إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Hello am zack currently in qatar in need of help,i...
Hello am zack currently in qatar in need of help,i was involved in road accident and got attended by ambulance and taken to hospital for further treatments later i got discharged and was given 10 days unfit leave certificate,when the leave was over i went to the company office to resume back on duty the HR he told me to wait its pending apon company decisions i kept on insisting since it was 17days on following without working later i insisted i want to know my fate since the company wasn't providing food for me nor paying,on arrival to the office i was given termination and told to go and come back with ticket and since i was not working i couldn't afford i went to labour law and file case against them on following on when will be the case to be it was one week time i got a message of absconding,i went to CID and was told to go find offer letter to change the company since i was not willing to go back to my country now i need help to whenever company i try to change sponsorship i get reject i dont know what to do any assistance it will be of much help to me thanks in advance.
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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 of 2004:
Article (108)
If the worker dies while on duty or because of the work or sustains a work injury the employer or his representative shall immediately notify the police and the Department of the incident.
The notification shall include the name, age, profession, address and nationality of the worker and a brief description of the incident, the circumstance where it took place and the actions taken for aiding or curing the worker.
The police shall upon receipt of the information undertake the necessary enquiries and the record shall contain the statements of the witnesses and the employer or his representative and the statements of the injured if his condition so permits and the record shall explain the relationship of the incident to the work.
The police shall upon completion of the inquiry send a copy of the record to the Department and a copy to the employer. The Department may require completion of the enquiry if it deems necessary.
Article (109)
The worker who sustains a work injury shall be entitled to receive medical treatment appropriate to his condition at the cost of the employer in accordance with the decision of the competent medical authority.
The worker shall receive his full wage during the treatment period or the period of six months whichever is nearer. If the treatment continues for a period exceeding six months the worker shall be paid half of his wage until his recovery or proof of his permanent disability or death whichever is nearer.
Article (110)
The heirs of the worker who dies because of the work and the worker who sustains a work injury resulting in a partial or total permanent disability shall be entitled to receive compensation. The amount of compensation in case of death of the worker because of the work shall be calculated in accordance with the provisions of Islamic Sharia.
The work injury resulting in a total permanent disability shall be considered as a death of the worker. The proportion of the partial permanent disability to the permanent total disability shall be fixed in accordance with the schedule (2) of this Law and the amount of compensation in this case shall be calculated on the basis of this proportion from the amount of compensation provided for in the preceding paragraph.
Article (111)
The provisions of the preceding two Articles shall not apply if any of the following has been proved:
The worker had intended to injure himself.
The worker was at the time of occurrence of the injury or death under the influence of a drug or liquor and that the said influence was the cause of the injury or death.
The worker violated the instructions of the employer concerning the preservation of vocational health or safety or committed a gross negligence in the carrying out of these instructions.
If the worker without a genuine cause refuses to subject himself to the check-up or adopt the treatment prescribed to him by the competent authority.
Article (112)
If a dispute arises between the worker and the employer as to the ability of the worker to resume his work or as to any other medical matter related to the injury or disease or the treatment prescribed thereof or the applied treatment the Department shall refer the dispute to the competent medical authority. The decision of the said authority on the matters falling within its competence shall be final.
Article (113)
The right of the worker to claim compensation for the disability or death shall extinguish by the lapse of one year from the date of the medical report containing the occurrence of the disability resulting from the injury or the confirmation of the occurrence of the disability because of any of the occupational diseases contained in schedule No. (1) attached to this Law or from the date of the death of the worker.
Article (114)
The employer shall pay the compensation for the disability within a period not exceeding fifteen days from the date of proof of the disability of the worker or from the date of announcement of the result of the inquiries supporting the occurrence of the disability because of the work.
The employer shall deposit the compensation for the death in the court’ within a period not exceeding fifteen days from the date of death or from the date of announcement of the result of the injuries supporting the occurrence of the death because of the work. The court shall distribute the compensation for death amongst the heirs of the deceased in accordance with the provisions of the Islamic Sharia or the personal law applied in the country of the deceased. The compensation shall be vested in the public treasury of the State if three years lapse without specifying persons entitled thereto.
Article (115)
The employer shall every six months provide the Department with a statistics of the work injuries and occupational diseases in accordance with the forms prepared for this purpose and the procedures to be prescribed by a Decision of the Minster.
especially that the sponsorship system in Qatar is no longer in force, the relationship has become related to the nature of the contract signed between the worker and the employer, and also it is related to the law that organizing the entry of expatriates to Qatar, and thus, reviewing Article 21 of this law, we find that it stipulates on the following:
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 is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer
Therefore, you can transfer if your employer agreed then you have to submit your resignation or it may result in depriving you from entering the country once again for a year.
Article (108)
If the worker dies while on duty or because of the work or sustains a work injury the employer or his representative shall immediately notify the police and the Department of the incident.
The notification shall include the name, age, profession, address and nationality of the worker and a brief description of the incident, the circumstance where it took place and the actions taken for aiding or curing the worker.
The police shall upon receipt of the information undertake the necessary enquiries and the record shall contain the statements of the witnesses and the employer or his representative and the statements of the injured if his condition so permits and the record shall explain the relationship of the incident to the work.
The police shall upon completion of the inquiry send a copy of the record to the Department and a copy to the employer. The Department may require completion of the enquiry if it deems necessary.
Article (109)
The worker who sustains a work injury shall be entitled to receive medical treatment appropriate to his condition at the cost of the employer in accordance with the decision of the competent medical authority.
The worker shall receive his full wage during the treatment period or the period of six months whichever is nearer. If the treatment continues for a period exceeding six months the worker shall be paid half of his wage until his recovery or proof of his permanent disability or death whichever is nearer.
Article (110)
The heirs of the worker who dies because of the work and the worker who sustains a work injury resulting in a partial or total permanent disability shall be entitled to receive compensation. The amount of compensation in case of death of the worker because of the work shall be calculated in accordance with the provisions of Islamic Sharia.
The work injury resulting in a total permanent disability shall be considered as a death of the worker. The proportion of the partial permanent disability to the permanent total disability shall be fixed in accordance with the schedule (2) of this Law and the amount of compensation in this case shall be calculated on the basis of this proportion from the amount of compensation provided for in the preceding paragraph.
Article (111)
The provisions of the preceding two Articles shall not apply if any of the following has been proved:
The worker had intended to injure himself.
The worker was at the time of occurrence of the injury or death under the influence of a drug or liquor and that the said influence was the cause of the injury or death.
The worker violated the instructions of the employer concerning the preservation of vocational health or safety or committed a gross negligence in the carrying out of these instructions.
If the worker without a genuine cause refuses to subject himself to the check-up or adopt the treatment prescribed to him by the competent authority.
Article (112)
If a dispute arises between the worker and the employer as to the ability of the worker to resume his work or as to any other medical matter related to the injury or disease or the treatment prescribed thereof or the applied treatment the Department shall refer the dispute to the competent medical authority. The decision of the said authority on the matters falling within its competence shall be final.
Article (113)
The right of the worker to claim compensation for the disability or death shall extinguish by the lapse of one year from the date of the medical report containing the occurrence of the disability resulting from the injury or the confirmation of the occurrence of the disability because of any of the occupational diseases contained in schedule No. (1) attached to this Law or from the date of the death of the worker.
Article (114)
The employer shall pay the compensation for the disability within a period not exceeding fifteen days from the date of proof of the disability of the worker or from the date of announcement of the result of the inquiries supporting the occurrence of the disability because of the work.
The employer shall deposit the compensation for the death in the court’ within a period not exceeding fifteen days from the date of death or from the date of announcement of the result of the injuries supporting the occurrence of the death because of the work. The court shall distribute the compensation for death amongst the heirs of the deceased in accordance with the provisions of the Islamic Sharia or the personal law applied in the country of the deceased. The compensation shall be vested in the public treasury of the State if three years lapse without specifying persons entitled thereto.
Article (115)
The employer shall every six months provide the Department with a statistics of the work injuries and occupational diseases in accordance with the forms prepared for this purpose and the procedures to be prescribed by a Decision of the Minster.
especially that the sponsorship system in Qatar is no longer in force, the relationship has become related to the nature of the contract signed between the worker and the employer, and also it is related to the law that organizing the entry of expatriates to Qatar, and thus, reviewing Article 21 of this law, we find that it stipulates on the following:
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 is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer
Therefore, you can transfer if your employer agreed then you have to submit your resignation or it may result in depriving you from entering the country once again for a year.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
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