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Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Lawyer
Hello sir . My name is syed. I am working in...
Hello sir .
My name is syed. I am working in qatar in a company. I decided to change company and so I went ahead with the adlsa process and I got a approval message from adlsa for new company but later my present company convinced me to stay in company.
So I changed my decision and stayed with old company.
But now my new company somehow managed to get my qid transferred with out me joining and without employment contract signed and so I officially resigned from that company as to come back to my first company but that new company isn't accepting my resignation.
My previous company has started a new application with adlsa for change of sporsor again from new to old company .
Now my new company is warning me that they will go to CID and book an absconding case as I haven't joined the company as they my qid sponsorship.
Sir , can you tell me how can I defend myself if there is an absconding case .
I have requested the new company to accept the resignation multiple times but they are rejecting it and saying they want me to join and sign the employeement contract and that later they will also cancel that application for that sponsorship change from.new to old .
Please let me know what can I do in this case
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إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that according to the Qatar Labor Law, the work termination states the below:
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. 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 Also, the law, the employer can’t terminate you during the leave as this is arbitrary dismissal and the employer shall pay compensation to the worker, as below article states: Article 85 An employer may terminate the services of a worker who fails to report back to work after exhausting all sick leaves provided for in Articles 82, 83 and 84 hereof. In this case the worker shall be entitled to severance pay as stipulated in this Law. Also, it is not allowed to notify the worker about the contract termination if the notice period finished during these leaves.
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. 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 Also, the law, the employer can’t terminate you during the leave as this is arbitrary dismissal and the employer shall pay compensation to the worker, as below article states: Article 85 An employer may terminate the services of a worker who fails to report back to work after exhausting all sick leaves provided for in Articles 82, 83 and 84 hereof. In this case the worker shall be entitled to severance pay as stipulated in this Law. Also, it is not allowed to notify the worker about the contract termination if the notice period finished during these leaves.
إسأل Attorney
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
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