end service benefit
Hi,
I would like to get valuable advise from some one who knows about the Qatar Labour Law as well as the technical criteria about the following;
I joined a reputed company in qatar on 2008 and worked till 2011 Nov.
During this period, based on the management decision to reduce the administarion expenses. they terminate me as one of the high pay along with some other collegues on Dec 12,2010. later before the releaving date, they extend my service for three months and again after three months they expend for six month and on Nov 2011, I was releived based on my request.
The Company paid my end service benefit till Jan 12,2011. That is upto the termination date. but they are not willing to give the benefit for my additional period.
I would like to know whether i was eligible to get my ESB for this 11 months extension period.
I kindly request some one to give a proper advise about this matter.
Thanks & Regards
KB
simple answer is no.
u could have done the said above BEFORE u signed the papers stating that u have nothing pending on the company.
every employer, when giving u ur end of service gratuity make u sign disclaimer document that say that there are no more pending financial issues between you and the company.
Simple answer is yes. Also they should pay you the difference for your whole contract if your salary increased based on last salary drawn. Under Qatar Labor law your contract would be considered continuous.
I agree with shaktimaan, 100% correct
Expiry / termination of the contract
The expiry of a contract is dependent on the nature of work. For instance, if the subject-matter of the contract is based on completion of a certain task, the contract may expire on completing the task.
On the other hand, if the work is susceptible of being renewed and if the work is being continued as per the contract, the contract will be considered as having been renewed for similar periods, as per the agreement of two parties.
The employee can terminate the service contract prior to its expiry date, if the contract is of a definite duration, without giving reason for termination of contract. However, if the contract is of an indefinite duration, the employee can obtain end of service gratuity, if the employer commits a breach of his obligations, under the service contract, or if the employer commits a physical assault or immoral act upon the employee, or if the employer does not adhere to the terms and conditions of the work, or if the work endangers the safety of the worker and the employer does not initiate any measure to remove it.
The employer, on expiry of the service contract, will have to provide the employee with a service certificate, free of charge, indicating his date of employment, type of work he performs, and the amount of wage he was receiving. The employer should also return to the employee the documents and certificates which the employees submit to the employer.
On termination of the service of the employee, the employer is liable to bear his cost of return to his home country, or to any place agreed upon between the parties. The employer shall complete the proceedings of returning the expatriate employee within a period of not more than two weeks from expiry date of the contract.
However, if the employee joins another employee before his departure from the State, then it is the duty of the new employer to bear the travel expense of the employee.
Gratuity
Apart from any sums which the employee is due to receive of expiry of service, the employer also will have to pay the end of service gratuity to the employee, if he/she has completed employment of one year or more. This shall be agreed upon by the two parties, provided, it is not more than three-week wage for every year of employment. The employee will be entitled to gratuity depending on fractions of the year, in proportion to duration of employment. The gratuity will be calculated depending on last basic wage.
You are supposed to get your gratuity from date of your signed contract till the time of end of service.
EXAMPLE
This Gratuity Calculation is only base in Qatar Country
(Basic Salary Per Month) Divide into 30(number of days in month) X 21 Days = 1 Year Gratuity Bunos
Like for example:
If your working for 5 years and your basic salary is 4,500 Qatar Riyals then this is the computation
In Qatari Law, 1 year end of service will be payed 21days salary. Basically this how it goes.
4500 Qatari Riyals(salary per month) divide into 30(days in a month)= 150QR X 21days(1 year end of service gratuity)= 3,150 Qatari Riyals
3,150 Qatari Riyals X 5(years you work)= 15,750
(Your Gratuity in 5 years if your salary is 15,750 Qatari Riyals)