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Legal Corner: Types of leave under labour law

February 01, 2012 - 9:55:09 pm

Prepared by Abdelaal A Khalil Legal Consultant

The Qatari Labour Law stipulates the right of the employee to take leave with full payment. There are various types of leave. The law points out that the worker deserves the right to take leave with full payment for three working days during Eid al-Fitr, three working days on the occasion of Eid al-Adha and one working day on National Day, in addition to the right of the employee to take leave for three working days specified by the employer, and this right is renewed every year. The Department of Labour says that the employers must enable the workers to enjoy these holidays and the workers can demand the same and not waive the leave. If the circumstances of work demand the worker to work in any of these holidays, the employer must pay the workers for the additional hours which must not be less than the basic wage payable for normal working hours, plus an increase of not less than 25 percent of this remuneration.

With regard to the second type of leave the workers and employees must get under the provisions of the Qatar Labour Law, it stipulates that a worker who spent in the service of the employer a full continuous year has the right for an annual leave with payment and this must not be less than three weeks for the worker whose period of service is less than five years, and not less than four weeks for a worker whose period of service is five years or more. The employee is entitled to a leave for the fractions of the year, for the time he spent in the service.

The agreement on the duration of annual leave is done through an employment contract concluded between the employer and the worker and the date of the worker’s leave is set by the coordination between the two parties according to work requirements. The employer with the consent of the worker can fragment the leave provided that it must not be fragmented into more than two periods. The employer, on the basis of a written request from the worker, can postpone half of the annual leave of a year to the following year.

The purpose of the leave is to grant the employee rest so he could ease himself and relax without the routine of daily work. The benefits for the employee are freeing him from the pressure of work, the restoration of his activity and the regeneration of his energy to continue his work and perform his functions to the fullest. In order to achieve these results, the law has not allowed workers to waive their right of annual leave and decided that any agreement on this between the parties is void. The law added that the worker has the right to receive a cash allowance equivalent to his wage for the days of leave due to him if the employment contract ended for any reason prior to receiving it.

It must be noted that the annual leave is divided in material part and timeline part. The material part represents the cash return for the employee and is calculated on the basis of his basic wage on the day of maturity of leave multiplied by the actual number of days of leave.

The timeline part represents the actual days spent by the employee on leave.

Therefore, the annual leave is called paid leave. The periods of annual leave received by the worker during his tenure with the employer are calculated within the period of his service at the time of settlement of end of service benefits.

Therefore, the worker shall have a right to get a cash allowance equivalent to his wage for the due days of leave. These days shall be added to the duration of his service.

The cash equivalent is only to achieve the principle of equality between the person whose work contract ends and shall be exhausted to the balance of his annual leave and the person whose work contract ends and he still has a balance of his annual leaves.