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The Labour Law No. 3 of 1962
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Part 3
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Contract of Employment
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The Labour Law No. 3 of 1962
Law Summary Record
Type:
Law
Number:
3
Date:
19/03/1962 Corresponding to 13/10/1381 Hijri
Number of Articles:
77
Status:
Canceled
Official Gazette :
Issue:
2
Offcial Journal Issue
Publication Date:
01/01/1962 Corresponding to 25/07/1381 Hijri
Page from:
2591
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Section Name
Contract of Employment
15 Article
1.
The employment contract shall specify the commencement date, type of work, location, conditions, and wage.
The employment contract shall provide for an agreed probationary period not exceeding one year. No employee shall be subject to such probationary period more than once by the same employer. This period shall be deemedpart of the employee's service.
The employment contract shall provide for an agreed training period which may vary according to the age of the employee and the type and requirements of the work to be performed. The training period shall be counted as a part of the employee's service where he continues his employment with the employer after completion of the training period. Without violating the provisions of paragraph 1 hereof, the employer and the employee shall agree on a basic salary less than the minimum salary as defined by Emiri resolution.
All work contracts, instructions, notices, schedules and other documents issued by the employer in applying the provisions of this Law shall be in the Arabic language. Translation into another language may be included in such documents, but where a disputes arise between the parties, the original Arabic text shall prevail. The director of the Department of Labour (hereinafter “the Director”) may give the employer a reasonable period of time to allow him to take the appropriate measures to implement the provisions of this paragraph 4.
16 Article
Any condition in an employment contract, even if the contract was concluded before the date on which this Law entered into force, shall be considered null and void where it includes:
An undertaking by the employee not to practice his profession or craft after leaving the employer's service.
An undertaking by the employee to work for the employer in perpetuity.
17 Article
1.
Where an employment contract is for a defined term, such term shall not exceed five (5) years. It may be renewed for an equal or shorter term by agreement between both parties.
Where the employee continues to work according to the contract after its expiry date but without an expected renewal, it shall be deemed renewed and valid but not for a defined term. In this case, the other terms and conditions of the contract shall remain in effect.
Where the contract is renewed, the renewal period shall be deemed a continuation of the original contract and the employee's service shall be counted from the first date of commencement. The applicable benefits and privileges shall accrue to the employee according to the length of his service.
Where a non-Qatari employee fails to continue his specified service before the contract has expired, and his wage was more than 300 Riyals per month, he may not work elsewhere for the remaining period of his contract and he shall leave the country. Such person shall then be subject to
Article 2
of Law No. 3 for1963 regulating the entry and residence of foreigners in Qatar.
18 Article
1.
Where an employment contract specifies no period of service, the parties may agree that each shall have the right to terminate such contract without giving reasons. In this case, however, the party terminating the contract shall be required to notify the other party as follows:
In case of employees receiving annual wages, a notification shall be directed to the other party at least one month prior to the termination date where the employee's service is less than five years. Where such service is more than five years, the notification shall be given two months prior to the intended termination date.
In other cases, the following order shall be followed:
Where the completed service period is less than one year, the notification shall be at least one week prior to the termination date.
Where the completed service period is more than one year but less than five, the notification shall be at least two weeks prior to the termination date.
Where the completed service period is more than five years, the notification shall be at least one month prior to the termination date.
Where a foreign employee notifies the employer of his intention to terminate an open contract but fails to perform his contractual duties before the date specified in the notification, or otherwise stopped working without giving notice, he shall leave the country and become subject to
Article 2
of Law No. 3 for 1963 regulating the entry and residence of foreigners in Qatar.
19 Article
1.
Except in cases stated under
Article 20
of this Law, the employer shall pay the employee his full wages for the notification period stated under
Article 18
above. The employee shall perform his duties during the notification period if requested by the employer.
Where the employee requests to continue his duties during the notification period, he shall be allowed to leave his work for a reasonable time during official working hours in order to register in one of the aforesaid recruitment offices for the purpose of searching for a new position. Where the employee finds new employment, he shall inform his current employer and continue to perform his duties until the termination of the notification period.
20 Article
The employer may dismiss an employee without prior notice and without payment of his end-of-service gratuity or other benefits in the following cases:
Where the employee has falsified his identity, nationality, documents or certificates, or obtained them by illicit or illegal means.
Where the employee's actions result in substantial material loss to the employer, provided that the employer notifies the Director thereof no later than the close of business of the next day.
Where the employee has violated the safety rules of the workplace, provided that these rules are in writing and conspicuously displayed or have been conveyed orally to illiterate employees.
Where the employee failed to perform his duties under his employment contract despite having received reasonable instructions from the employer and after having received a written warning to follow such instructions.
Where the employee violated the conditions of confidentiality relating to the entity he works for.
Where the employee is convicted of a crime committed in the workplace or related to his work, or that violates public morals and honour.
Where the employee was found drunk or under the influence of illegal drugs during official working hours.
Where the employee was physically offensive toward his employer, manageror colleagues during working hours, even though he was warned in writing to refrain from such aggressive conduct.
Where the court concludes that the employee was arbitrarily dismissed or his dismissal was in violation of the provisions of this Law, it may order the employer to reinstate the employee or to compensate him appropriately, in addition to fulfilling any other rights and benefits to which the employee was entitled according to the provisions of the law. The court shall have supreme authority in estimating the damages sustained by the employee in such cases.
21 Article
The employee may, without prior notice, stop working before the end of his contract while still remaining entitled to his end-of-service gratuity, in the following cases:
Where the employer failed to fulfill his obligations under the employment contract, or violated the provisions of this Law.
Where the employer or site manager was physically offensive to the employee or any of his family members, or perpetrated a morally indecent act against the employee or any of his family members.
Where the employer or his authorized representative acted fraudulently or with the intent to deceive regarding the work rules and conditions or type of work, provided that the employee proves such acts within one month after the beginning of his employment.
22 Article
Where the employee duly completes his service, he shall receive, free of charge, a certificate stating the type of work he carried out, the duration of his service and his last wage. He shall also be entitled to take with him any documents, certificates or tools belonging to him that he may have left behind at his workplace
23 Article
1.
Where the employee's service is terminated, the employer shall return the employee, at the employer's expense, to the place from where he was recruited or to any other agreed location.
Where the employee is a non-Qatari citizen, he shall start the procedures for his return not later than four weeks prior to the termination date.
Where the employee was first recruited by another employer and his return was to be undertaken by that first employer, but the employee moved to the service of another employer, the latter employer shall bear the costs of returning the employee upon termination of his service with him.
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