Is there a difference in calculating an employee's end of service gratuity when it comes to termination vs resignation? And can an employee be terminated without receiving any written warnings?
The gratuity is the same for both cases. I think they can terminate you without giving you any notice period. Before signing any papers to to Labor and check with them regarding this. See if you can sue them.
The gratuity is the same for both cases. I think they can terminate you without giving you any notice period. Before signing any papers to to Labor and check with them regarding this. See if you can sue them.
It is important that every employer, from the outset, outlines the condition of service in the Contract of Employment to avoid ambiguity in interpretation. Service gratuity payment crystallises when the employee is disengaging from an organisation either at his volition or prompted by the company.
When an employee is relieved of his appointment by the company without any alleged misconduct, then the gratuity payment will be higher than when an employee disengages voluntarily. In both circumstances, there is a condition that is formally called 'in lieu of service' which is usually inserted in the Offer Letter that either party will give specified period of notice or payment of certain sum to secure termination or resignation. If your appointment is terminated, there is an assuage payment but if you resign on your own, then you will be expected to relinquish part of your gratuity.
An employee's appointment may be terminated without written or even verbal warning depending on the gravity of the misconduct. This would have been stated in the Employee Handbook given to every employee. In almost all organisations; stealing, fighting, immoral conduct, divulging confidential business information, etc, would usually attract outright termination without warning by the organisation.
There are provisions in Qatar Labor Law that forfeits the gratuity entitlements for specific reasons as stated in the law. Generally, there should be no difference in computing the gratuity as it is based on your employment contract (no. of days entitled).
Notice period is required except when you are still on probation. However, company may opt to pay you for the notice period and terminate immediately.
Please note that you need to review your contract and company policies as well.
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The gratuity is the same for both cases. I think they can terminate you without giving you any notice period. Before signing any papers to to Labor and check with them regarding this. See if you can sue them.
The gratuity is the same for both cases. I think they can terminate you without giving you any notice period. Before signing any papers to to Labor and check with them regarding this. See if you can sue them.
PROFOUND VIEW FOR COMMUNITY KNOWLEDGE
Hi,
1. Yes. 2. Yes.
It is important that every employer, from the outset, outlines the condition of service in the Contract of Employment to avoid ambiguity in interpretation. Service gratuity payment crystallises when the employee is disengaging from an organisation either at his volition or prompted by the company.
When an employee is relieved of his appointment by the company without any alleged misconduct, then the gratuity payment will be higher than when an employee disengages voluntarily. In both circumstances, there is a condition that is formally called 'in lieu of service' which is usually inserted in the Offer Letter that either party will give specified period of notice or payment of certain sum to secure termination or resignation. If your appointment is terminated, there is an assuage payment but if you resign on your own, then you will be expected to relinquish part of your gratuity.
An employee's appointment may be terminated without written or even verbal warning depending on the gravity of the misconduct. This would have been stated in the Employee Handbook given to every employee. In almost all organisations; stealing, fighting, immoral conduct, divulging confidential business information, etc, would usually attract outright termination without warning by the organisation.
Wilson
Would that employee be entitled to any sort of compensation for the remaining contract duration upon termination?
There are provisions in Qatar Labor Law that forfeits the gratuity entitlements for specific reasons as stated in the law. Generally, there should be no difference in computing the gratuity as it is based on your employment contract (no. of days entitled).
Notice period is required except when you are still on probation. However, company may opt to pay you for the notice period and terminate immediately.
Please note that you need to review your contract and company policies as well.