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Doha Events 2011
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Legal consultation: by Abdelaal A Khalil (Legal Consultant) Thursday, 07 July 2011 00:39
Question: An employee who works in one of the state-contributed companies on a temporary basis for a period of two years and it includes a condition which says he his not entitled for gratuity at the end of the contract period. He wants to know if this is legal or not.
Answer:
The Qatari employee, who served in the government for at least one year deserves gratuity at the end of the service as a salary per month for all five years of service and finally two months’ salary for each year. The last salary of the employee will be on the basis for the calculation of this reward. The employee will be entitled to this reward if he is not entitled to a pension in accordance with the provisions of the law of retirement and pensions.
The gratuity of a non-Qatari employee will be calculated on the basis of one month’s salary for each year of service up to a maximum of 10 months for the duration of his service in the state and the employee is entitled to reward at the end of the service for any part of the year in accordance with the rates
mentioned above.
Therefore, the employee must not be deprived of the benefits at the end of the service. This condition is void and the employee can claim for the dues at the end of service from the institution in which he works. If the institution refused to pay the dues then he can move to the competent authority to look into the requests and complaints from staff. If his application is not accepted then he can file a case before the competent administrative tribunal.
Question: A engineer who works in a contracting company resigned work and now wants to transfer the sponsorship to another contracting company. The current sponsor refuses to transfer his sponsorship to a company engaged in the same area. He wants to know if the refusal is legal? He wants to know why can he not work in the other organisation?
Answer:
Therefore, it is not permissible for the employer to prevent the worker from working for another employer, unless the nature of the work of the worker allows him to know employer’s clients or make him able to see the secrets of the company, provided that the agreement on this condition will be made in the employment contract that includes a period not exceeding a maximum of two years. If the employment contract did not include this condition than the employer can’t prevent the employee from working for another company engaged in
similar activity.
Question: A resident living with other room-mates got into an argument and was subsequently assaulted. The incident was reported to the concerned authorities in writing and both the parties were brought to the prosecution, which decided to free them on bail. After their release, some friends managed to reconcile who agreed. Is the case still not settled and what is the expected punishment? How can the reconciliation take place and will it end after all parties agreed on reconciliation?
The crime of assault on the safety of the human body is one of the offences punishable by the imprisonment where the Qatari Penal Code No. 11/2004 points out that “the imprisonment of a term not exceeding three years and a fine of not more than QR15,000 or any of the two, for the one who assaulted deliberately on the safety of other’s body in any way and it led to his illness, or failure of performing his personal activities in accordance with the detail provided in the law.
With regard to registration of the case, the release of the accused by the prosecution on bail indicates that the prosecution investigated the incident and decided to release the accused on bail and the papers of the case will be referred to the competent misdemeanour court and the accused will be notified about the decision of the referral and with regard to reconcile.
The law of criminal procedure, No. 23/2004 points out that the victim in the misdemeanour in which the reconciliation can take place has the right to ask the prosecutor or the trial court according to the circumstances to prove his reconciliation with the accused and submit an application of reconciliation from the victim or the accused or prosecutor from any of them and the criminal suit in this case will end with reconciliation.
In accordance to that the victim or the accused of assault in the case can submit to the public prosecution a request to reconcile with the accused or submit the application to the court if the case is referred for the trial and the criminal suit will end with the reconciliation.
The Labour Law No. 14/2004 states that “Every condition in a contract of employment will be nullified even if the contract took place before the date of this law, if it contains an undertaking by the employee that he will work for his entire life with the employer, or he will never engage in any trade or profession can be practiced after leaving work. If the nature of work allows the worker to know the clients of the employer or get access to the secrets of the work of the enterprise, the employer may bind the worker not to do, after the end of contract, the work with his competitor or participate in any project of a rival party. This condition needs to be limited in terms of duration, location and type of work on the necessary amount to protect the legitimate interests of the employer. The duration of this commitment must not be more than two years. The human resources Law No. 8 / 2009 on the end of the service gratuity states:
Comments
My question: I intend to go home for 2 weeks to visit my sick mother. How can I temporarily delete the hold departure so I could fly home? Can I just submit my wife's passport as a guarantee to the court or police that I am returning to Qatar after my 2 weeks vacation?
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