Here are some FAQs on the Qatar labour law.
( If you have a question you can ask that at the bottom of this page in comments section. If similar question is already asked we may not be answering it again )
[Q] I worked for over 2 years in a company. My employer cancelled my visa when I travelled back home, and I don’t have an NOC from him. When can I come back to Qatar? Can I come back on a business or tourist visa?
[A] According to Article 4 of the Sponsorship Law of Qatar, no work visa shall be granted to any expatriate who has already been granted a visa to work in the state until the expiry of two years from the departure date. As you do not have an NOC from your sponsor, you will only be able to return to Qatar after 2 years. A labourer can only return to Qatar after 2 years if the service contract is for a definite period and it the contract is not beyond two years. According to the Article 85 of the Qatar Labour Law, termination of employment contract during leave is not permitted.
[Q] How is paid leave calculated? Is it calendar days or working days?
[A] A worker who has completed one continuous year of service is entitled for an annual paid leave for not less than three weeks for a worker whose service is less than five years and four weeks for one whose services is more than five years. The wage at the time of the leave and gratuity at the end of service is calculated on the basis of his wage on the date of entitlement according to Article 72. All leaves are calculated as per calendar days.
[Q] Upon taking a vacation, my sponsor had asked me to not return to Qatar, and extend my vacation indefinitely. Is it possible to claim my unpaid salary, leave salary and end of service benefits? Can an employer terminate the contract when the employee is on leave?
[A] A worker may not be terminated from service or notified of the termination during any periods of leave according to the Article 85 of Labour Law. The employer may not notify the worker of the termination of contract if the notice period expires during the leave. If the service contract is of an indefinite duration, according to Article 49, any of the two parties thereto may terminate it without giving the reasons for the termination. In any case the party intending to terminate the services should notify the other party one month prior to termination in writing. Notice period can be at the least a week if the service is less than a year. A compensation for an amount equivalent to the wage for the notice period or the remaining part thereof shall be provided by the terminating party if the contract is terminated without observing these periods.
According to Article 50 and Article 54 read with Article 65, 67 and 68, you can claim the unpaid salary, leave salary, and end of service benefits like gratuity if you have worked with that employer for one year or more.
[Q] Our contract states that ‘no work, no pay’ which means we don’t get paid on leaves or holidays. Also, we don’t get paid overtime. Can we contest the statement even if we signed the contract?
[A] The maximum hours of work a week is 48 hours according to the Article 73 of Qatar Labour Law and a worker is required to work additional hours if needed, the maximum being 10 hours a day. The worker should be paid his basic wage plus 25% for any additional hours. Every worker should get a holiday per week, normally Friday, or an alternate day according to the article 75. Basic wage plus an addition of not less than 150% should be paid to the worker in case his work is necessary on Friday. According to Article 38 of the Labour Law, the Service Contract should specify the nature and type of work, the agreed wages for the work etc.. If your contract states ‘no work, no pay’ then it may be deemed to contravene the Labour law and therefore the said term may be deemed illegal as it deprives the worker from entitlements under the Law.
Important Contact Numbers
NHRC Hotline: 66626663
Ministry of Social Affairs Hotline: 44841137, 44841340, 44841959
Ministry of Labour: Department of Labour Relations: 44406546
Note: Ministry of Labour and Social Affairs receive calls from7am-2pm.
Lawyers (Labour Law) in Qatar
Ghada M. Darwish law firm
Ghada M. Darwish law firm is established by an experienced Qatari lawyer. She Works for National Human Rights Committee (NHRC), Qatar University and Qatar Chemical Company Ltd.For more information, visit www.gdarwish.com or call 44889050.
Mr.shaji an Indian lawyer from kerala, India enrolled in the high court of Kerala in the year 1999 and practicing law in various segments of legal field in India and Qatar.
NAYEF AL NAAMA LAWYER OFFICE
Bin Omran Area
Town Center Building No. 3
Floor No. 1 Apartment No. 1
MOBILE : 0097430081781
TEL : 0097444114500
Sultan Al-Abdulla & Partners
Sultan Al-Abdulla & Partners is an established legal practice, specialising in corporate and commercial transactional work and complex business litigation. Founded in 1999 by Sultan Al-Abdulla, an experienced Qatari lawyer, the firm draws its strength from the diversity of experience and perspective offered by a multinational team of experienced attorneys
Al Reem Tower, 8th Floor
Omar Al-Mukhtar Street
P.O. Box 20464
Doha, State of Qatar
Tel: +974 44 42 0660
Fax: +974 44 42 0663