Council of Ministers Resolution No. 39 of 2007 amending certain provisions of Civil Service laws which came into force by Council of Ministers Resolution no. 13 of 2001

Law Summary Record Type: Cabinet DecisionNumber: 39Date: 01/10/2007 Corresponding to 20/09/1428 HijriNumber of Articles: 6Status: In force
Official Gazette :Issue: 11Offcial Journal Issue Publication Date: 25/11/2007 Corresponding to 16/11/1428 HijriPage from: 2203
طباعة
 



The Council of Ministers,
Having perused the Constitution,
The Civil Service Law promulgated by Law No. 1 of 2001, amended by Law No. 25 of 2007,
Emiri Resolution No. 29 of 1996 on the Cabinet resolutions submitted to the Emir for ratification and promulgation,
Bylaw of the Civil Service Law issued by the Council of Ministers resolution No. 13 of 2001, and
The proposal of the Minister of State for Cabinet Affairs,
Hereby resolves as follows:

Articles

Article 1

Two phrases of «General Secretariat of the Council of Ministers» and «Minister of State for Cabinet Affairs» are hereby replaced by the phrases «Ministry of Civil Service and Housing Affairs» and «Minister of Civil Service and Housing Affairs» respectively wherever the two come in the implementing bylaws of the Civil Service Law referred above.
 

Article 2

The provisions of Articles (13), (14), (19), (27 / second paragraph), (38), (40 / last paragraph), (43), (46), (47), (67), (68), (78), (97) and (120) of the implementing Bylaw of the Civil Service Law referred above, replace the following:
 
Where the candidate for the job is Non-Qatari, a contract should be endorsed with him/her in accordance with one of the two forms attached to this law. Each party may have their own contract forms if the Council of Ministers approves it.
Each side should prepare a service file for each employee it appoints that contains all the credentials and documents of appointment, and all decisions made regarding the employee from the commencement of service until its completion.
Each file includes many sections which carry special symbols to denote the content.
 
That period may be extended to one more year at most by a resolution from the responsible minister.
 
The maximum limit for the over time duty shall be three hours in ordinary working days and eight hours in public holidays provided that the overtime allowance should not exceed (40%) of the salary of  those appointed on job grades and (20%) of the salary of contract employees and it should not exceed (5000) Riyals in all cases.
The over time limit and proportion of the deserved allowance may be increased by a resolution from the Council of Ministers based upon the view of responsible minister.
 
This allowance shall be granted as per the resolution of the responsible minister and conveyance of General Secretariat of Council of Ministers about this within one week from its issuance.
 
Government shall bear the economy class travel expenses of Non-Qatari contract employee, spouse and three children under eighteen years of age, during the periodic leave if the salary is (5250) Riyals or more or the contract agreement states so.
 
The following conditions are required to train the employee abroad:
  1. To be a Qatari citizen and complete in government service a period not less than one year. The exception to this requirement may be allowed in cases of public interest as per the approval of responsible minister.
  2. The conditions of training program prescribed for him/her shall be fulfilled.
  3. He should be familiar with the language used in the programs.
  4. Employee's last performance appraisal should be of good grade at least.
  5. The plan of Institute for Administrative Development should not include the training programs in which the candidate is an envoy.
  6. At least six months shall be passed from the last dispatch. Exception to this requirement may be allowed according to the nature of the work as per the resolution of responsible minister.
  7. The candidate must haven't participated in previous programs.
  8. The dispatch to the important training centers and institutes shall be completed as per the resolution of minister of state for cabinet affairs.
 
 
The employee delegated for training abroad cannot change the course or programs of training without approval of the authority.
 
The recommendations of Committee for Personnel development are presented to the responsible authority to issue development rules and regulations.
 
Each department where from or to the employee is transferred shall prepare the executive decisions necessary for the transfer explaining the date of transfer and job to which the employee is transferred. A copy of these decisions should be kept in service file of the employee.
The employee to be hired shall register a written consent on the approval of hiring which should be kept in the service file.
 
Where the employee falls sick and he is abroad on periodic leave or to perform an official duty, such employee has to get a medical report on health condition attested by diplomatic authority. The employee has to forward this report to the department after returning to send it to the competent medical authority for examination.
The duration of the approved sick leave which happened during periodic leave shall not be considered from it.
 
The employee whose service is going to end for reaching the legal retirement age should be notified of service ending, at least before thirty days of reaching the age limit and the original declaration should be kept in service file.
 
 
 
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Article 3

An article numbered 56 (bis) shall be added to the implementing Bylaw of the Civil Service Law referred above. Its text is following:
 
Article 56 (repeated)
The performance of employees in the following categories cannot be rated as excellent:
  1. The employee who got the opportunity of training but not fulfilled it successfully.
  2. The employee who incurred disciplinary penalty of deduction from his/her salary or suspension from the work for more than five days or incurred other penalties of deduction from the salary or suspension from the work for more than ten days or incurred other severe penalties during the year of report submission.
  3. The incumbent employee (occupying from the  3rd -1st grade positions) who incurred any penalty during the year in which the performance report is submitted.
  4. The employee who returns from hiring or leave without pay, and does not fulfill the requirements to get the performance report. Those whose last performance report was before hiring or leave are exception to this.
The performance of employees in the following categories may not be rated as v. good or excellent:
  1. The employee who got chance for training but stayed away from it without any reason acceptable by the competent authority.
  2. The employee who incurred disciplinary penalty of deduction from his/her salary or suspension from the work for more than ten days or incurred other penalties of deduction from the salary or suspension from the work for more than fifteen days during the year of report submission.

Article 4

The phrase “Applicable in the state” is replaced by “Applicable in the ministry of Civil Service and housing affairs” contained in item no.(8) from annex no.1 (model of Non-Qatari employees contract service contracted from abroad) and item no.(8) from annex no.2 (model of Non-Qatari employees contract service contracted locally) which are attached to implementing resolutions of Civil Service referred above.
 

Article 5

The sentence “and a copy is sent to the ministry of Civil Service and housing affairs”  contained in item no.11 from annex no.1 (model of Non-Qatari employees contract service contracted from abroad) and item no.(8) from annex no.2 (model of Non-Qatari employees contract service contracted locally) which are attached to implementing resolutions of Civil Service referred above is deleted.
 

Article 6

All competent authorities, each within their jurisdiction, shall enforce these bylaws from the 1st of October a in the Official Gazette.

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