termination without notice period..
Hi Friends,
My wife under my sponcership is working in a private company for last 2 years.she got labour card also which expired in january 2012 they didn't renew it. They didn't gave any employment contract even she asked for it.now when she asked for 2 months leave on coming summer vacation first they agreed, now they given termination letter says they are cutting down senior staff.
my question is if there is no employment contract but have labour card, is it applicable qatar labour law ? and is she entitled for leave salary with ticket for two months as well 2 months notice period salary ? any company can terminate employees with out notice period?
pls advice us... whre to go for justice..
I think I deserve a dinner from you for my free legal ADVICE.
and got d ticket fare too..
Thanks guyz for your help.As we mentioned abt qatar labour law they agreed to give leave salary, and basic pay for the notice period.
yes her salary is transfering to bank for last 1 year.
So What is the issue. you nahe all the answers to your question. just impliment those.
she have valid rp. labour card is company taking from labour dept to employ her.
If she has labor card, that means she has a contract submitted in the Labor Department, which is the main requirement for issuance of labor card. A labor card serves as work permit for women under husband sponsorship. But her problem is, her labor card had expired since January.
jezsar, Termination letter only proves that she has been working in that Company and it is not a proof for the time frame for the eligibility of benefits. If she has got a work permit there should be an agreement signed and submitted to the Labour Department and if she doesn't have a copy of the agreement she might be giving false information.
the fact that they have given her a termination letter is proof enough that she was employed in that company. go to the labour dept. 3rd floor. they will assist you,and if its possible tell your wife to go there by herself as this case involves her and her company.about the contract all she needs to say is she's been demanding it but they have continuosly neglected to provide her a copy,they will be questioned and fined as it is a complete violation from their part. labour dept opens at 7am and you must be there before 8 so they can call your employer immediately
Salary particul;ars are with the labour department when they issue the labour card.
Let us wish her good luck then.
Lucky Luciano, Whatever it is the signed receipt will be with the Employer and not with the Employee to show as a proof. Big Companies and Organizations will give a copy to the employee but I am afraid that smaller Companies are not giving copies of the receipts to their Employees. They will put the money in a small envelop, get the signature and give the envelop to the Employee.
I know of a simillar case and She got her leave salary + notice period after writing a letter to the management citing all relevent labour law clauses and mentitioning that she reserve her rights to address this isuue in an appropriate forum.
The Employer is a well known Indian Company (you know how difficult to get anything from them)
Don't you think that there should be an agreement submitted to the Labour Department which should have been agreed by the Employer and Employee for work permit approval.
Receipts given on cash transactions are stamped with company stamp which is legally proof irrespective of the signature by way of an initial.
OK so if she has the labour card and that has the company name this should also be good enough proof..however i doubt any of the benefits will be paid...or is she entitled to that?
Ahh Seasons thanks for clearing that up for me :)
smokey, you are right. He said labour card but she does require a work permit to work if she is under her husband's Sponsorship. Lucky Luciano, yes that is a proof but it will be with the Employer and not with the Employee to show as a proof. Signatures given on receipts will be most probably an initial which will not have any legal value.
Here are a few things I dont understand
1. She's working without a contract for 2 years...why?
2. She's working now with an expired "labour card" since Jan.
3. She's local hire...why would she be entitled for ticket?
4. Will this hold up in court?
Smoke, usually when some one on Husband sponsor they should get special approval from the labor department, the labor department issues them a separate card with the name of the company and so on this is called a labor card..
The person who is under the husband's sponcership is allowed to work here but should be registered with the labour department declaring the company and position she is employed with.
Cash payments are paid after obtaining signature fron the receiver which is proof for that pppparticular transaction took place.
Cheruka...he said labour card...whats a labour card? I dont have a labour card..do you? Also she's under his sponsorship which means she's here under family resident visa and not under work visa.
Guys, I dont think for such cases there will be bank transfers. I think they might have been giving her salary as cash payment for which she will not have any proof of Employment (OP to clarify).
Smokey, I think he is talking about the work permit and not about the QID.
Thanks for the translation, LL.
Cool so there you have it...proceed to the the labour department and lodge a complaint against the company.
"tell me if you go to court what proof do you have that she worked in that company for 2 year"
Getting monthly salary for 2 years from the company is ample proof of the Emoloyment under a cout of law.
If you don't have a specific labour contract, The Qatar Labour law applies (Qatar Labour Law take precedence over any employment contract)
She is entitled for leave salary + notice period as stipulated in Labour Law.
These Employers think they are so smart and try to manupulate the workers but they don't know they in for real trouble if the there is an investigation against them by the labour dept.
smoke, if she has the bank statements which prove that she received salary for two years it is assumed that she was hired. Then the Labor Law comes into force (even if the contract is not in written form).
LP is that enough to get her all her end of service benefits as asked by the OP?
She can prove it through the bank statements if her salary was transfered.
Labour card is nothing but the National ID card which every person in Qatar under resident permit must have.
Your wife's situation is different as she has worked for 2 years without a contract..that in itself should have been the first thing she asks for...tell me if you go to court what proof do you have that she worked in that company for 2 years?
Secondly your wife's ID should be renewed by you and not the company as she is under your sponsorship.