Gratuity from what year is should be calculated.
I work with the company from 1997 todate, i resign and going this july. how much should i get End of service pay if;
a. 1997 contract is silent about end of service pay (it does not say anything about it).
b. in 2004 i need to process visa for my child, in that day i need a contract so the company did provide me a contract with date back of joining to 1997, which says that gratuity "WILL BE PAID". these document was signed and stamped by labor dept. in 2004.
c. again in 2006, same thing is required for another child, but these time gratuity "AS PER QATAR LABOR LAW"
the company says end of service pay only start on 2005/1/1, thus i got only from 2005. is these correct.
your input/comments is or will be highly appreciated.
Irrespective of it is written in your Contract or not, the company has to pay the gratuity to you before cancelling your RP.
Article 54 of Qatar Labor Law:
"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 last basic wage shall be the base for the calculation of the gratuity."
You employer shall bear the repatriation cost too.
Article 57 of Qatar Labor Law:
"Upon termination of the service of the worker the employer shall at his cost return him to the place from where he has recruited him at the commencement of the engagement or to any place agreed upon between the parties."
The contract is errevelant as labour law is over and above the contract. You should get gratuity from day 1 of your service. If the company does'nt ablige you can go to the labour department and complain
thanks for the replies, can you clarify
a. where in labor law it says from day one (1997), not 2005.
b. i have my 1997 contract with me, english-arabic with stamped. it does not SAY ANYTHING ABOUT EOS.
thanks again.
its from the day you joined and based on ur current salary ..
as per Qatar Labor Law, EOS will be calculated from the day you joined, so if you can show your contract in 1997, you have your proof. it should be arabic
From day 1 , whether you have a contract or not doesnt matter. Labour law over rules all the contracts.
They should pay you from the day you are hired.
cheers