Need frank Advice & help !!!!!!!

lonsky_nardo : thanks bro for your valuable points and gud advice. Now, this friends contract has finished and his company does want to send him for vacation and they are forcing him to accept only leave salary benefits and not providing ticket allowance. Also, manager informed my friend that if they will block him entire GCC if he goes for vacation. Now, this is strange and worried thing. what he shud do now ? can company simply block him in entire GCC for no fault ? this palestine management is big scuker.

To XTC. In my opinion. article 51 speaks only of your right to "end service gratuity benefits" and not for any damages. Meaning, if you terminate the contract against your employer because of the reasons mentioned, you still have the right to be paid your end service gratuity. This is of course if you filed a notice in writing as per art. 49. But if you resigned, its another story.

In addition, be sure that a copy of the notification letter be received and stamp by the secretary for your evidence that you have already given notification to your company. With this evidence together with the evidence for harassment you can now cease to work and claim for your gratuity benefits with the company.

Under Article 49, the employer will notify the employer in writing that he wants to terminate his contract.

Article (49)

If the service contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:-

1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination if the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.

2. In all other cases the notification shall be given in accordance with the following periods:

A) If the period of service is less than one year the notification period shall be at least one week.

B) If the period of service is more than one year and less than five years the notification period shall be at least two weeks.

C) If the service period is more than five years the notification period shall be at least one month. If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.

Meaning the agrieved party shall write a letter to the employer that he is now terminating the contract by reason of article 51 (2). So depending on the type of contract whether definite or indefinite. If his contract is definite contract say 2 years and he has worked for less than 1 year then his notice will be only for 1 week. If more than 1 year then two weeks notice to the employer.

thanks a lot for ur advises. but where he will have to go terminate his contract....is it Labour court ?? His company management is from Palestine...he offered them bribe also to release him but they r not approving. Also, will it take more days from Labour court to finalize his matter ?

Gud point noted out above by "XTC" also. thanks

This Article (51) clearly mentions that the fault is with the employer. In this case, can the employee demand a financial compensation for the damage? Let's says someone resigned from his old job to come to Qatar but then this employer do the no. 1 and no. 3.

Im sorry suppose to be no. 2. Commits an immoral act.

Under Qatar Labor law, you can file a "Termination of Contract" when there are grounds for termination. Not resignation but termination of contract.

Article (51)

The worker may terminate the service contract before its expiry. date if the contract is of a

definite duration and without giving reasons for the termination if the contract is of an

indefinite duration and retains his full right to obtain the end of service gratuity in the

following cases:

1. If the employer commits a breach of his obligations under the service contract or the

provisions of this law.

2. If the employer or his responsible manager commits a physical assault or immoral act

upon the worker or any of his family member.

3. If the employer or his representative has misled the worker at the time of entering into

the service contract as to the terms and conditions of the work.

4. If continuance with the work endangers the safety and health of the worker provided

that the employer is aware of the danger and does not take the necessary steps to

remove it.

The case of your friend falls under no. 3. Hope this helps.

The company is not obliged to give you an NOC. You can resign anytime, but read the terms of your contract first.

You can go to labour court and file a grievance

You can terminate any contract with the agreed notice period unless the contract states the opposite. You can then leave Qatar and come back after two years, You don't have a 'Right' for NOC. The UN calls it 'Modern Slavery',