By Nizar Kochery /Doha
QUESTION: I am an Indian national working with an Indian school as a teacher. I am in Qatar under my husband’s sponsorship. I would request you to clarify the following:
* Does the teaching profession fall under Qatar’s Labour Law or is it covered by a separate law? Are there different laws for the directly-hired employees and locally-hired ones by the school?
* Three months prior to end of each academic year, the school authorities circulate a memo to teachers to mention their willingness or unwillingness to continue the service. Last time when I received the memo, I expressed my unwillingness to continue in the service because of personal matters. When I joined the school, my husband, as my sponsor, gave a “no-objection certificate” to the school authorities. Since I have decided to resign, is it mandatory for my husband to inform the school authorities about the withdrawal of the no-objection certificate issued earlier?
* The school authorities don’t normally pay the end-of-service benefits and the last-month’s salary to teachers at the time of leaving their job. They pay the dues only upon numerous follow-ups and visits to the school. In this case, where should I complain to get the dues without any delay? (the Supreme Education Council, National Human Rights Commission, Labour Court or at CBSE New Delhi?)
* Also, the school doesn’t issue service certificates to outgoing teachers. As per the prevailing law, can I get a service certificate as proof of my teaching experience?
* The school doesn’t give us a copy of the employment contract; the only proof we have is the salary transfer to the bank.
JN, Doha
ANSWER: Except those categories of workforce specifically excluded under Article 3, Labour Law is applicable to all employees in Qatar, including teachers irrespective of the place of recruitment. The specific category of workers excluded from its applicability are those with the ministries and other governmental organs, public institutions, corporations and companies which are established by Qatar Petroleum by itself or with others, the workers whose employment affairs are regulated by special laws, domestic workers etc.
Being an educational institution, a school is functioning under special sanctions from various regulatory bodies like Supreme Council of Education, CBSE, etc unlike other commercial activities. Hence the rules, regulations and guidance issued by such regulatory bodies need also to be complied along with Qatar Labour Laws.
Article 54 provides entitlement for gratuity. The provision of law makes payment of gratuity mandatory. Gratuity shall be payable to those employees with one or more years of continuous service unless otherwise there is summary dismissal on reasons under Article 61. Withdrawal of no-objection issued by your husband is not required while resigning from services.
Article 38 stipulates worker’s right to receive copy of the employment contract authenticated by the Labour Department. The “common practice” of non-payment of last month salary is not legal and on your request employer should issue a service certificate free of charge.
Though taking up the matter with Regulator is not prohibited, the appropriate authority is Labour department.
Jurisdiction of courts
Q: How is pecuniary jurisdiction of the courts in Qatar estimated? For a claim how do we decide the court? What are the chances for submission of the dispute in English? How is the court system in Qatar?
OL, Doha
A: In general the courts of justice are divided into lower criminal court and the higher criminal court; lower civil court and the higher civil court; the court of appeal and the court of cassation. Arabic is the official language in the courts and all documents to be translated into Arabic.
However, the courts will hear evidence given by non-Arabic speakers and witnesses through an interpreter. The lower civil court hears and decides on all civil and commercial cases in which the disputed amounts of money not exceeding QR100,000. The higher civil court hears and decides on all civil and commercial cases above the said sum.
Sick leave entitlement
Q: We are working with a private company in Doha. Currently we are not getting any assistance for medical need. What is the law for sick leave for employees working with a private company? Does the company have the right to deduct salaries of employees if they take a day off even after informing their superiors? What sick leave benefit can an employee avail of if he is into the fifth month of his probation?
PU, Doha
A: Sick leave is determined as per Articles 82 of the Labour Law. The worker shall not be entitled to any paid sick leave during their first three months of employment. If the worker has completed more than three months even during the probation period in the continuous service of the employer and falls ill, he shall be entitled to sick leave. Subject to approval of the sickness by the medical practitioner approved by the employer, such leave shall be calculated as: the first two weeks with full pay. The next four weeks, with half pay and any subsequent periods are without pay.
An employer may terminate the services of a worker after absence for a period of 12 weeks due to sickness if the worker is unable to resume his work within that period; in this case the worker shall be entitled to the indemnity in accordance with the provisions of Article 54 of the law.
Where a worker resigns from work by reason of illness before the said 12 weeks of his sick leave have elapsed and the medical practitioner designated by the employer agrees with the cause of his resignation, the employer shall pay him the remuneration due in respect of the remainder of the sick leave availed of.
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LEGAL SYSTEM IN QATAR
If the employer refuses to take the prescribed safety measures or in case of any possible hazard that threatens the workers’ health or safety, the Labour Department will inform the Minister to issue a decision on the partial or complete closure of the workplace or stop the operation of one or more machineries unless the cause of the danger is removed. Workers will be entitled for full wages during the period of closure or termination of operations.
Worker is also under obligation to enhance safety at work. The worker shall not carry out or refuse to carry out any task with the intention of hindering the implementation of the employer’s instruction regarding protection of the workers’ health and safety, or with the intention of destroying or interrupting the functioning of any device or equipment meant for this purpose.
The worker shall use protective equipment and clothes meant for this purpose provided by the employer and shall follow all the instructions aimed at protecting him/her from injury and disease.
If a worker dies during performance of his work or due to it or affected by a work-related injury, the employer or his representative must report to police and the Labour Department immediately. The report shall include the name of the worker, age, profession, address, nationality and a brief description of the accident and its circumstances and measures taken for rescue or treatment. On receiving the report, police shall launch an investigation.
The police, immediately after the conclusion of the investigation, shall send a report to the Labour Department and a copy to the employer.
The worker shall be paid full wages during the period of medical treatment or for six months whichever is less. If the period of treatment exceeds six months, the worker shall be paid half of his wages until cured or proved to have a permanent disability whichever is sooner. Worker is entitled for full medical expenses.
The amount of compensation for work-related death shall be determined in accordance with the Islamic Shariah. The compensation for partial disability shall be determined on the basis of percentage of disability indicated in the schedule attached to the Law.
Workers’ right to compensation shall be deprived on reasons such as: worker deliberately injures himself; was intoxicated or under the influence of drugs at the time of the injury or death, and that was the real cause of the injury or death; deliberately violates the safety instructions of the employer or grossly neglects them; refuses, without justifiable reason, to undergo medical tests or to follow the medical treatment prescribed by the concerned medical authority.