Shedding light on Human Resources Law No. 8 Thursday, 24 March 2011 01:46

His Highness Sheikh Tamim bin Hamad Al Thani, the Deputy Emir, issued Human Resources Law No 8 / 2009 and it was implemented with effect from April 1, 2009 after the abolition of the civil service law and the system to use non-Qatari workers in ministries and other government agencies.

The law enabled the employee to choose his own future and determine his goal and it did not fix any limit to his aspirations and made incentive systems to reward the creative ones and to encourage the laborious person so that all can contribute in the formulation of a working environment which is based on objective criteria, governed by transparency and clarity.

The law closed the door to personal criteria which drives out the creative and talented persons.

We will introduce the most important articles of the law to begin the general terms and conditions provided by the law and then we will indicate to the rights and advantages enjoyed by the employee subject to the provisions of law and finally duties and obligations imposed by the job. We have mentioned some articles to consult as a source for the materials of this investigation for whom we are willing to get information about it.

Where as the law pointed out that the government is making the ideal investment available to human resources to achieve its objectives and develop the individual capabilities of its employees, and provide a safe and fair working environment, motivated to excellent tender, creativity, cooperation and the involvement of its employees in the development of the patterns of the work .

Where each of the government entity, the ministry or government body or chairman of the Commission or public institutions according to cases is considered the commensurate job structure, and the competences and its actual needs in accordance with the organizational structure approved by the public administration of State’s human resources at the Secretariat of the Council of Ministers.

According to the provisions of the guide of description, classification and order of the jobs, the Public Administration depends and includes the following job description:

1 . Job Title.

2 . Category, according to the scales of grades and salaries or employment contract.

3. A general and analytical description of the duties and responsibilities.

4. Conditions of the job in terms of the minimum educational qualification and required work experience and the degree of skill and other conditions.

Procedures and methods of recruitment for vacant posts:

Jobs will be provided through selection or promotion or transfer or appointment or lending and the selection for appointment will be on the basis of merit. By the declaration the Act specifies the methods of recruitment according to the

followings:

1. By Emiri decree or a decree or decision of the competent authority of appointment.

2. Under a special employment contract according to the forms prepared by the public administration.

3. With a special employment contract excepting scales of grades and salaries in order to determine their qualifications and experience rare specialties with the consent of the Prime Minister.

4. Temporary contract with a salary cut for a period not exceeding six months, subject of renewal.

In all cases, the appointment of employee will be under the non-Qatari

Employment contracts.

For the first time appointment of Qatari employees will be under the employment contracts where the General Secretariat of the Council of Ministers is the first model contract of employment for Qatari employees in ministries and government agencies.

There is a obligation on both the parties and the consequent effects and provisions are stipulated in the employment contract in detail and contract is subject to the provisions of the Human Resources Law.

Where the General Secretariat of the Council of Ministers adopted six models of employment contracts unifying Qataris and residents and their necessity to be subject to the provisions of the Human Resources Law No. 8 / 2009 for the liberation of work contracts for staff and the models include: an employment contract for Qatari employee and a temporary employment contract and a local employment contract for non-Qatari employee, and a special employment contract, and employment contract for non-Qatari employees, an overseas employment contract for non-Qatari employee.

The model included a contract of employment to a Qatari employee, in which Clause No. 14 pointed out the model to the desire of the first party “government agency” in the recruitment of party

II, “employee” in accordance with the provisions and in some of the clauses, the appointment by the first party to the second party a particular job and mentioning of financial category and fixing the basic salary and the date of the work.

The job, the category and the payer of the second party are modified in accordance with the provisions of Human Resources Law and its implementing decisions without the need to modify this contract.

Duration of the contract will begin from the date of the direct action and renewed automatically from year to year unless one of the parties shall notify the other in writing its intention to terminate the contract before its expiration date of 60 (sixty) days.

The contract included the right of the parties to terminate the contract at any time with the condition of notifying the other party prior to the termination by at least 60 (sixty) days.

The contract pointed out that the provisions of the Human Resources Law No. 8 / 2009 are complementary to this contract, which will be released through three copies one copy for each party. The third copy will be saved at the Secretariat of the Council of Ministers.

Duration of the employment contract calendar year:

In fact, the duration of the contract of employment is not a calendar year as pointed out in the sample contract for a Qatari employee, but it is subject to the will of the parties where any party can terminate before the expiry date with the condition of maintaining the period of notice both, during the trial period or beyond.

Despite of having the right of not to enable the contract or to end it before its expiry date both parties are guaranteed but it is risky, especially for the employee where the employer can terminate services of the employee at any time.

So it is better to characterise employment contract by the nature of the stability for a period of at least one year and at the end of the period the parties have the right to evaluate the experience, and take the appropriate decision on the renewal of the contract for a further term or termination of it. It is not required to add a clause allowing any of the parties to terminate the contract at any time by a prior written notification to terminate it for at least 60 (sixty) days.