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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Lawyer
Am Emmanuel essel from Ghana I had an accident at...
Am Emmanuel essel from Ghana I had an accident at work place, so the police call me to report to the police station so I went and the asked me how the accident occurred and I explained to them as it is.. after everything they asked me to tell my company to give me a report that I had the accident at work which they refused to give me so I went to labor to report them.. I was giving appointment date to meet the company representative there which I went n they also came so the person who came in the name of the company talked to me to follow him to the company heard office to talk things over there which I did and the give me the report…. Today I went to the HR office and they give me a warning letter over issue that happened on 8th march 2022… and the issue was that I work for 12 hours, 1 hour break that is what was in my contract but the client was saying their giving us only 30 minutes break so I told them my break is 1 hour not 30 minutes please
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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 this considered violation against the law after referring to the Qatari Labor Law, which stipulates in Article (38) that
The Service Contract shall be made in writing and attested by the Department and shall comprise three copies, one copy to be delivered to each of the parties and the third copy to be deposited with the Department. The Service Contract shall specify the terms concerning the labour relationship between its two parties and in particular shall contain the following:
1. The name of the employer and place of his work.
2. The name, qualifications, nationality, profession and residence of the worker and the proof necessary for his identification.
3. The date of conclusion of the contract.
4. The nature and type of the work and place of contracting.
5. The date of commencement of the work.
6. The period of the contract if the contract is of a definite duration.
7. The agreed wage and the method and date of the payment thereof.
If the service contract is not made in writing the worker may prove the labor relationship and the rights which have arisen therefrom by all means of proof.
Therefore you have to submit a complaint in the Ministry of Labor and explain the matter in detail as the text of the law in Article (51) stipulates that
The worker may terminate the service contract before its expiry. date if the contract is of a definite duration and without giving reasons for the termination if the contract is of an indefinite duration and retains his full right to obtain the end of service gratuity in the following cases:
1. If the employer commits a breach of his obligations under the service contract or the provisions of this law.
2. If the employer or his responsible manager commits a physical assault or immoral act upon the worker or any of his family member.
3. If the employer or his representative has misled the worker at the time of entering into the service contract as to the terms and conditions of the work.
4. If continuance with the work endangers the safety and health of the worker provided that the employer is aware of the danger and does not take the necessary steps to remove it.
The Service Contract shall be made in writing and attested by the Department and shall comprise three copies, one copy to be delivered to each of the parties and the third copy to be deposited with the Department. The Service Contract shall specify the terms concerning the labour relationship between its two parties and in particular shall contain the following:
1. The name of the employer and place of his work.
2. The name, qualifications, nationality, profession and residence of the worker and the proof necessary for his identification.
3. The date of conclusion of the contract.
4. The nature and type of the work and place of contracting.
5. The date of commencement of the work.
6. The period of the contract if the contract is of a definite duration.
7. The agreed wage and the method and date of the payment thereof.
If the service contract is not made in writing the worker may prove the labor relationship and the rights which have arisen therefrom by all means of proof.
Therefore you have to submit a complaint in the Ministry of Labor and explain the matter in detail as the text of the law in Article (51) stipulates that
The worker may terminate the service contract before its expiry. date if the contract is of a definite duration and without giving reasons for the termination if the contract is of an indefinite duration and retains his full right to obtain the end of service gratuity in the following cases:
1. If the employer commits a breach of his obligations under the service contract or the provisions of this law.
2. If the employer or his responsible manager commits a physical assault or immoral act upon the worker or any of his family member.
3. If the employer or his representative has misled the worker at the time of entering into the service contract as to the terms and conditions of the work.
4. If continuance with the work endangers the safety and health of the worker provided that the employer is aware of the danger and does not take the necessary steps to remove it.
إسأل Lawyer
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
- 100% ضمان الرضا
- انضم الى 8 مليون من العملاء الراضين
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