Temination & Dispute
Hello frnds,
I have a scenario with with me, can anyone give me correct solution to this in accordance with Qatar Labour Law.
Employee is working for a company for past 5 years, he doesn't have any mis conducts in his record till last week. Last week he get involved in a major fight with his colleague and he got terminated from the employment services on 5th of october 2009. Does the company oblige to pay him his notice pay and any further payment from 5-Oct-2009? Company is going to pay him Leave Pay, Gratuity (he earned till 5-0ct-09) and his air ticket to home country. What’s your view on this? If the employee challenges for his termination & notice pay in labour court; what would be the expected outcome of this challenge from MOL.
Inviting your comments on this....
Article (49)
If the service contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:¬
1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination. If the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
2. In all other cases the notification shall be given in accordance with the following periods :
A) If the period of service is less than one year the notification period shall be at least one week.
B) If the period of service is more than one year and less than five years
the notification period shall be at least two weeks.
C) If the service period is more than five years the notification period shall
be at least one month.
If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.
Article (50)
The employer shall pay the worker his wage in full for the notice period provided for in the preceding article, if the worker performs his work in the usual manner during the said period.
The employer shall give permission to the Qatari worker to absent himself from work for reasonable times to enable him to register his name in the register of the Department in order that the worker can avail himself of new employment. The worker shall notify the employer of the new employment immediately on obtaining thereof and shall continue with the work thereafter till the expiry of the notification period.
____________________________________________________
It is better to keep silent and be thought a fool than to speak and remove all doubt
Does anyone know any science Tutors teaching grade 8?
You can file a complaint with the labor department. They will still deport you, but atleast you'll get your money. Qatari Labor department is very strict on employers in paying employees their proper compensation. You get one month notice (paid) whereby they may choose to have you work it, or give you the amount and tell you to leave. Also, your end of service compensation for each year worked with the company as well as any due vacation days you may have left. All these can be claimed and SHOULD be claimed (unless you plan to try to find another work here in which case you'll get your money but they will find a reason to deport you). Good Luck!