Legal consultations Thursday, 25 November 2010 01:59

Article No. 10 of Labour Law 14/2004 states that the case of claiming the rights resulting from the provisions of Labour Law or the employment contract shall become void after the lapse of one year from the end of the contract. Consequently, the employee may not claim for the end of service gratuity after three years and the company should have settled the employee’s end of service gratuity once they accepted his resignation and transfer his entitlements to his bank account or in accordance with the agreement.

Labour Law No. 14/2004 states that employer shall settle the employee’s end of service gratuity, who worked for one year and more in addition to any amounts due to the employee after the end of his services. This gratuity shall be determined according to the agreement between the two parties, provided it will not be less than three weeks salary for each service year. The employee shall be entitled for the gratuity for the parts of the year according to the period he spent in the service. The service shall be considered consecutive if it is terminated in the case other than the ones mentioned in Article (61) of the said law and he rejoined the service within two months from its end. The last basic salary shall be the basis of the gratuity referred to and the employer shall have the right to deduct the gratuity from the amounts debited against the employee.

Should the employment contract end for any reason, the employer should pay the employee’s salary along with all due amounts before the end of the next working day of the end of contract only if the employee left the work according to the notification provided for in Article (49) of the said law; and the employer should pay the employee his salary along with all other entitlements within maximum seven days form date of leaving the work.

Law No. 4/2004, concerning the regulation of entry, exit, residence and sponsorship of expatriates, states that the sponsor and the expatriate shall refer the competent authorities within seven days from the expatriate’s entry to the State in order to complete the residence permit or work visit visa.

Each expatriate entering for residence in the State shall obtain a permit and the sponsor shall complete residence procedures and renew it, provided that renewal shall be done within a maximum ninety days of its expiry.

The sponsor shall submit to the sponsored party the latter’s passport after the completion of residence procedures or renewal.

Any one violating this will be penalized by a fine of maximum 10,000 riyals.

Law No. 4/2008, concerning the leasing of real estate with respect to the obligations and rights of lessor and lessee, states that the lease contract ends only upon the expiry of its duration. It is provided for the application of this provision that the lessor shall hand over the leased property and annexes to the lessee according to agreed conditions or the nature of the property. The lessee may ask for the abrogation of the contract or reduction of rental value according to the deficiency in benefit as per the decision of Dispute Settlement Committee.

To apply that, the lessee shall notify the lessor under a registered letter indicating the abrogation of lease contract due to the poor state of apartment for living in its current condition and lagging of the lessor in making the required maintenance according to the two parties agreement.

Qatari Labour Law No. 14/2004, concerning the termination of employment contract states that:

If the employment contract is for unlimited period, the parties thereto have the right to terminate it without any reasons. In such a case, the party which wants to terminate the contract shall notify the other party in writing as follows:

For labourers who are paid their wages annually or monthly, the notification shall be given before at least one month if the service period is five years or less. If the service is more than five years, the notice period shall be at least two months.

If the contract has been terminated without compliance with these periods, the party who terminates the contract shall pay to the other party a compensation equal to the labourer’s wage of notice period or the remaining part.

The resignation of the employee is considered as a termination of the contract by their side due to leaving the work. The Law states that: “if the contract has been terminated for any reasons, the employer shall pay the employee’s salary along with all due amounts before the end of the working day following the end of contract day, unless the employee has left the work without the notice provided for in this Law. In this case, the employer shall pay to the employee their salary along with their due amounts within maximum seven days of the date of leaving the work”.

The employee is considered as they are on duty during spending any leave provided for in Labour Law. The Law has restricted the right of the employer in terminating the employment contract during the leave period of the employee. It states that the employer shall not have the right to terminate the employment contract or notify the employee of terminating it during any of the latter’s leave provided for in this Law. The employer may not notify the employee of terminating the contract if the notice period ends during any leave”.

The law did not restrict the employee’s right to leave the work. Therefore, the employee may present their resignation during the leave period provided for in the law without prejudice to their entitlements during maximum period of seven days from the date of leaving the work due to the resignation.