Female workers too entitled to all benefits
By Nizar Kochery/Doha
Question: What protection do the laws of Qatar provide to foreign workers in respect to wages, working hours (winter / summer), off days and terminal benefits and repatriation? Also does the Qatar Labour Law mention anything about the of service benefit for locally hired females, who are under the sponsorship of their husbands?
HG, Doha
Answer: There is no minimum wage law or regulation in Qatar. However on working hours and weekend off days effective provisions are available. The maximum hours of work per week are 48 and a day is eight hours excluding the lunch break. During Ramadan the working hours are reduced to 36 per week/six hours per day. The law provides one interval of between 1-3 hours or more for prayer, rest or meals. Also it is stipulated that a worker shall not work for more than five consecutive hours and Friday is the weekly rest day for all workers except shift workers. If required to work on weekends then the worker is entitled to overtime payments. During the summer months, the Labour Ministry normally sets out permitted working for those working outside.
In the matter of end of service benefit, after one year’s continuous service, the employee is entitled - unless summarily dismissed - to at least three week’s salary for each year of service. The Labour Law requires that men and women in the same workplace be given equal pay for equal work. All forms of pay are covered including salary, overtime pay, vacation and holiday pay and the end of service benefits. Accordingly female employees, though they are under the sponsorship of their husbands are entitled to end of service benefits.
Upon end of the service of the worker, the employer shall at his own cost return the worker to the place from where he was recruited or to any place agreed upon by the parties. The employer shall complete the proceedings of returning the worker within a period not exceeding two weeks from the expiry date of the contract. If the worker joins another employer before his departure from the state, the obligation to return him to his country or other place shall shift to the other employer.
Employer can impose penalties
Q: This question is on penalties imposed on employees. Do Qatari courts have the power to reverse the action of an employer? Is it mandatory that the employer should indicate the reason in the warning letter? Does the employer have the power to forfeit the end benefits even after 17 years as a penalty and also to deduct one month salary as punishment?
AS, Doha
A: The courts have the powers to examine the reasons provided by the employer in order to determine whether the reason is relevant to the work or not. The courts usually use their discretion in understanding the merits and circumstance of the termination - usually by the facts presented by the parties in light of the Employment Law and any other regulations or guidelines set by employers. The courts have the final say in case of dispute. Article 59 lays down penalties that may be imposed upon the employees. A warning shall be issued in writing to the employee and shall include the nature of violation and a caution against repeating it, stating clearly that the employee may face severe penalties if repeated. On reasons under Article 61 the employer may terminate the employment without payment of the end of service benefits. The employer shall not deduct salary of more than five days as a punishment to the employee.
E-mails can be used as evidence
Q: How far are e-mail contracts valid in Qatari courts? We have made a contract through e-mail but now there is a dispute between us. In the absence of signed agreements how can relationship between parties be established?
JU, Doha
A: When investigating the relationship between the parties, the courts have the discretion to look beyond the literal wording of an agreement between the parties and to examine the intention of the parties. Unless proven otherwise, e-mails should enjoy due evidential weight, and will be considered as an original copy and will be admissible as full evidence once the transmission of the e-mail from the sender to the recipient is proven. The contents of e-mail correspondence can in themselves provide evidence of binding agreements between parties. The contents of e-mails cannot be disputed unless the concerned party denies its issuance or signature, or if it is proven that what is produced does not match the original. The fact that the parties have not physically signed an agreement is not necessarily relevant as e-mails can be used as conclusive evidence to support what was agreed between parties.
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LEGAL SYSTEM IN QATAR
Before imposition of any penalties the employee must be informed in writing about any penalties. If the employee refuses to accept such a notification, the employer must display the same at a prominent location at the place of work. If the employee is absent from work, the notification shall be sent by registered mail to their address mentioned in the personal file.
The employee has got appeal rights against any penalty before a court. Prior to appealing, the employee shall approach the employer within seven days from the date of being informed of the penalty to seek a review. If the employer does not respond to a request for such a review within seven days of the application, it shall be viewed as a refusal by the employer and the employee may approach the Department for a review. The Department shall respond to such requests within seven days upon receipt of the application and the Department’s decision on the matter will be final.
The employee may also appeal against termination from service before a competent court. If the court finds that such a termination was baseless and was in violation of the provisions prescribed by this law, the court may revoke the termination order and permit the employee to work again, with a right to lost pay during the period or suitable compensation. The compensation will be calculated on the basis of the salary and perquisites that are drawn by the employee but were stopped due to the termination.
The employer and employee must agree on wages in the contract and the employer must make the payment as stipulated therein. Payment of wages for workers appointed on annual basis shall be paid once every month and once every two weeks for others. The payments shall be handed over to the employees in person, on a working day and during duty hours and at regular places specified by the Department. The salary and other payments due to the employee should be paid in Qatari currency.
Regarding wages the contract is the basis and if the salary is not stated in the contract, the employee will be entitled to payments according to work regulations in the company framed as per the law. If the salary or wages are not specified in the work regulations, the employee is entitled to an equivalent payment as offered for similar work within the establishment. The custom prevailing in the country for similar jobs also could be considered and in the absence of any guidelines the judge in an appropriate court may calculate the entitlements.
Disbursement through bank account is permitted and the employer shall be considered as having cleared the salary only after having remitted it to the bank or, the employee or his representative have signed in the records of having received it or on the receipt.
