Help! Need labor law expert advice
This is the situation: Two of my fellow co workers were terminated on the grounds of negligence of duty. They had their breaktime more than they are supposed to (They have one hour breaktime but they were out 2 and 4 hours - reason is not important although they are not the only ones at fault)
My question is:
1. Is it legal to terminate them for negligence of duty? This is their first offence, but no warning whatsoever. They work as receptionist / concierge officers.
2. They are both localy hired, but the company will not give them NOC. Is this legal? They were with the company for almost three months only.
These two persons are very good at their work, they were just ill-adviced to admit the mistake they are not the only ones responsible. Any expert advice will be highly appreciated. Thanks
By the way, I dont think your employer/boss/management is that stupid if the incident happened once. =)
Labor Law (State of Qatar)
First:
Article (39)
The employer may terminate the contract within the probation period if it has been proved to him that THE WORKER IS NOT CAPABLE OF CARRYING OUT THE WORK provided that the employer shall notify the worker thereof before at least three days from the date of termination.
Second:
(Regarding NOC)
NOC or sponsorship transfer is at the DISCRETION of the MANAGEMENT. There is no specific provision in the Labour Law which is binding on the sponsor or management to give NOC to an employee.
Piece of advice buddy:
Were your friends even thinking that during probation period they should be the most careful? If I am your employer buddy, I will do the same thing: terminate them!
By the way, I dont think your employer is that stupid to terminate them if the incident happened just once. =)
Illegal or not, they deserve to be terminated. Did they come here to work, or what?
If this happened within their first six months on the job, I would it is perfectly legal.
the labor law establishes a probationary period of up to six months.
Absolutely legal. What were they thinking? Idiots!
They were on their probationary period and can be terminated during that time for ANY reason. Sorry, they are goners.