Main Points to know about Qatari Labour Law
Article (1) thereof defined the employer being each natural or moral person hiring a worker more against pay.
Article (1) thereof defined the employee being each natural person working against pay for an employer and under the employer's administration and supervision.
A juvenile is defined as a young natural person of age 16 years and under 18 years.
Work is defined as every human intellectual, technical, physical effort given against pay.
Employment contract is defined as an agreement conducted between the employer an employee, with limited or unlimited period of time, per which the employee undertakes 1 perform certain work against pay for the benefit of the employee and under the employer' management and supervision.
The basic pay is defined as the rate paid to the worker against performed work during certain period of time or upon a piece or productivity basis, along with the annual allowance exclusively.
Article (1) of the law also defined the pay as the basic pay plus all allowances, incentives, indemnities to be paid to the worker against work of any nature or method of calculation.
Temporary work is the work whose nature requires it to be achieved within a limited period of time, or which is assigned and linked to another type of work and is deemed to finish immediately upon completion of such work.
Incidental work is the work that is naturally not included under the employer's activity and does not take more than four (4) weeks.
Article (3) of the same law set forth the classes excluded from application of the labour law provisions, including workers hired to execute incidental works.
Article (4) states that the rights set forth therein form the least extent of rights for the workers, and that each provision contradicting the provisions of this law shall be deemed null and void even if it came prior the effective date of work, unless it is in favour of the employee.
The Article stated also that any discharge, reconciliation, or waiver of rights assigned to the employee under this law shall be deemed null and void.
The legislator enjoined that entitlements payable to the worker or its successors under this contract shall prevail the fixed and movable moneys of the employer and is given priority over all debts on the employer including the debts to the state.
The Legislator stated in Article (7) that the employer shall, before commencement of its business, notify in writing the Labour Department affiliated to Ministry of Civil Services and Housing Affairs as follows:
1. Name, registered office, and activity of its firm and the address assigned to receive notices alongside its telephone number.
2. Nature of work to be practiced by the firm.
3. Number of employees to be recruited by the firm along with their professions and nationalities.
4. Name of the director in charge of the company.
Article (8) states that terms set forth in law shall be counted by Gregorian calendar where the year is intended to be 365 days and the month accounts for 30 days.
Article 9 states that contracts and other documents shall be executed in Arabic Language and the employer may enclose thereto approved translation into other language, and in case there is any contradiction between the two versions, the Arabic version shall prevail.
Legislator in article (10) denies the claim for the rights resulting by virtue of provisions or a labour law or employment contract after one year from the date of the contract.
Legislator in the chapter (2) of Articles (11) and (17) regulated the occupational training.
Article (18) states the priority of using Qatari citizen employees and, it necessary, non -Qatari; may be hired.
Legislator states in Article (19) that the employer shall, every six (%) months, provide the labour department with a statement including names of workers and employees hired by the employee, along with their nationalities and genders and the works assigned to be executed by them and their respective pas and ages and details of work authorisations.
Article (21) states that Qatari citizens may not be hired unless they hold certificates of unemployed Qatari and those seeking better jobs. This does not cover workers in the main professions whose occupiers are deemed authorized by employers to practice and act for them upon their authorities and also those conducting incidental works.
Legislator stated in Article (22) that the employer shall inform the Department of any available jobs and positions and the conditions of occupation and pay specified for them, and the date specified to occupy the vacancy, which shall be within thirty 30 days as of the date it is created or being vacant. Accordingly, the employer shall return to the Department within seven (7) days from the date of employment contract a registration certificate for the contracting employee and statement of the type of work and payment and date of work commencement.
Article (23) states that non-Qatari employees may not be hired without a prior consent from the Labour Dept. and as per a work authorization in the state subject to the applicable regulations.
The Minister of Civil and Housing Affairs allowed that non-Qataris may not be recruited in
any of labour sectors if so, required by the public interest.
The Legislator necessitates that the employer who uses on-Qatari experts or technicians shall train a considerable number of Qatari workers who are nominated by the Labour Dept. on the work practiced by those experts or technicians and shall appoint assistant workers from Qatari citizens to be trained and gain experience.
Recruitment of foreign employees may only be conducted by a person holding authorization to do so; however, the employer or its representative may recruit foreign employees to its own account after obtaining a consent from the Labour Dept. and an authorization to do so as per the provisions set forth in Articles 29 to 37 of the Labour Law.
Article (38) states that the employment contract shall be in writing and approved by the Labour Dept. and executed in three original copies, one deposited in the Labour Dept. containing the details stipulated in this article.
If there is no employment contract, the employee may prove the contractual relationship and rights resulting thereupon by any and all means of evidence.
The Legislator states in Article (39) that the employment contract shall provide for allowing the employee an agreed probationary period that may not exceed six (6) months from commencement of work, and such probationary term may not be repeated at the same employer.
The Employer may terminate the employment contract during the probationary period inks, in is sole discretion, that the employee failed to meet the work requirements, proud
that the employee shall be notified three (3) days at least before termination of the contract,
Legislator states that employment contract shall not exceed five (5) years and may be renewed for similar term(s) by mutual consent of both parties. If the contract is not renewed and both parties continued executing the contract after its expiry without explicit agreement, then the contract shall be deemed automatically renewed for unlimited term and upon the same provisions and the contract shall be extended for the same previous terms. However, it the subject contract is conditioned by completion of a certain work, then the contract shall be terminated upon completion of such certain work.
Article (42) specified the obligations of the employee.
The Legislator invalidated in Article (43) any provision in the employment contract requiring the employee to undertake work for the employer for lifetime, or to avoid during its lifetime practicing any profession or job after quitting the work at the employee, even if this provision was precedent to the date of execution of the law.
The Legislator enjoins that the employer shall enable the employee to perform assigned obligations and shall provide all necessary requirements to do so and consider attendance of the employee to the worksite while he is ready and well-prepared to perform work, but not failed to do so because of reasons beyond control, shall if the employee has already executed the assigned work and is therefore entitled to any consequent advantages.
The Employer may not assign to the employee any work other than the contractual work other than exceptions set forth in Article (45).
If the number of employees was ten (10) or more employees, then a regulation policy governs the work inside the company. Execution of such regulation or any modification thereto may only be valid if approved by the Labour Dept. if the Labour Dept. failed to approve within one (1) month of the date it was submitted, it shall be considered as approved, and the regulation shall be placed on a clear visible place in the organisation.
It may not be deemed in effect unless after fifteen (15) days from the date it was announced.
Legislator enjoined in Article (47) that the employer shall keep a file for each employee and maintain keeping the file for one (1) year at least after termination of its service.
Article (48) specified the records and how filing should be maintained.
The Legislator gave the two parties of an unlimited contract the right of termination without giving any reasons provided that it notifies the other party within the periods specified in Article (49) as grace periods. If such grace periods failed to be considered by the party terminating the contract, then it shall pay to the other party an indemnity equivalent to the payment of the employee for the notice period or the remaining part thereof. If the employee completed its contractual work during the notice period, the employer shall give full pay against the executed work.
The Legislator gave the employee the right to terminate the limited-term contract earlier to its termination date, and without a prior notice to the employer for the unlimited contract and shall be entitled to full payment of the end of service in any cases set forth in Article (51).
The end of service indemnity is given to the employee who spent one full year or more in the service of the employer as agreed upon between both parties, provided at the end of service may not be less than three (3) weeks of the basic salary of each year of service, and parts of the year will be calculated on same rate.
If the employee passed away at work, the employer shall within a period not exceeding, fifteen (15) days of the date of death, deposit in line treasury or the competent jurisdiction, entitlements and other payments of the deceased employee, plus the end of service gratuity. Upon termination of the employment contract, the employer shall on his account render the employee to his country or origin or any other place to be agreed upon by both parties within a period of two (2) weeks from the termination date of
contract, unless the employee was transferred to work for a different employer who shall be bound to this obligation. If the employee died, then the employer will bear costs of preparing and transport of the corpse to the country of origin or residence if so demanded by the family.
If the employer hired ten (10) or more employees, he shall set a penalty code stating the misconducts and disciplinary rules and provisions and procedures of imposing same on employees. The penalty code shall be governed by the work organization regulation.
Article (59) states the disciplinary rules and penalties.
Article (60) states that in execution of the disciplinary penalties, employee's pay may be deducted up to five (5) working days in a month.
Article (61) provided for the situations when an employer may dismiss the employee without prior notice and when an employee is not entitled to the end of service indemnity.
Article (62) states that:
The employee may not be accused of doing any misconduct if the employer knew same before more than fifteen (15) days, except for misconducts forming criminal events.
No penalty may be imposed on the employee unless it is directly related to work.
No penalty may be imposed on the employee unless the employee is so informed of the alleged misconduct and being investigated in writing or orally on minor misconducts.
No more than one disciplinary penalty may be imposed on the employee against one misconduct event.
No disciplinary penalty may be imposed on the employee against any act not provided for in the penalty code.
The Legislator stated in Article (63) that the employee shall be informed in writing of the penalty to be imposed on it, and if the employee refused to receive the notice, he
may be notified in a visible place at workplace. If the employee was absent from work, he may be informed by a registered letter sent to the employee's address specified in his service file.
The Legislator stated in Article (64) how an employee may raise a complaint against the imposed penalty and how to address the administration. If the employer failed, within seven (7) days, to accept the complaint submitted by the employee, the latter may appeal the penalty directly before a competent court.
Mashael Alsulaiti – Founder & Chairman
