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Waleed Al-Helo
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الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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My labor contract not showing working hour but I...
My labor contract not showing working hour but I worked 10 hours per day. And I received salary as shown my contracts. I am illegible for overtime ?
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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 according to the Qatari Labor Law, this is considered violation as the below articles state:
Article (73)
The maximum ordinary working hours shall be eighty four hours per week at the rate of eight hours per day with the exception of the month of Ramadan when the maximum working hours shall be thirty six hours per month at the rate of six hours per day.
The time spent by the worker in transportation to and from the place of work and residence of the worker shall not form part of the working hours.
The working hours shall include an interval or more for prayer, rest and taking of meals which interval or intervals shall not be less than one hour and shall not be more than three hours. The said intervals shall not be taken into consideration in calculating the working hours in fixing the rest interval but the worker shall not work for more than five consecutive hours.
The Minister shall by a decision specify the types of work in respect of which the work may continue without stoppage for the purpose of rest.
Article (74)
The workers may be required to work additional hours to the working hours specified in the preceding article provided that the actual working hours per day shall not exceed ten hours unless the work is necessary for the prevention of gross loss or dangerous accident or for the repair or alleviation of the consequences of the said loss or accident.
The employer shall pay to the worker for the additional working hours the rate of not less than the basic wage plus not less than 25% thereof.
The workers who work between 9pm and 6am shall be paid the basic wage plus not less than 50% thereof with the exception of the shift workers.
Article (75)
The worker shall be allowed of a weekly paid rest which shall not be less than twenty-four consecutive hours and Friday shall be the weekly rest day for all workers with the exception of the shift workers. If the circumstances of the work necessitate the employment of the worker during the rest day the worker shall be compensated for the rest day by another day, and shall be paid for working that day the wage payable to him for the ordinary weekly rest day or his basic wage plus an increase of not less than 150%.
With the exception of shift workers a worker shall not be required to work more than two consecutive Fridays.
The law allows the worker to terminate the contract 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.
Therefore, you can go to the Labor Office and file a complaint to get your rights and get the permit to change the employer without NOC. .
Article (73)
The maximum ordinary working hours shall be eighty four hours per week at the rate of eight hours per day with the exception of the month of Ramadan when the maximum working hours shall be thirty six hours per month at the rate of six hours per day.
The time spent by the worker in transportation to and from the place of work and residence of the worker shall not form part of the working hours.
The working hours shall include an interval or more for prayer, rest and taking of meals which interval or intervals shall not be less than one hour and shall not be more than three hours. The said intervals shall not be taken into consideration in calculating the working hours in fixing the rest interval but the worker shall not work for more than five consecutive hours.
The Minister shall by a decision specify the types of work in respect of which the work may continue without stoppage for the purpose of rest.
Article (74)
The workers may be required to work additional hours to the working hours specified in the preceding article provided that the actual working hours per day shall not exceed ten hours unless the work is necessary for the prevention of gross loss or dangerous accident or for the repair or alleviation of the consequences of the said loss or accident.
The employer shall pay to the worker for the additional working hours the rate of not less than the basic wage plus not less than 25% thereof.
The workers who work between 9pm and 6am shall be paid the basic wage plus not less than 50% thereof with the exception of the shift workers.
Article (75)
The worker shall be allowed of a weekly paid rest which shall not be less than twenty-four consecutive hours and Friday shall be the weekly rest day for all workers with the exception of the shift workers. If the circumstances of the work necessitate the employment of the worker during the rest day the worker shall be compensated for the rest day by another day, and shall be paid for working that day the wage payable to him for the ordinary weekly rest day or his basic wage plus an increase of not less than 150%.
With the exception of shift workers a worker shall not be required to work more than two consecutive Fridays.
The law allows the worker to terminate the contract 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.
Therefore, you can go to the Labor Office and file a complaint to get your rights and get the permit to change the employer without NOC. .
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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