QUESTION: My contract stipulates gratuity at the rate of four weeks for every full year. Nothing is mentioned about prorate. I have completed five years and 11 months of service. The company terminated me and in the settlement it is mentioned gratuity at the rate of three weeks and that too only for the completed years. Please advise.
QR, Doha
ANSWER: In the employment contract, the company has agreed to pay gratuity at the rate of four weeks per year. Accordingly you are entitled to the benefit at the rate of four weeks for every full year and prorate for 11 months. Article 54 provides that End of Service Benefits shall be payable to those workers with one or more years of continuous service. The benefit level shall be agreed upon between the employer and worker, but must be no less than three weeks’ basic salary per year of service. The worker shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment. Article 4 guarantees minimum entitlements.
Companies must bear hiring charges
Q: Our company is deducting QR400 from the employees’ salaries, although according to the Labour Law employers are not allowed to deduct anything from their employees’ salaries, except if the employee has taken an advance payment. The company does not give pay slips and the only thing we have is a copy of the contract and the statement of account where the company transfers the salary every month. I had various correspondences too in this regard. The deduction is against recruitment expenses in Manila. The company said it would finish such deduction after 18 months. What should I do regarding this?
TS, Doha
A: All recruitment expenses should be borne by the employer. The employer does not have the right to charge the worker any amount to cover such expenses. If the issue is not settled mutually, the worker can file a complaint with the Department of Labour submitting all related correspondence. The Department will then summon the company to settle it amicably. If that too fails, the dispute may be referred to a court. In such cases, the worker should not be hesitant or fear any penalty. The situation of the worker is justified and any penalty shall be against the employer for violating the law.
Weekly holiday is mandatory
Q: Is there any official and legal weekend in Qatar? In our company there is no weekend. The off day is up to the management and is not regular. The company asks us to take rest at site office and is treated as off hour. There is no overtime also. Please advise.
LT, Doha
A: As per Labour Laws, the employee shall be allowed a weekly paid rest which shall not be less than 24 consecutive hours. Friday shall be the weekly rest day for all workers with the exception of shift workers. If the circumstances of the work necessitate the employment of the employee during the rest day the employee shall be compensated for the rest day by another day and shall be paid for working that day the wage payable to him for the ordinary weekly rest day or his basic wage plus an increase of not less than 150%. With the exception of shift workers a worker shall not be required to work more than two consecutive Fridays.
Personal loan for business
Q: A co-worker while starting a business took a personal loan from me. When I ask for repayment he gives excuses. He says the money invested in business and that I can take from the business. There are other partners also in the business. I now understand the company going for liquidation. What action can I can take and what’s the law?
AB, Doha
A: Under Article 12 of the Companies Law, a personal creditor of any partner shall have no direct right against funds invested by the partner in the company’s capital. However, a personal creditor shall have a right of execution against the partner’s share in the profits of the business as stated in the company’s financial accounts. Personal creditors will, however, on the winding up of the company, have a right of execution against monies received by the partner after the company debts have been settled. Where the partner’s capital is represented in shares, a personal creditor shall have, in addition to the said rights, the right to demand the sale of such shares in order to recover his rights from the proceeds of such sale.
Sponsors can’t keep workers’ passport
Q: My passport has been with my employer since my arrival. It is not given to me to even make a copy. I am not sure about the expiry date also. Can the employer keep the passport of the employee?
CM, Doha
A: The sponsor must return the passport to the expatriate when the residency or its renewal procedures are completed as per provisions of the Sponsorship Law. Retention of passport is violating the law as the passport is a ‘personal document’ and no one is allowed to retain it other than its holder. Retaining the passport means an objection to travel and limitation to the person’s freedom and such an authority or order can only be made by a court, not any ordinary person.
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LEGAL SYSTEM IN QATAR
According to Article 796, if ownership of the insured property is transferred, the person to whom the title has been transferred shall remain liable for payment of the due installments and shall be discharged from liability for future premiums with effect from the date on which the insurer is notified by a registered letter of the occurrence of the action resulting in transfer of such ownership. If there are several heirs or assignees and the insurance contract becomes applicable to them, they shall be jointly liable for payment of the premiums.
If the insured is declared bankrupt before the expiry of the contract term, the insurance shall remain valid in favour of the group of creditors which becomes directly indebted to the insurer for the total premiums that become due from the date of handing down the judgment for declaration of bankruptcy.
Each of the two parties shall have the right to terminate the contract within a three-month period commencing from such date. In case of termination, the insurer shall refund to the group of creditors that part of the premium in respect of which no risk has been assumed.
If the insurer is declared bankrupt, the contract shall cease to be effective from the date of handing down the judgment for adjudication of bankruptcy. The insured shall have the right to a refund of the part of the premium that he may have paid for the period of the contract’s cessation without prejudice to the provisions relating to life insurance.
Cases arising from the insurance contract shall not be heard upon the lapse of three years from the occurrence of the incident from which such cases arise unless the law otherwise provides. However, this time limit shall not be applicable in case of withholding information relating to the insured risk or providing untrue or inaccurate details about such risk except from the date on which the insurer becomes aware thereof; in case of the occurrence of the insured accident except from the date on which the concerned persons became aware of its occurrence; and / or when insured’s cause of action against the insurer arises from recourse by third parties except from the date of filing the legal action by such third party against the insured or from the date on which the third party receives a compensation from tile insured.