The rights and duties of employees under the Human Resources Law Thursday, 07 April 2011 04:04

The employee must abide by the terms and provisions of the contract and the human resources law and avoid committing actions prohibited in the Law and the employment contract and any employee violating that or goes against the requirements of the duty of his job he will be punished and that is without prejudice to his civil or criminal responsibility.

Knowing that it is not allowed to impose any disciplinary sanction on the employee but only after the interrogation with him in writing and hearing his statement and investigating the aspects of its defense and the decision issuing imposing the penalty must be based on the reason.

After reviewing the investigation the chief executive can order to close the investigation or to refer the investigated employee to the special disciplinary body for his accountability or only impose the penalty on the employee.

The employee may appeal against this decision to the chairman within thirty days from the date of notification and the president must decide on the appeal within a period not exceeding sixty days from the date of his submission and the passing of such period without taking the decision on the appeal will be considered that it is implicitly rejected.

The file of violations attributed to the employee and what the investigations done regarding this, will be referred to the Chairman of the Disciplinary Committee who will call the body for the meeting to impose the appropriate disciplinary sanction.

The disciplinary sanctions that may be imposed on the employee will be different in accordance with the rank and the salary of the employee and it is not allowed to impose more than a penalty for the one violation and the disciplinary sanctions which imposed on the employee will be erased with the passing of a period of six months in a state of alert, alarm, blame, and discount of salary and with the passing one year in the state of discount of the salary for more than eight days and the passing of two years in the state of postponement of increment or deprivation from this and finally with the passing of three years for the rest of sanctions with the exception of the punitive separation or termination from the job.

The service will end when the employee reaches the age of sixty and the period of the service may be extended with his consent after reaching the age of sixty for considerations of public interest in accordance with the requirements of the necessity and the extension will be from one year to another year.

The service of the employee also will end by resigning from his job and it is required for the acceptance of the resignation that it will be written and free from any bond or condition and specified the date of ending of the service and the action must be taken on the application of the resignation within thirty days from the date of submission otherwise it will be considered acceptable by the law and the employee must continue his work till he is informed about the decision of the acceptance of his resignation or the period of thirty days passed.

In the case of employee’s death, the government agency will pay the gross salary for the next three months from the month of the death in addition to the gross salary for the month in which the death occurred at once.

The Qatari employee who spent in the government service at least one year is entitled to the reward of one month’s salary for each year of the first five years of the service at the end of the service and one and half month’s salary for each year of the following five years of the service and two months’ salary for each year for more than that.

The last salary received by the employee will be considered the basic for the calculation of this reward. It is required for the entitlement of the employee to this reward that he should not be entitled to a pension according to the provisions of the law of retirement and pensions.

And the reward for the non Qatari employee at the end of the will be calculated on the basic of one month’s salary for each year of the service up to a maximum ten months during his service in the country.

The amounts referred to in this article will be considered a grant and it is not allowed to consider it as a part of the termination benefits as well as the reservation is not allowed in any way or clearance process between this and any amounts may be owed to the government by the deceased employee in case of his death.

The government will bear the expenses of the funeral of the body of non-Qatari employee if died during his service in the government and to transfer it to his country as well as a ticket to one of his family members to accompany the body.

If the employee died or partially incapacitated and that is while doing his job or because of it, he himself or his heirs are entitled for compensation of his death or injury at work.

In the absence of one of the top and supervisory post holders his deputy will do his job, if he has no deputy the president may appoint a substitute who can do his work with the condition that he will be in the equal position holder or the immediate lower rank holder.

Any discount or imposing reservation to the payable amounts by the governmental to the employee will not be allowed in any capacity, except for the fulfillment of the expense or debt decided by the judiciary or to pay what is owed by the government agency to him either due to a reason related to the performance of his job or to recover what he might have spent in a improper manner and these amounts of clearance and reservation cannot be more than one fourth of his salary and at the time of overcrowding the priority will be given to the decided expense then to the debt of the government and then other debts.