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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

I resigned my job as a teacher in the private...

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I resigned my job as a teacher in the private school,with one month notice period. I am not on their sponsorship.My employer refuses to give me the Clearance letter and cancel my labor for om that school saying it is illegal for a teacher to resign in the middle of the school year ( end of second term).That is no where stated I'm my contract.Can I get an advice how to get my Clearance letter from them,and labor card cancelation?

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الرد من العميل

In my job offer letter it is stated that a teacher should not resigned 2 months before the end of the school year.I resigned on 15.02 ( 4 months before end of the school year) and my resignation period is over on 15.03 ( 3 month before the end of the school year). However,the contract does not state anything about the resignation period.

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If the employer refuses to grant you your financial rights, or refuses to return the documents, or refuses to give the worker a certificate of experience and release the party, you can file a complaint with the Ministry of Labor
Here is the text of the Qatari Labor Law, related to your query:
Article 39
“It may be stipulated in the work contract that the worker will be put on probation for a period agreed upon by both parties, provided that it does not exceed six months from the date of starting work. The worker may not be put on probation more than once with the same employer.
The employer may terminate the work contract during the probationary period if it appears to him that the worker is not fit to perform the work, provided that he informs the worker of this, at least one month prior to the date of termination of the contract. The worker may terminate the work contract during the probationary period, provided that the following are observed:
1 - In the event that the worker wishes to move to work for another employer, he must notify the contracting employer in writing of his desire to terminate the contract at least one month before the date of termination of the contract, and the new employer is obligated to compensate the contracted employer for the value of the ticket and recruitment fees, If any, provided that the compensation does not exceed the basic wage of the worker for two months.
2- In the event that the worker wishes to terminate the contract and leave the country, he must notify the employer in writing of his desire to do so in accordance with the agreed-upon notification period, provided that it does not exceed two months.
If either party terminates the contract without observing the notice period stipulated in this Article, it shall pay the other party a compensation equal to the worker's basic wage for the notice period or the remaining period thereof. In all cases, if the expatriate worker leaves the country without being bound by the provisions stipulated in this article, he may not be granted a work permit for one year from the date of departure.
Article 53
The employer, upon termination of the contract, must:
1- The worker shall be granted, upon his request, free of charge, a service certificate, in which he shall indicate the date of commencing the work, the date of its completion, the type of work he was performing, and the amount of wages he was receiving.
2- Handing over to the worker what he deposited with him of certificates, documents and others.

الرد من العميل

Is it illegal that a teacher can not resigned from the school in the middle of the school year?

الرد من العميل

Even that is not stated in the given contact.

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

As we explained in our previous reply,,,
The terms of the employment contract are what define the rights and duties of each party.
If there is a provision in the work contract that prevents the teacher from resigning two months before the end of the school year.
In that case, if you resigned from work four months before the end of the school year, this means that you did not violate the work contract.
And that your legal position is correct.

الرد من العميل

Thank you!

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

I am happy to receive your inquiry and answer it

الرد من العميل

I have some conditions in my job offer that are not mentioned in my contract.Are these conditions still valid legally,or only the contact is legally valid on the court?

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

.The conditions contained in the job offer have expired when you sign the work contract
Unless there is a clause in the work contract that states that the terms of the offer of work are part of the work contract

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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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