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Legal consultation-- by Abdelaal A Khalil Thursday, 12 May 2011 03:00
An employee has been working in a company under a contract for 15 years and the same contract is renewed every year. Now he wants to resign and return to his homeland. When he asked the company to settle his end of service dues, the company calculated on the basis of 21 days for each year of service in accordance with the minimum limit stipulated in the Labour Law No. 14/2004, while the end of service gratuity in accordance with the employment contract concluded between the parties was for 30 days for each year of service. He now wants to know the period to calculate the gratuity of the end of service.
Article III of the Labour Law No. 14/2004 points out the cancellation of the old labour laws and the abolition of the rule that violates the provisions of the Labour Law No. 14/2004. Article IV added that the rights set forth in this Law represent the minimum limit for rights of workers and any condition contrary to the provisions of this law, even before its effective date shall be null and void unless there is more benefit for the worker.
With the application of the same the standard of the biggest profit for the employee is the first to be applied, whether it is in the old contract or new one according to Labour Law No. 14/2004.
Therefore, the end of service gratuity for the questioner shall be calculated on the basis of 30 days for each year of continuous service and the last basic wage of the worker shall be the basis for the calculation of the end of service gratuity.
A foreign embassy in Doha contracted with a number of local staff to work in the embassy in accordance with the provisions of the Qatar Labour Law for the year 2004, but there is a difficulty in applying certain Articles of the Labour Law, such as rules on working time during the month of Ramadan which is 36 hours for six working days in a week. While working at the embassy for a period of just five days a week how to reconcile the rules of law, days and real working hours? What is the punishment determined by the law in case of violating the commitment to the regulation of the working time?
According to Article 73 of the Labour Law No. 14/2004, the maximum normal working hours are 48 in a week in all months of the year except the month of Ramadan in which the number of hours of work shall be 36 hours per week and the working hours shall be interspersed with one or more periods of prayer, rest and having food. This period shall not be less than one hour and more than three hours. At the time of determining the period of rest it must be taken into account that the worker must not work more than five consecutive hours.
With the application of the same to the local staff working in the embassy, we find no objection in increasing the number of daily working hours if the employee works for only five days a week and gets two days leave in a way that the total number of working hours in a week must not exceed as provided by the Labour Law No. 14/2004.
In case of application of the same the weekly working hours shall be divided on the actual number of working days in the week, taking into account that the workers must be given breaks of not less than an hour during working time for prayer, food and rest.
It must be noted that the law specified a maximum limit for the weekly working hours and must not be exceeded, but it did not make a minimum limit because if the number of working hours became less than that it will be in the interest of the employee and there is no problem as long as the employer also wants that.
Anyone who violates the provisions of the regulation of working time referred to, shall be punished by a fine of not less than 2,000 (two thousand) Qatari riyals and not more than 5,000 (five thousand) Qatari riyals without prejudice to any severer penalty provided for by another law.
Comments
I am working in a compeny last 23 years.I like to termineted my job my serves is calucated from which year.
this ask my manager so he told serves gratuity calucated from 2004.this is true?
fist time visa stamping sponsor name than rule is changing
to compeny name but I am working same compney my boss is same.
I waiting your reply
thanking you
mohamed ibrahim
My Resident Permit expires on 10 September and I have submitted my resignation and will finish work as well as leave the country on 6 October 2011. My company PRO says that there is no need to renew RP as I have 90 day to leave the country after RP expiry without any penalty and it is legal. Could you please confirm if it is legal. Would this also apply to my family who are on my sponsorship (family visa) and their visas will be valid.
My second question is that my nephew will be on visit visa for September and part of October on my sponsorship. Would he have any legal visa issues after 10 September when my RP expires or after my RP is cancelled at start of October. Can he stay after I leave, if his visa is valid.
Could you email the response asap and then you may publish.
Regards,
Abdullah Khan
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