By Dr Nizar Kochery/Doha
QUESTION: I worked with a private company in Qatar for more than 10 years. Since the hike in visa charges a few years ago, the company had been deducting an amount from my salary every year for visa processing expenses. Where could I take up the issue and get reimbursement from my previous employer? I have salary slips which show the deductions.
AF, Doha
ANSWER: Any arbitrary deduction from the salary is illegal. As per provisions of Qatar’s Labour Law under Article 70, any part of the wage to which the worker is entitled may not be attached and the payment thereof may not be withheld except for the execution of a judicial decision. Accordingly, the deductions made are not in compliance. The worker may seek the Labour Department’s assistance.
Complaints from former employers
Q: I am now employed in Dubai but before that I was working with a private company in Doha. I left the Doha firm after proper notification. But since my Dubai employers operate a company in Doha, I used to visit Qatar now and then. During a recent trip to Doha, I received a call from authorities that I must leave the country on a complaint of my past employer. Both companies are in the same business. What’s the law in this? While leaving Qatar I have signed a final settlement and there was clause in it that said Article 43 would apply. What’s Article 43?
GU, Doha
A: Article 43 provides employer the right to stop an employee working for a competing company in Qatar for a maximum of two years after termination of employment. According to the provision, if the nature of the employee’s work is such that he interacts with clients and/or learns confidential information about his employer’s business then the employer may require that the employee does not compete against or work for a company that competes with the employer after termination of his contract.
Holding worker’s passport is illegal
Q: My employer is holding my passport and despite many requests it’s in their custody. I need my passport for obtaining visa for a business trip. Also, the passport’s validity is about to finish. Can the employer hold the passport?
HY, Doha
A: Employers must return the passport to their expatriate employees when the residency procedure and the renewal processes are completed. Article 9 stipulates that the sponsor shall hand over the passport or the travel document after the completion of the procedures of the stamping of the residence permit or its renewal, to the sponsored. Violation of the provision shall be punishable by a fine not exceeding QR10,000 under Article 52.
Exit permit rules for expatriates
Q: I came to Doha on a business visa of a prospective employer. Two months have been completed since then. Now I am not interested in working with the company. I want leave the country. My passport and return ticket are with me. The company’s general manager is not in town and I have no contacts with the Qatari partner. Can I leave now? Do I need exit permit?
RG, Doha
A: You require an exit permit to leave the country. As per law on exit regulations, foreigners except women who are under the sponsorship of the head of their families and the minors and visitors whose period of visit doesn’t exceed 30 days are not allowed to leave the country whether temporarily or finally except after getting exit permit from the sponsor.
Error in calculation
Q: We were litigants in a case and it seems that there is an error in calculation of the judgement sum. What will be the effect of that? How could this be rectified? The decision is in our favour and only the amount is incorrect. Will this invalidate the whole judgement? Please advice.
UB, Doha
A: Validity of the judgement shall not be affected by what would occur of mere clerical or accounting errors. The court shall undertake to correct whatever happens of such errors in its judgement by a decision issued of its own initiative or upon submission by one of the litigants. Litigants may move for the court which has pronounced the judgement to elucidate what has occurred in its pronouncement of ambiguity or obscurity.
Commercial companies law
Q: We are partners in a limited liability company and one of us is the manager appointed by the articles of the company. A salary is being paid to him. Without our knowledge he has formed another company in his wife’s name with the same activities and acting as its general manager. Is this legal? Can we take action against him? His name is in the CR as signatory. The company had incurred huge losses too. Please advice.
TH, Doha
A: The relevant provision is Article 243 of the Commercial Companies Law. Prior approval of the General Assembly is mandatory to hold managerial position in a competing company or one with similar objects, or conduct commercial dealings which compete with or are similar to those of the company’s business, whether for his account or for that of a third party. Hence there is clear breach and action could be initiated to compel him to pay compensation.
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LEGAL SYSTEM IN QATAR
The maximum hours of work except otherwise to prevent huge losses, accidents, maintenance or to remove effects caused by losses or accidents is 10 hours and the minimum overtime rate is 25%.
For work between 9pm and 3am, 50% of the salary is the overtime rate. Shift workers are not entitled for this. Except those working on duty shift, for work on holiday, alternative day of leave shall be provided and shall be compensated at the rate of 150% of salary.
Provisions of overtime, work hours are not applicable for those working at senior positions, provided such positions bear the same authorities as that of the employer.
Provisions on hours of work are not applicable to the following categories:
1) Employees engaged in preparation or completion of a project, before or after duty timings.
2) Employees working as security guards and janitors.
3) Other employees whose categories are decided by a Ministerial Decision.
4) Maximum work hours will be prescribed by the Minister.
The employer shall display at all main entrances used by employees and at prominent locations at offices and workplaces, a timetable stating the duty hours, rest periods and weekend holidays for all categories of staff. Similar notification must be filed at the Labour Department too.
The employee is entitled to holidays every year for Eid al-Fitr (three days), Eid al-Adha (three days) and Qatar National Day (one day). In addition to these holidays, workers are entitled for three more days of casual leave. If circumstances require an employee to work on these days, provisions of overtime shall apply.
According to Emiri Decree No 80 for 2011, second Tuesday of February in each year will be National Sports Day. It will be a holiday for all ministries, government departments and public sector institutions as well as the private sector. Companies shall organise sporting activities on this day for their employees to participate in.
Articles 79, 80 and 81 lay down annual leave benefits. Employees who complete one year of service with an employer shall be entitled to paid annual leave of not less than three weeks for employees who work less than five years and four weeks for those who worked more than five years.