Daughter Terminated from Work without any reason
Hello QL friends, I just want to ask a question regarding what my daughter experienced here in Qatar. She was working in an establishment here in Doha and was suddenly terminated by her employer without any reason together with her other batch employees. They were fetched in their area of work and were immediately sent home with their plane tickets deducted from their final pay. Is this legal? Shouldn't the employer give a one month's notice before doing this? Should they pay their own tickets?
Another question I want to ask is, can I sponsor my daughter back here in Doha as I am on a Family Status Visa. Thanks and good day...
Hey guys, no probs.. We should all help each other and its always my pleasure if am able to help anyone :)
Okay, if they have finished probation, then the case is much stronger and its in your favor. Please do collect all the related info and provide me on [email protected], leme go through it and will get back to you.
Cheers
Thank you very much Mr. Blueboy007 for your very essential information, I will coordinate with my daughter to collate all circumstances together with her co-employees who were sent home without any cause and were not able to finish their contract periods. By the way, they have satisfied the 6 month's probationary period. Thanks again and I hope you can guide and help us win our case. Warm greetings.
Great information Blueboy007. TFS
Definitely there will be a reason ......
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Wed, 26.03.2014 , 07.13 hrs ........................................................................................
Ya one more thing, company can terminate contract( limited or unlimited) based on Article 61 of Qatar Labor Law which says:-
Article (61)
The employer may dismiss the worker without notice and without payment of the end of service gratuity in the following instances
1. If the worker assumes a false identity or nationality or submits false certificates or documents.
2. If the worker commits an act which causes gross financial loss to the employer provided that the employer shall notify the Department of the incident within twenty four hours from the time of his being aware thereof.
3. If the worker violates more than once the written instructions of the employer concerning the safety of the workers and the establishment despite his being notified in writing of the violation provided that these instructions shall be written and posted up in a conspicuous place.
4. If the worker fails more than once to carry out his essential duties under the service contract or this law despite his having been notified in writing thereof.
5. If the worker discloses the secrets of the establishment where he is employed.
6. If the worker is found during the working hours in a state of drunkenness or under the influence of a drug.
7. If the worker commits an assault on the person of the employer, the manager or one of his supervisors in the work during the work or by reason thereof.
8. If the worker repeats his assault on his colleagues in work despite his being warned in writing thereof.
9. If the worker absents himself from work without legitimate cause for more than seven consecutive days or fifteen days in one year.
10. If the worker has been finally sentenced for a crime involving immorality or dishonesty.
But again I would insist, you guys have full right to ask for explanation of termination and based on which article of law have they been terminated. Even in case of Article 61(above), they cannot process such termination without following proper company internal investigation procedure, a copy of which should be given to employee and company has to send one copy to Ministry of Labor. If they have not followed this process, then article 61 cannot be applied on employee and will be deemed null and void. I strongly suggest you approach Ministry of Labor and seek their assistance.
As per the law, employer can terminate unlimited contract without giving reason of termination. They have the power to terminate contract but ensure criteria is followed. Below points should help you although you have not provided full info, will try to assist you anyways:-
-Was she in probation period? Company can terminate contract in probation period by giving 3 days notice. Probation is max 6 months. If they have terminated her after probation, then they have to give 1 month notice period or 1 month salary in lieu of notice period.
- What contract she was having? Limited or unlimited ? Unlimited contract can be terminated by either employee or company by giving 1 notice period or 1 month salary in lieu of notice period. Termination in probation remains the same as above.
If she was on limited contract, company cannot terminate contract as per their wish. Even if they want to terminate the contract( after completion of probation I mean), company has to pay salaries for the remaining period of contract.
No matter whether contract is limited or unlimited, company has to pay return ticket cost as per the law. its illegal to deduct ticket money from settlement.
You can sponor your daughter but she will be banned from work for 2 years( plz double check with immigration). For sure you can bring her on visit visa of 6 month etc.
Hope this info will help you. Speak to the company if they want to settle the issue amicably and provide you enough info on termination, else , please contact Ministry of Labor immediately, for sure they will give you your payment rights.