FORCED WORKING HOURS .
Hi ,
I have been asked by my company to work for 12 hours 6 days a week with no breaks in between. And no overtime is being paid. As per my contract it doesn't mention any thing about the working hours . I literally ended up with severe health conditions where am literally finding it hard to move . I have really no idea what to do about this. I work for a construction firm. Most days i leave work at 4 am in the morning where I complete 20 hours of work . Kindly advise
Atlast , i have resigned from work .It was really a hard decision for me ,as the job market is bad, considering my health situation . But still am forced to work 16 + hours 6 days a week even after my resignation, or else my present company would not issue my NOC . I have learned my lesson well. First time working under threatening conditions . Probably i got another 30 days of suffering, if i still sustain . #SLAVERY EXIST #FORCED LABOR .
Also when there is a complaint in the ministry of labor or if there is a labor related case in the courts, your sponsor CAN NOT cancel your visa, the ministry of labor will systematically block your visa number from being cancelled. Your employer can however chose to not renew your RP when it expires but your visa will still be valid.
@acchabaccha what you stated is not true, the ministry of labor can transfer you to a new job without NOC from the employer under certain circumstances - things like breach of contract, not getting paid for overtime or delayed salaries.
Making someone work for more than 10 hours per day is illegal and it qualifies as a valid reason for the ministry of labor to transfer your visa without requiring it from the employer.
NHRC will not be able to get you a release with NOC. Giving a Release and NOC is totally at the discretion of the sponsor.
The last time I had posted about long working hours at my work place . So I have decided to go to NHRC. These days my working hours have gone up to 18 to 19 hours daily , and this is really taken a huge toll on my life . If I go ahead and compliant to the NHRC , will they be able to secure me a release with NOC from my present firm
Honestly , here is what i think of labor laws here . Its just for western , european and international companies . And , these companies really do abide by the rules, and are employee friendly and treat employees with humanity . Local companies don't .
According to labor law, anything above 48 hours/week is overtime to a maximum of 60 hours/week (10 hours/day), anything other than that is considered invalid even if it is mutually agreed upon.
Human Rights will do almost nothing in this case, they will tell you to go to the Ministry of Labor, where they will ask you to file a complaint, upon filing a complaint, they will give you an appointment within a week where you will sit with the Ministry of Labor representative and the company representative in hopes to come to an amicable solution. If during the meeting you can not come to an amicable solution, the Ministry of Labor will transfer the file to the court, in which case you have to actually go to the court and pursue the case. This is all free and costs no money other than QAR 25 for the QPost to fill the court form, the company will probably retaliate by terminating you, but as long as there is a court case, they can not cancel your visa and they have to renew your rp as per law, but they might kick you out their residence. In a situation where there is a case in court, the Ministry of Labor can give you a temporary "NOC" for you to work in another company if you found another job, until there is a judgement in your case. As long as you have undisputed evidence of your working hours, you will get your rights in court, and you can also ask for unlawful termination compensation if your contract is of limited duration ONLY if it is open ended you are not entitled for anything other than your actual working hours and promised benefits.
But this takes some time. If the case goes to court, it takes about 1 month after filing the case to get your first hearing, which most likely the company will not show up to in order to force an extension, the court will schedule a second hearing approximately 1 month after that. On the second hearing the company has to show up to court and if they don't the trial will proceed even without them, but in the second hearing if they do show up they are allowed to ask for 1 extension which is usually granted and a 3d hearing is scheduled approximately 1 month after that.
This is how far my personal case has gotten for unpaid overtime. I first filed my case in January 2018 to the Ministry of Labor, my 2nd hearing was 2 days ago where the company asked for an extension and now the 3d hearing is on May 3 2018, where I was told that on that day the judge will decide whether the evidence submitted is enough to make a judgement or if there is a need to hire a court-appointed expert to look into the case.
It is very important that in case you file a complaint you still HAVE TO SHOW UP TO WORK, even if your employer tells you other wise, even if he takes away your tools for work etc. unless they officially hand you a termination letter. This is very important; If you do not show up to work you will be forfeiting all your rights as per law and giving your employer a valid reason for termination.
Everything in this post is based on my personal experience, some things might be different for others. But hopefully this can be of help for people going through the same thing.
Good luck
But if I go to human rights , I would end up losing my job and my visa . They are well connected and the management is run by a certain nationality ,who are pioneers in this kind of extermination camps and torture. All my years of hard work would go wasted . Any ways I have told them , cant be doing the 12 hour shift . I got to see what happens next . fingers crossed . Thank u all for advises .
You can definitely report the matter to Human Rights Committee and they will step in to stop this inhuman treatment. But the sad part is that your company may retaliate by cancelling your visa and sending you home. Such an action is taken by companies of this type to send a message to other employees of the company and this allows them a free hand to continue to do whatever they want to.
In your situation, however, I suggest you do report the matter to Human Rights Committee as you are suffering mentally, financially and health-wise. I guess there is a limit to endurance.
@Cinderellagelina: Man's inhumanity to man
i m so sorry to hear that
and you are not the only one who has this condition n facing these situation..
u have right to go to human right
and especially its not written in your contract
hope u get ur right.
my prayer goes to people who get abuse from their company
doha situation is getting worse for now and some employer abusing to some of their employee...
take care and check google where the human right place where u can report .. do it mister
Go to the Human Rights Commission - They cannot and should not do this