14- The determination of the upper rate which is supposed to paid to a non – Qatari  national employee who is appoint in the laborers’ grade.

Finding:

The upper most rate of overtime to be paid to the employee who is a non – Qatari national shall be the rate of 40% of the employee’s basic salary.

Reasoning:

Whereas the effect and significance of Articles No., (29, 41, 45) of the non – Qatari Employment in the State Ministries and other governmental departments Ordinance, which was issued by the law No., (12), 1992, paragraph (7) of the circular issued by the civil service office No (12), 1992 that regulates the provision in the ordinance with regard to the overtime payment, together with section (13) of the Bill of the Civil Service Ordinance, 2001 as amended by the resolution of the Council of Ministers, No., (39), 2007, that the legislated law No., (1), 1997 has provided for the legality of assignment of the overtime job to the employee if that is requested and called for by the authorities in the interest of the work. The legislator had rightly resolved for the entitlement of the overtime service payment. Moreover, the legislator has also obligated in the law that the payment of the overtime of such an employee shall be subject to the civil service ordinance which has been mentioned above in so for as there is no stipulation in this respect in the law No., (7), 1992 aforementioned.

Where in this particular case the legislator empowered the Chief Officer of the Civil Service Department enough power to issue regulatory circulars according to the decided rules in this respect, he can easily cater for the above situation.

The legislator has imposed and necessitates that such an employee in this situation shall be subject to the Civil Service 0rdinance and its Bill of Procedure and in any case in question where there is a provision catering for it in the law No., (7), and 1992 aforementioned. As is mentioned above, the Chief of the Civil Service Office is empowered and has been given the jurisdiction to issue regulations from time to time to execute and put into effect the stipulated law. Among these regulations the payment of the overtime allowance that is provided in paragraph (seventh/ 3) of this circular is one and the legislator had adjudicated that such payment should not exceed (40%) of the basic salary of an employee.

In addition, the legislator has also provided according to the Bill of the Civil Service Ordinance that the maximum hours of overtime work allowable is three (3) hours in the regular work days, and eight (8) hours in the official off – duty days, provided that the total payable amount for the overtime work shall not exceed (40%) of the monthly basic salary of the duly employed employee and (20%) of the monthly basic salary of the contracted employee.

In so far as the law No., (7), 1992 aforementioned is a law designed to cater for the rules that govern the situations of the jobs of the non – Qatari employees who are appointed in the ministries and other various governmental departments, and, therefore its terms and conditions shall be of obligatory application upon these employees and therefore they are not subject to the law of Civil Service and its Bill of Procedure except in the absence of a provision to that extent in the law no (7), 1992 above mentioned or any other law set for their employment specifically.

Whereas the law regarding these employees has empowered the chief civil service official and authorized him to issue the necessary regulation as to effect it, and accordingly he issued the circular no (12), 1992 which contains a provision that the overtime payment shall not exceed (40%) of the basic salary and therefore this stipulation shall be of an imperative application upon the cases of the employees as is being promulgated specially to govern their situation for the overtime payment of the employee to be tied to a range not to exceed (40%) from the basic salary.

To conclude, the law in paragraph (seventh/ 3) of the circular mentioned above shall by no means affects the validity of what has been mentioned therein according to Ss,. (54, 55) of the Bill of Procedure for the Civil Ordinance mentioned before which necessitates the application of the rules of the Bill of Procedure of the Civil Service on these employees; especially the rule which was invoked was tied to the basis upon it the additional hours of work are accounted for. Its accounting is simply to equate one hour of overtime extra work to be either one and half hour, or one hour and a quarter of an hour’s time. In addition it determines the upper limits of hours allowed and whether they are in the ordinary working days or in the official off – duty days.

As to the last paragraph of the resolution which has regulated overtime allowance as (40%) of the basic salary, the circular did not make reference for the rules in section (54) and section (55) to be invoked to cater for the situation. Therefore, these employees are not subjected to the operation of article (38) that has been mentioned above. They are subjected directly to the last paragraph of the (seventh/ 3) aforementioned.