Sponsor’s approval must for transfer

By Nizar Kochery/Doha

QUESTION: I am a specialist doctor with valid licence from the Supreme  Council of Health (SCH) working at a private polyclinic in Doha on a two-year contract which expires on February 25. My employers wish to retain my services and make a new contract but they are not willing to raise my salary and perks. I have better offers from some other private polyclinics in Doha. They are ready to appoint me on a higher pay scale and have also issued offer letters to that effect. Can I accept the new job offers after I complete my job contract with my present company by working upto the last date of the contract ?

HD, Doha

ANSWER: When the term of contract is for two years, it is for two years only. However, an employee is not allowed to work for another employer other than the employer from whom he received sponsorship as per sponsorship laws. Transfer of sponsorship can be made only through a written agreement between the ex-employer and the new employer after being approved by the authority concerned.

Accordingly, unless otherwise officially transferred to another employer, working even for such prospective employer will be in violation of the laws. Since transfer is solely at the discretion of the current employer, transfer of employment will be possible only with the assistance of the current sponsor.

If the contract has not been renewed and the parties thereto continue to abide by it after expiry of its duration without an explicit agreement, the contract shall be considered to have been renewed for unlimited duration on the same conditions provided for therein.

End-of-service benefits compulsory

Q: Is there a special law for gratuity for foreigners in Qatar? I was surprised when my company’s officials told me the Labour Law does not stipulate 21 days end-of-service gratuity, and they told me they did not believe what was published in newspapers. Is there any way to prove there is an article in the Labour Law to calculate the gratuity for 21 days for every year, as my company is asking for proof or a copy? To whom and where should I go to fight for my rights of entitlements?

KI, Doha

A: Article 54 of the Qatar Labour Law - Law No 14 of 2004 - provides that end-of-service benefits, otherwise called gratuity, shall be payable to those employees with one or more years of continuous service. The gratuity level shall be agreed upon between the employer and employee, but must be no less than three weeks’ basic salary per year of service. It shall only not be payable in instances of summary dismissal as set out in Article 61.

Two-year gap for taking up new job

Q: Is a no-objection certificate (NOC) mandatory even if I complete the stipulated current contract for joining elsewhere in Qatar with a different sponsor? I have one month’s leave left along with the leave salary. Can I resign after availing of these during my leave period? Can my present employers refuse to grant me the terminal benefits and leave salary, air tickets etc? Is it possible to come back to Qatar on a visit visa with family and get a new work visa from a new sponsor if they agree? Please suggest a way out since my present employers are not in a mood to grant me NOC. Please also let me know my options.

AD, Doha

A: According to Article 4 of the sponsorship laws, expatriate workers are allowed to come back to Qatar to take up job with another company only after a two-year gap counted from the date of departure of a worker. Though entry under family status will be possible but engaging into employment will not be legally possible.

If not supported by no-objection certificate granted by the former employer, the prohibition will continue for the unexpired period of ban and moreover subject to visa regulations only one can undertake employment assignments. Regarding accumulated leave, termination and terminal benefits: upon termination of employment contract, the employee will be eligible for terminal benefits, prorate leave entitlements and repatriation travel arrangements. For termination of contracts, notice procedures to be followed.

Seek amicable solutions

Q: On January 1, I signed a four-year employment contract with my employer. The contract stipulates that I have to undergo a three-month probationary period starting from January 1 to March 31 and pay six months’ salary in compensation if I violate the contract. If I resign before the end of my three-month probationary term (March 31) what are my obligations and liabilities to my employer? Is the six-month compensation legal? Do I need to give them notice?

GT, Doha

A: The contract is usually the main legislation ruling the relationship of the parties. However, the Labour Law states that any term shall not be considered if it violates the articles of law which are there to protect the employee’s interest. However, in respect to the probationary period, as per the context of the labour law, the employer shall only be permitted to dismiss the employee within the same period and only with three days prior notice, and the same will not be considered as an arbitrary dismissal.

Article 51 provides the instances where an employee may leave before the end of a fixed-term contract or leave without giving notice under an unlimited duration contract and still retain the right to  end-of-service benefits have been extended to include circumstances where the employer is aware of and has not taken steps to rectify circumstances where the continuance of working would endanger the employee’s health and safety.

Therefore, seek amicable solutions and apply resignation in a friendly manner, so that if the employer agrees to the same, then the employment relation will be considered cancelled by mutual agreement.

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LEGAL SYSTEM IN QATAR

In case of a dispute between the worker and the employer concerning the ability of the worker to resume work or on any other medical issue related to injury, disease or prescribed medical treatment, the Labour Department shall refer the issue to the concerned medical authority whose decision shall be considered final. The right to claim compensation for disability or death will be time barred after one year from the date of the final medical report confirming the disability or death.

The employer must pay the compensation on disability within a period not exceeding 15 days from the date of the disability or from the date of announcement of the result of the investigation proving the disability as work-related. In case of death the compensation must be deposited at the court within a period not exceeding 15 days from the date of death or from the date of announcing the result of the investigation confirming the work-related death.

The court shall disburse the death compensation amount to the inheritors according to the Islamic Shariah or the personal statute of the deceased. The amount will be returned to the State account if no claimant emerges within three years from the date of death. Every six months employers must forward details of work-related injuries and diseases to the Labour Department. A format for this purpose will be issued by the ministry.

Article 103 speaks about amenities like sanitation, ventilation, lighting, clean drinking water, drainage system at the workplaces according to the regulations of the concerned agencies. A ministerial decision shall define remote areas and the employer who appoints workers from these places where no regular means of transport are available, shall provide the following services such as adequate means of transport or adequate accommodation or both, clean drinking water, adequate nutrition or means of obtaining it.

The employer who employs between five and 25 workers shall maintain at an easily accessible and prominent place a first aid box with medicine and equipment to be specified by the concerned medical authorities. A trained worker shall be assigned to provide the preliminary medical assistance. If the number of workers exceeds 25, each group of five to 25 workers shall have a first aid box, and if the number of workers exceeds 100, the employer shall appoint a full-time nurse in addition to providing the required number of first aid boxes. If the number of employees exceeds 500, the employer shall set up a clinic, manned at least one medical practitioner and a nurse.