contract canceled after illness

unjoe
By unjoe

I signed a contract for a senior level position with a Qatari company. Before I was to arrive in Doha to begin the job I had a serious medical issue that required several doctors and tests to determine what was wrong. I notified the company that I would be delayed and sent them a surgeon's letter and medical documents, but only 11 days after the verbally agreed starting date, confirmed by email (no starting date was written into the contract) the company canceled the contract. When I completed my therapy five weeks later and was well again (and still within 12 weeks of the agreed starting date) I notified the company but they refused to reinstate the contract. Article 82 of the Qatar Labour Law says an employee cannot be terminated until after 12 weeks on sick leave and only with a doctor's certification that he or she cannot perform the job. This never happened. Article 82 refers only to paid leave which can only be granted after three months of employment. My situation does not seem to be covered by the Labour Law as it was unpaid and after signing but before beginning the job. Has anyone heard of a similar situation? The position has still not been filled and I believe I am still entitled to it.

By nfiqbal• 15 Dec 2012 09:36
nfiqbal

Snce you have not entered in Qatar so u r not entitled to anything legal against the company . Even in your contract there is no probation period mentioned your company can send you home within three months period . I suggest that you find another job and let it go as you cannot force and you are not entitle to any obligation from this company . Dont waste more time let it go.....

By qatarisun• 15 Dec 2012 09:17
Rating: 4/5
qatarisun

1. it was not a contract, it rather was a job offer.

2. and yes there is a probation period, as per Qatari law, it’s either 3 or 6 months.

3. as it was stated, the employer has rights to terminate even your duly signed (and authenticated with the Government!) contract at any time, with no reason. So they obviously have rights to cancel their offer on this initial stage.

4. You have no work visa, no RP, no any other document. All you have is an agreement regarding your position and compensation.

5. It's not about your 11-days delay. They simply don't want to deal with your "serious medical issue that required several doctors and tests..". High medical insurance is involved, work flow is affected. They need someone to work 24/7 with no any medical conditions. Sorry, but this is a business.

Summary: as it was stated, you have no legal rights to object this cancellation. They simply changed their mind, and nothing can be done.

Sorry dude, but it's time to move on.. unless they will reconsider their decision, if they want... but again, it has nothing to do with law.. it's entirely at their description.

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Kristidwdq

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By Enigma• 15 Dec 2012 08:32
Enigma

the situation: you not yet join in company so in any level of law you can't be win.

just forgot your contract.

By marycatherine• 15 Dec 2012 07:34
Rating: 2/5
marycatherine

The contract never happened because all are contingent on your undergoing and passing the medical and police checks HERE. You never even got into the country, let alone on the agreed upon date.

You don't have any legal recourse as you never actually were hired according to Qatari labour code (meaning you never got a work/residency permit).

By stealth• 15 Dec 2012 06:40
stealth

isnt it better than coming over here and sending you back because of medical conditions

By unjoe• 15 Dec 2012 04:03
unjoe

No of course I am not asking for sick pay. I want the contract reinstated if it was canceled illegally. I am looking to know if anyone knows of a similar case.

By unjoe• 15 Dec 2012 03:49
unjoe

There was no probation agreed in the contract so that does not apply. The contract was canceled after 11 days not five weeks. I am talking about law not morals. I am looking at the law. Not emotions. I already have legal advice that the contract is still valid. If you do not know the law please don't respond. Under what law did they cancel the contract? It was a definite contract so a reason is needed.

By fubar• 15 Dec 2012 02:57
fubar

Are you trying to imply that the employer has some moral obligation to offer you the job you never started? Or pay you sick leave for a job you never had?

I'm not sure what advice you are seeking, but if you are trying to say that the employer should hire you again I'd say you are being rather optimistic.

By Mandilulur• 15 Dec 2012 00:34
Mandilulur

Five weeks late? Oh, goodness, no chance at all, I'm afraid. They had to cancel your visa application and may well have a hard time getting another one approved for a subsequent applicant. They won't be real happy or accommodating at this juncture.

Mandi

By anonymous• 14 Dec 2012 22:54
Rating: 3/5
anonymous

Forget it. You did not even start so you have no standing under Qatari labour law. Even if you did start they can terminate you within the probation period with immediate affect without giving a reason. Time to move on

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