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Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 97.6%

Lawyer

Hi

تم تقييم هذه الإجابة:
Hi

إطرح سؤالك

الرد من العميل

Hello SirI am an expat of Indian Nationality currently working in Qatar as a Project Manager for a company since 13 years.My Name is Shailesh PatilCompany has provided me termination notice on 13 Feb 2021. They have given 1 month notice period and asking me to stop working on 10 March 2021 and they will cancel my Visa on the day. I have 2 dependents with me my wife and a 10 year daughter.Company do not want to give me a release to another company, they want to cancel my visa. In this case I am looking to process my visa with other company once I exit from Qatar and planning to come back Qatar with a new visa.I feel my company intends to block me to come back Qatar after cancelling my Qatar ID so that I will not come back to other company and this will avoid any threats to their business in Qatar.Sir, please advise if my current employer can block/black list me for taking up with other employer after cancellation of my QID and exiting to my home country?

الرد من العميل

Will be keenly awaiting for your swift advice

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Thanks for joining and trusting us, much appreciated! We welcome you to join us in the legal section

 It should be noted that after reviewing your inquiry and legal scrutiny we would like to inform you that the Employer may not terminate you arbitrarily. If the Employer does so, he shall pay a compensation to you in accordance with the provisions of the following Article of the Qatari Labor Code

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:-

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.

In all other cases the notification shall be given in accordance with the following periods:

  1. A) If the period of service is less than one year the notification period shall be at least one week.
  2. B) If the period of service is more than one year and less than five years the notification period shall be at least two weeks.
  3. C) If the service period is more than five years the notification period shall be at least one month. If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.

الرد من العميل

Dear SirThank you for the swift response.I have clarification about "In all other cases the notification shall be given in accordance with the following periods". What do all other conditions mean ? As the notice period is less for "all other conditions", I am in need to know the clear meaning of the same.Secondly my services with the current employer is from 18 feb 2008 which is more than 13 years, company has terminated me and want to cancel my visa with dependents. My contract with current employer was signed on 21 Dec 2020 & valid until 20 Dec 2021. The current employer is not ready to provide me release to join other company even if I have an offer from other company. With this scenario in order to get company transfer by staying within Qatar, please advise me the best way within my rights and contract conditions.Thanks in advance for your usual swift response.

إجابة الخبير: Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 97.6%

We would like to inform you that the period required to change the workplace is calculated as of the date of the work contract, which you can identify through the labor office

Then after you get a new job you can apply to change the employer to the General Directorate of Passports and Immigrant Affairs

at the Ministry of Interior, but this must be done after the required conditions are met:

  • An expatriate shall complete a contract of employment within the country or terminate the contract applicant without legal sanctions on the expatriate.
  • Complete five years or more to work, if no term is specified in the employment contract.
  • If the employment contract is indefinite, the current applicant must agree to change the employer to the new applicant in the case of the termination of the applicant for the contract without completing the contract period or the five-year period.
  • Bring a work contract from the new applicant

إسأل Attorney

Fatima Abd El-Wahhab

Fatima Abd El-Wahhab

Attorney

الأسئلة المجابة 29736 | نسبة الرضا 97.6%

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