End of Service Benefits

Daania
By Daania

Hi Good day,

i have a query with regards to end of service benefits (ESB) i worked in a private company for 4 years i signed a contract which is open contract without mentioning the ESB. as per Local Qatar Labour Law Article 54 i am entitled for now.

my question is should i go to labour office if my management don't care about that?

Appreciate your response on this thank you

see the article below:
Article (54)

In addition to any sums to which the worker is entitled to upon the expiry of his service, the employer shall pay the end of service gratuity to the worker who has completed employment of one year or more. This gratuity shall be agreed upon by the two parties, provided that it is not less than a three-week wage for every year of employment. The worker shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment.

The worker's service shall be considered continous if it is terminated in cases other than those stipulated in article 61 of this Law and is returned to service within two months of its termination.

The last basic wage shall be the base for the calculation of the gratuity.

The employer is entitled to deduct from the service gratuity the amount due to him by the worker.

By Daania• 27 Jun 2012 11:21
Daania

hi i just received an information from our accounting that the ESB will implented only starting Jan 2012, i started to work with since 2008 which means if my company saying 2012 only i lost my work service from 2008-2011 is this is correct? means the company policy not the qatar law. please need an advice thanks

By android• 26 Jun 2012 22:35
Rating: 5/5
android

I believe they will ask you to sign clearance certificate for the company stating that all the dues have been paid to you, before handing over your tickets and other documents.

If it doesn't mentions your ESB, then you can refuse to sign that document, til you get all your dues.

Usually companies try to get this letter to safeguard themselves.

By jiane karyll• 25 Jun 2012 22:21
Rating: 4/5
jiane karyll

IS THAT AN ANSWER TO THE QUESTION MR.

hashim moideen

IS THAT AN ANSWER TO THE QUESTION MR.

hashim moideen

IS THAT AN ANSWER TO THE QUESTION MR.

hashim moideen

IS THAT AN ANSWER TO THE QUESTION MR.

hashim moideen

By anonymous• 25 Jun 2012 19:05
Rating: 5/5
anonymous

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By Daania• 25 Jun 2012 17:37
Daania

cherukkan and jojo thank you for your reply. cherukkan sorry for confusion i know the local labour contract (the one from left english and right side arabic) just need to locate my copy. the open contract im referring to is my company have its own format of contract for duration up to me and the company if my work is ok then i can stay, only the ESB part it didnt mention there when i signed the contract when i joined, and then the new hire now they indicate in the company contract the ESB.

i have another question if i will go to labour department do you have an idea how long it will take to have an action for this as i was planning to leave Qatar end of this June. well just hoping my company will pay me so that no more problem.

thank you

By Jojo Mathews• 25 Jun 2012 16:35
Rating: 5/5
Jojo Mathews

There is no doubt about this your company has to give your final settlement. As per the labor law if you have a valid work permit with our company they have to give 21days of basic salary for one year. So you were suppose to get 84 days of your basic salary for 4 years. Plus Air ticket, if you have any balance leave days that has to be paid for those days.

If suppose 4000 was your basic salary you have to get 133.33*84 = 11200QR.

By cherukkan• 25 Jun 2012 15:57
Rating: 5/5
cherukkan

I don't understand what sort of open contract you are mentioning in the post. Normally all Companies should furnish a copy of the contract agreed by both (Employer and Employee) in the Labor Department to get your RP stamped. One copy each should be with the Employer and Employee. As per the ESB clause of the Employment Contract End of Service benefits should be clearly explained. Please double check with your HR Department what is agreed on this clause and if they are not providing you th ESB you can approach the Labor Dept.

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