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Legal Consultation Thursday, 24 June 2010 02:14
Question 1
The company where my husband works did not allow him to bring me to Qatar and sponsor me. Is this legal? Can my husband sponsor me after his contract with the company comes to an end? Can I sponsor my children when I come to Qatar? Should I receive financial benefits equal to men, particularly in relation to the residence permit and air tickets, if I do the same
job in Qatar?
Answer
Employers have to approve the marital status of their hired workers before giving them a contract. Whether employers have approved this marital status can be determined from the residence and air travel allowance employers include in
the contract.
If the terms of the contract say the worker has the right to residence and air travel allowance for his/her family, this allowance has to be given him/her once his/her family comes to Qatar.
This is applicable to all workers, regardless of their sex, provided that these workers are sponsored by the company.
Wives and husbands can sponsor each other after submitting the necessary documents to the Ministry of Interior. Wives can also sponsor their children in the light of the procedures of the Ministry of Interior.
According to Labour Law No. 14/2004, female workers have to get the same salary what their male co-workers get if they do the same job. Female workers have to be given the same training and promotion opportunities.
Question 2
I work for a company, but want to leave for another, which will pay me better. My employer, however, refuses to let go my sponsorship. Can I apply for a vacation and leave Qatar altogether until my residence permit comes to an end and come back after that to have a new sponsor?
Answer
According Sponsorship Law No. 4/2009, foreign workers can enter Qatar only two years after their residence permits came to an end. The Minister of Interior has the right to reduce this period in certain cases. If not, they need to get approval from their former sponsors.
Question 3
I am a non-Qatari. My husband left me here and travelled two months after our marriage seven years ago. Three years after I gave birth to a girl, my husband came back only to leave us again a short time later without leaving any source of income. What can I do? I applied for subsidies many times, but was denied that because I was married. How can I get a divorce from my husband?
Answer
According to Family Law No. 22/2006, wives can demand divorce in case their husbands deserted their families for a year or more without catering to the needs of the family. A judge will give husbands a grace period of two months so that they return to their wives. If husbands do not return, the judge will grant divorce to the wives.
The lady asking this question, has to file a divorce application at the Family Court.
Question 4
What commercial dealing documents are there other than cheques?
Answer
Chapter 5 of Trade Law No. 27/2006 identifies a commercial document as one which contains a promise to pay a stated amount of money to a stated person either on a fixed date or when the money is demanded. These notes can be commercially circulated. There are different forms, including promissory notes, cheques,
and bonds.
Question 5
What are the conditions for dismissal of a worker without a prior notice and an end-of-work compensation?
Answer
According to Article 61 of Labour Law No. 14/2004, employers can dismiss workers without giving them a prior notice or an end-of-work reward in the following cases:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Question 6
Is it legal to rent one’s own trade register to others, or is it contrary to law, please explain?
Answer
Act No. 25/2005 of the law regarding the Trade Register indicates that without prejudice to any more severe penalty provided for by the law, it is punishable by imprisonment for a term not exceeding six months, and a fine not exceeding fifty thousand riyals, or either of these penalties, any person who is registered in the Commercial Register, if he enabled others to exploit his commercial registration. It also bans others, the exploitation of commercial registration not owned by them, or falsely mentions such article in the commercial register. The Court rule is to erase the registration from the commercial register, and the closure of the shop, or stop its activity for a period not exceeding one year.
Question 7
How can an employer notify the employee of the administrative retribution or disciplinary action, and what is the solution if the worker is absent from work or refrains from receipt of the notification?
Answer:
Labor Law No. 14/2004 indicates to the need for the employer to notify the employee about the action against him in writing. If the employee declines receipt of the notification the penalty can be announced in a visible place in the workplace and, if the worker is absent he/she can be informed through registered mail at his address mentioned in his file .
Question 8
A hotel worker.... asking about the legality of what is happening with his colleagues, says that whenever a staff member resigns from work, he/she is to pay the equivalent of twice the monthly salary while he is supposed to receive those benefits by the end of their service. He is surprised that his colleagues pay double their salary to the employer if they are to resign, and therefore wishes to be informed of the procedures to be followed when submitting his resignation.
Answer
Article No. 49 of the Labor Law No. 14/2004 refers that the worker and employer may terminate the contract without giving any reasons. If the employment contract of indefinite duration, provided that the party wishing to terminate the contract is obligated to notify the other party in writing as follows:
1.
2.
For other cases, notification is directed in accordance with the following dates:
• If the length of service less than one year, notification period shall be at least one week.
• If the length of service is more than one year and less than five years the duration of the notification is at least two weeks.
• If the length of service is more than five years the duration of the notification is at least a month.
Employer must pay the worker full wages for the duration of the notification, if the worker had operated as usual.
For workers who are paid annually or monthly, a notice is sent before termination of the contract not later than one month if the service is five years or less. If the duration increases to more than five years, the notice period is at least
two months. If workers are indicted in crimes that damage their reputation.
If workers absent themselves for seven successive days or 15 separate days without a logical reason. If workers assault their colleagues. If workers assault their employers or managers. If workers are caught drunk or
on drugs. If workers reveal the secrets of their employers. If workers do not do the jobs stated in their work contract If workers act in ways that endanger their co-workers If workers commit mistakes that cost their employers a huge amount of money, but this makes it necessary for employers to file a report about the incident immediately If it turns out that workers have presented fabricated documents
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