By Nizar Kochery/Doha
Question: I am working in a private company in Qatar for the past 3 ½ years. My salary has not been raised until now. I approached the company many times but there was no response. Is there any legal way I can ask for a salary hike?
SA, Doha
Answer: The terms and conditions of employment including wages, increments, etc; are regulated by the employment contract agreed between the employer and employee. Though the Labour Laws stipulate minimum entitlements and the employer and the employee are not allowed to agree on any terms below the minimum prescribed by the law, the Labour Laws do not specify any minimum wage, periodic wage increment or revision. The employment contract and policy regulations of the employer will be the basis to decide on wage matters. As per law, when the number of employees exceeds ten, the employer should prepare the employment regulations and get them authenticated at the Labour Department for effectiveness in the organisation. Once authenticated and published in the organisation this employment manual becomes part of employment contract and anything relating to wage will be applicable to the employee. At present there is no legal way for wage revision.
Limited contracts for specified duration
Q: What are limited term contracts and unlimited term contracts? How can one know if the contract is limited or unlimited? How is a limited contract renewed? How is an unlimited contract terminated?
TS, Doha
A: Limited employment contracts are contracts for a specified duration with specific commencement and completion dates. In unlimited contracts the employee will continue to work for the employer from a specific date till such time as the employment contract is terminated. A limited contract cannot be for more than five years. It can however be renewed on mutual consent for a similar or lesser period. The employment will terminate at the end of the contract period.
However if both parties have continued to apply the contract after the lapse of its original term or completion of work agreed to, without an express agreement, it should be understood that the original contract has been extended under the same conditions except for condition regarding its duration.
The unlimited contract may be terminated on a mutual agreement by either of the parties by giving the other one month notice of termination if the service period is less than five years and two months when the period of service exceeds five years. In the event that no notice had been given, the person who ought to have given the notice must compensate the other with the payment of wage in lieu of the notice period.
Bank can file case against borrower
Q: I have a live bank loan. However, my company is terminating me without any reason (not because of my issues). What will be the consequences I face? Can a company terminate an employee who has a live bank loan? If yes, does employee have any right to ask for an NOC from the company? Do banks have any credit shield for their loans? What steps will the bank take? What are the rights of the employee under this situation?
AB, Doha
A: The bank may file a case against the borrower pressing its rights and, once the case is filed, it may request the court to prevent the borrower from travelling. Loan contract is independent of the borrower’s employment and the borrower will be legally obliged to repay the loan as per the terms of loan. Regarding sponsorship transfer and NOC, the employee has no legal right even when the employee owes money to the bank or otherwise.
National Sports Day is additional holiday
Q: Qatar Labour Law sets out ten days of public holidays which are applicable to most private sector employees. Is the National Sports Day in February included as one of the three employer specified public holidays or is it an additional day thus giving most private sector employees 11 days public holiday per year?
LG, Doha
A: National Sports Day is an additional holiday. According to Decree No 80 of 2011 published in the Official Gazette on January 15, 2012, the sports day will be a national holiday with a difference for all ministries, government departments and public sector institutions as well as the private sector. The decree provides that ministries, government departments, public sector institutions as well as other organisations, including those in the private sector, shall organise sporting activities on this day for their employees to participate in. Qatar’s National Sports Day will be held on the second Tuesday of February every year.
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LEGAL SYSTEM IN QATAR
According to Article 688, if, in the course of execution, it is established that the contractor is performing the work in a manner that is defective or contrary to the agreement, the employer may formally give him a notice by registered mail to alter, within a reasonable period fixed by him, the manner in which he is performing the work. If after the expiration of such a period the contractor fails to adopt the proper manner of working, the employer may either demand revocation of the contract or he may ask the court to authorise him to execute the work at the cost of the first contractor if the nature of the work so requires.
Immediate revocation of the contract may be demanded without it being necessary to grant any delay, when rectification of the defective manner of performance is impossible. In all cases, a judge may reject the demand for revocation if the defect in execution or violation of the contract is not likely to undermine to a great extent the value of the work or its fitness for the intended use without prejudice to the right to compensation if there are grounds therefore.
Under Article 689, if the contractor delays in proceeding with the execution of the work or completion thereof so as to render impossible to properly execute it as required within the agreed period of time or if he pursues an avenue indicating his intention not to perform his obligation or does any act that is likely to make impossible the performance of such obligation, the employer may request the revocation of the contract without waiting for the date of actual handover.
If an item is destroyed or damaged because of a sudden accident or force majeure before its handover to the employer, the contractor shall not demand the agreed consideration nor the refund of the costs thereof unless the employer commits at the time of destruction or damage a breach of his obligation to be handed over the work.
