7- How to calculate the end of service allowance for the retired expatriate employee of the Comptroller General Chambers?

Finding:

The calculation of the retired expatriate employee of the Comptroller General Chamber’s end of service allowance shall be in the rate of one months’ salary payment for every year’s service spent by the employee with the Comptroller General Chambers. This rate shall be based upon the amount of the last salary payment which has been received by the employee for a maximum of only ten years in aggregate.

Reasoning:

Whereas the legislator has decided the application of the rules and regulations of the stated rules in the Civil Service law which has been issued by the law No., (1) 2001 and its bylaw on all the employees of the comptroller general chambers wherever there is no provisions to govern the situation in the law No., (4) 1995 which has catered for the comptroller general chambers institution and the issuance of its bylaw, so, by the operation of the rule of law No., (10) of the aforementioned bylaw, it is self evident that the contracts of the expatriate employees shall be made and concluded according to the specimen contract of service form (A), (b), and (c) which are prepared for this purpose and are attached to the bylaw as the case might be. It is also possible for the chair person of the comptroller general chambers to adopt other forms for the contracts of service or make any amendments by the additions, insertions or omissions to the provisions of the specimen contracts (A), (B), and (C) which are attached to the bylaw if that is in furtherance of the general interest.

The legislator has decided that the calculation of the retired expatriate ( the non – Qatari) employee’s end of service allowance shall be in the rate of one month’s salary payment for every year’s service spent by the employee in the service for a maximum period of ten (10) months in aggregate or otherwise as is stipulated in the contract of service provisions. According to the rules in both items of the Articles (171) and (172) of the Civil Law, it has been an established doctrine that “the contract is the governing law that reflects the will of the contracting parties to the extent that it cannot be abrogated, rescinded or amended except by the concurrence of the wills of the contracting parties to that effect or otherwise by the operation of a valid law which shall be decided by the competent authority”.

 The contract of service should be performed specifically to the letter and spirit of its contents and in a manner that shall reflect the utmost good will, the uberima fides.

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Please don’t take this statement of advisory opinion for an official statement of the law.

Al – Meezan/ Qatar Legal Portal

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