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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
Lawyer
Hello, can I cancel my unlimited contract and...
Hello, can I cancel my unlimited contract and change to another company in probation time?
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إجابة الخبير: Moheb Hassan
Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
We would like to inform you that if your inquiry relates to resign and that your employment contract is indefinite and you want to transfer sponsorship, the following information are important:
First: Termination of the work contract:
According to the Qatari Labor Law, if you worked for at least one year and terminate the indefinite employment contract legally after taking into account the notice period, which shall be at least one month or as stipulated in the employment contract, you may apply for the end of service benefit, which is calculated at twenty-one days' wage for each year of service, which is also calculated on the last basic salary.
Second: Transferring the guarantee:
We would like to inform you that the Qatari Labor Law assures the cases to transfer the worker as below:
- A person who is linked to a fixed-term employment contract whose term has expired is eligible for NOC without the consent of the current sponsor.
- A person who is linked to an indefinite term contract and works for more than five years with the same employer is eligible for NOC without the consent of the current sponsor.
- A person who works for a fixed-term employment contract or an indefinite duration contract that has not completed the five-year period must obtain the consent of the employer in order to be eligible for the NOC for the transfer of bail.
Note that, all the above cases require the approval of the concerned authorities represented by the Ministry of Interior or the Ministry of Labor to transfer sponsorship.
Also, your friend must submit a request to prove the maliciousness of the escape report. If this request is approved, he can request the transfer of sponsorship
Here is the text of the Qatari Labor Law related to your inquiry:
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 (54):
In addition to any sums to which the worker is entitled to upon the expiry of his service, the employer shall pay the end of service gratuity to the worker who has completed employment of one year or more. This gratuity shall be agreed upon by the two parties, provided that it is not less than a three-week wage for every year of employment. The worker shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment.
The worker's service shall be considered continuous if it is terminated in cases other than those stipulated in article (61) of this law and is returned to service within two months of its termination.
The last basic wage shall be the base for the calculation of the gratuity.
The employer is entitled to deduct from the service gratuity the amount due to him by the worker.
First: Termination of the work contract:
According to the Qatari Labor Law, if you worked for at least one year and terminate the indefinite employment contract legally after taking into account the notice period, which shall be at least one month or as stipulated in the employment contract, you may apply for the end of service benefit, which is calculated at twenty-one days' wage for each year of service, which is also calculated on the last basic salary.
Second: Transferring the guarantee:
We would like to inform you that the Qatari Labor Law assures the cases to transfer the worker as below:
- A person who is linked to a fixed-term employment contract whose term has expired is eligible for NOC without the consent of the current sponsor.
- A person who is linked to an indefinite term contract and works for more than five years with the same employer is eligible for NOC without the consent of the current sponsor.
- A person who works for a fixed-term employment contract or an indefinite duration contract that has not completed the five-year period must obtain the consent of the employer in order to be eligible for the NOC for the transfer of bail.
Note that, all the above cases require the approval of the concerned authorities represented by the Ministry of Interior or the Ministry of Labor to transfer sponsorship.
Also, your friend must submit a request to prove the maliciousness of the escape report. If this request is approved, he can request the transfer of sponsorship
Here is the text of the Qatari Labor Law related to your inquiry:
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 (54):
In addition to any sums to which the worker is entitled to upon the expiry of his service, the employer shall pay the end of service gratuity to the worker who has completed employment of one year or more. This gratuity shall be agreed upon by the two parties, provided that it is not less than a three-week wage for every year of employment. The worker shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment.
The worker's service shall be considered continuous if it is terminated in cases other than those stipulated in article (61) of this law and is returned to service within two months of its termination.
The last basic wage shall be the base for the calculation of the gratuity.
The employer is entitled to deduct from the service gratuity the amount due to him by the worker.
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Moheb Hassan
Lawyer
الأسئلة المجابة 63652 | نسبة الرضا 98.2%
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