agrees, as regards the laborer who is subject to the referenced Labor Law.
The Minister or his representative may authorize the transfer of a Foreign National laborer who is not subject to the referenced Labor Law to another employer if proven that the Recruiter was abusive, or if required by the general welfare.
For the same reasons, with the consent of the Minister or his deputy, upon the application of the applicant for employment and the approval of the Ministry of Labor and Social Affairs, the arrival shall be transferred to another employer.
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 don't need NOC and you maybe get the permission to change the employer by the Ministry of Labor and Social Affairs
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.
According to the Residence Law:
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.
Article (22)
The Minister or his representative may authorize the temporary transfer of a Foreign National laborer to another employer in the event of a legal suit existing between the Foreign National and his Recruiter, on the condition that the Ministry of Labor and Social Affairs agrees, as regards the laborer who is subject to the referenced Labor Law.
The Minister or his representative may authorize the transfer of a Foreign National laborer who is not subject to the referenced Labor Law to another employer if proven that the Recruiter was abusive, or if required by the general welfare.
For the same reasons, with the consent of the Minister or his deputy, upon the application of the applicant for employment and the approval of the Ministry of Labor and Social Affairs, the arrival shall be transferred to another employer.
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 don't need NOC and you maybe get the permission to change the employer by the Ministry of Labor and Social Affairs
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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