QUESTION: In my company if someone goes on vacation and extends his stay (after getting the management’s permission, of course), his salary is deducted for double the days he has extended on his return. For example, if a staff member goes for 30 days leave and he sends a mail to the company, asking to extend it for another seven days, 14 days of his salary is deducted after his return. Is this legal as per Qatar’s Labour law? What is the procedure of extending holidays?
SZ, Doha
ANSWER: Though there is no obligation on employers to pay employees their normal pay for periods of absence, deduction of double salary against authorised extension of leave is not legal. Employers can only deduct salary for reasons allowed under the authenticated disciplinary regulations and also required to do so by order of a court.
As per Qatar Labour law, employees can be fined for disciplinary reasons, including absence, with pay deduction.
Under Article 61 (9) if the worker absents himself from work without legitimate cause for more than seven consecutive days or 15 days in one year the employer may terminate the services of the worker without termination notice and benefits.
Arbitration regulations
Q: Is there a specific time for arbitration? How long can an arbitrator prolong the decision? What action can be taken if the arbitrator delays the decision?
ST, Doha
A: As per law, award should be issued within the time specified in the arbitration agreement or within three months. If not made and the parties do not agree to extend the time limit, then either party may raise the matter in the Qatari courts.
The party may make an application for the claim to be decided on its merits, request the court to set a new time limit, or in the event that this condition was not met yet an award was made, request an order for the award to be deemed void.
Articles 197 and 207 are relevant. Where there are more arbitrators the award must be given by a majority vote. The award must be in writing and be filed with the court within 15 days. Failure to do so creates grounds for an application to declare the award void under Article 207 of the Law.
Gratuity entitlement
Q: I worked as the finance manager in a company in Doha on a one-year contract which ended on July 25. My employer does not want to pay me any gratuity which is due on that day, when my annual leave begins. The company insists that I spend my annual leave in Qatar and I will be paid the gratuity at its end. Is this legal? At the time of contract my salary was QR7,500, subsequently it was raised to QR10,000. Do I need to renew my contract to show the increased salary?
MCM, Doha
A: Upon completion of a year of continuous service, the employee will be entitled to three weeks annual leave and have the liberty to spend the leave period in the country or outside.
With regard to gratuity, though the employee will be entitled to a gratuity after completing a minimum of one year of continuous service, the same will be payable only on the termination of employment contract.
Renewal of employment contract is not necessary for every salary revision. A revision in salary by a certificate signed by the authorised signatory of the company will be enough for legal purposes.
Safety apparels
Q: What are the obligations of the employer in arranging safety precautions to its employees at construction sites? For providing safety apparels, should the employee bear any contribution?
AK, Doha
A: Article 100 of the Labour Law stipulates that the employer may not burden the worker with or deduct from his wage any sum in return for providing Safety apparels or implementation of guidelines issued by the department of Labour.
The guidelines describe all kinds of hazards and safety precautions that construction companies and workers are obliged to follow.
Accordingly, companies must provide specific safety helmets to their workers, such as insulated ones for those working on electrical installations, aluminum helmets to prevent injuries from debris flying off burning metal near smelters and while welding, copper helmets with cotton padding against radiation and anti-stunning helmets for all other works, as prescribed by the Civil Defence Department.
To minimise the risk of falls from heights, workers are to be provided with safety belts that should conform to international standards while safety gloves of different kinds are to be issued to workers engaged in different kinds of works such as electrical, chemical and heat as well as those working with sharp of abrasive material.
Those exposed to hazards such as flying objects, toxic gases and environment where oxygen content in the air is low are required to wear specific masks.
To protect workers against flying debris anti-stunning safety glasses conforming to specifications prescribed by local authorities to be provided. Eyewear with side holes made of glass or transparent plastic lenses should be provided to workers prone to injuries from chemical splashes.
Glasses with different dark shades are to be provided to workers who are exposed to heat radiation that can affect their cornea or retina and are mandatory for those working near furnaces and other such equipment that work on or generate intense heat.
Welders are required to wear plastic and fibre-glass face covers along with dark glasses, while working to protect themselves from heat and intense light.
At sites where noise levels can be high, companies are required to provide workers with ear-buds made of soft rubber, ear covers and anti-noise helmets.
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LEGAL SYSTEM IN QATAR
In case of competition between pre-emptors, the use of the right of pre-emption shall be in accordance with the order set above. If there is competition between pre-emptors belonging to the same rank, each of them shall be entitled to pre-emption in proportion with his share; however among neighbours, the one whose property benefits from pre-emption more than others shall be preferred.
If the purchaser fulfills the terms required by the previous article to become preemptor, he shall be preferred to the holders of said right belonging to his rank or to a lower rank, but those of an upper shall come before him.
In case several persons pre-empt, the entitlement of each to pre-emption shall be proportionate to his share.
Article 923 describe on when pre-emption cannot be exercised. Accordingly pre-emption cannot be exercised if the sale is made by public auction in accordance with the procedure prescribed by law; if the sale is made between ascendants and descendants, between spouses or between relatives to the second degree; if the person exercising pre-emption exercises his will expressly or implicitly that he does not wish to buy under the terms of the sale; and if the property sold is destined for religious purposes, or to be annexed to property already used for such purposes.
However a waqf cannot exercise the right of pre-emption.
If a person acquires a property which may be subject to pre-emption and sells it prior to registering the will of the preemptor to pre-empt, pre-emption can only be exercised against the second purchaser and subject to the conditions upon which he has purchased the property.
A person cannot take part of the sold property except when there are several buyers. He shall be entitled to take the share of some and to leave the remaining shares.
Article 926 stipulates that either the seller or buyer of a part of a common property shall notify the remaining partners by a registered letter with a note of delivery notifying them of the sale.
The letter shall contain the names, surnames and domiciles of the seller and buyer; an adequate description of the sold property; and price amount and sale conditions otherwise it shall be null and void. This letter shall be deemed conclusive evidence of the knowledge of the sale.
