Law No. 14 of 2004 on the promulgation of Labour Law
طباعة
Section: Individual Work Relationship (38-57)
Article 38
Employment contracts shall be in writing, authenticated by the Department and shall consist of three copies, with two copies for the parties to the contract and a third copy to be deposited in the Department.
Employment Contracts shall govern the terms of Work and a Work relationship between parties to the contract. The Employment Contract shall specify in particular the following information:
The name of the Employer and the place of Work.
Name of a Worker, qualification of a Worker, nationality of a Worker, profession of a Worker, place of residence of a Worker, and other necessary information to verify his/her identity.
Date of conclusion of the Employment Contract.
Nature and type of Work and the place of contracting.
Date of commencement of work.
Period of the Employment Contract, if applicable (in the case of a fixed period).
Agreed Remuneration, date and method of payment.
In the absence of a written Employment Contract, the Worker may prove the Work relationship and the rights arising therefrom by all admissible means of evidence.
Article 39
Employment Contracts may provide conditions that put the Worker under a probation period agreed upon by both parties to the Employment Contract. The probation period shall not exceed six months from the date of commencement of the Work. Employers may not put Workers under probation, with the same Employer, more than once.
Employers may terminate the Employment Contract before the expiry of the probation period if the Worker fails to carry out his/her duties as per the Employment Contract. Employers shall notify Workers of this decision within at least three days from the termination date of the contract.
Article 40
If the Employment Contract is for a fixed period, the duration thereof shall not be more than five years, renewable for a similar period or periods by the agreement of the two parties.
If the contract is not renewed and the two parties continued in execution thereof without clear agreement after the expiry of its period, the contract shall be considered renewed for an unlimited time with the same conditions provided therein.
The renewal period shall be considered as an extension of the previous period, and service of the Worker shall be counted as from the date of commencement of Work with the Employer at the beginning.
Article 41
If the subject matter of the Employment Contract is the performance of specific Work, the Employment Contract shall end by the execution thereof. If the Work is, by its nature, capable of being renewed and the execution of the Employment Contract continues after the performance of the agreed Work, the Employment Contract shall be considered to have been renewed for similar periods by the agreement of the two parties.
Article 42
The Worker shall undertake the following:
To perform the Work by himself and to exert the ordinary man's care in its performance.
To carry out the Employer's orders concerning execution of the Work, provided that they are not contrary to the Employment Contract or the law, and obeying the same will not subject the Worker to danger.
To not to Work for third parties, with or without payment.
To maintain the raw materials, means of production, and products etc., which are in his possession or at his disposal and to take the necessary steps for their safekeeping and maintenance.
Carry out the safety and professional health instructions prescribed by the Establishment.
Cooperate in the prevention of accidents in the place of Work or in the alleviation of the results thereof.
Procure continuously, subject to availability, the professional and cultural development of his skills and expertise in accordance with the rules and procedures which the Employer sets forth, in collaboration with the competent authorities.
Not to disclose the secrets of the Employer even after the end of the contract.
Not to use the Work tools outside the place of Work without permission of the Employer and to keep such tools in the places designated therefore.
Not to accept gifts, Remuneration, commission or sums in respect of performance of his duties other than from the Employer.
Return at the end of the Employment Contract the unused tools or materials at his disposal.
Article 43
Any condition stipulated in the Employment Contract, even if the Employment Contract precedes the enforcement date of this Law, shall be considered and void if it included an undertaking from the Worker to work for life with the Employer, or abstain from carrying out for life any other craft or profession that could be practised after leaving the employment.
If the nature of the Work allows the Worker to know the clients of the Employer or the secrets of the business of the Establishment, the Employer may stipulate a condition that the Worker shall not compete with him or participate in any competing project after expiry of the Employment Contract. Such stipulation shall be confined in its duration and place and type of the Work to the extent necessary for protection of the lawful interests of the Employer, and shall not exceed two years.
Article 44
The Employer shall undertake to enable the Worker to perform the Work and provide all the necessary requirement therefore and if the Worker attends the place of Work and is ready to do the Work but he fail for reasons beyond his control to do the Work, he shall be considered to have actually done the Work and so be entitled to the advantages accruing therefrom.
Article 45
The Employer may not ask the Worker to perform Work other than the Work agreed upon unless for the prevention of an accident or to correct the consequences therefrom or in the case of force majeure, provided that the Worker shall be paid the entitlement accruing therefrom.
As an exception to the foregoing, the Employer may ask the Worker to perform Work other than the Work agreed upon if it is Temporary Work or if the Work is not essentially different from the original Work and entails no insult to the Worker on condition that the Remuneration of the Worker shall not be reduced
Article 46
The Employer who employs ten or more Workers shall set a handbook of rules for the Work in the Establishment. Such rules and their amendments shall come into force after being submitted and approved by the Department. If the Department does not approve them within a month from date of its submission to it, the rules shall then be considered approved.
The rules shall be posted in a conspicuous place in the Establishment for the Workers to be informed thereof, and shall come into force after fifteen days from the date of their announcement.
The Minister may issue an order to determine the form of such rules as guidance to the Employers.
Article 47
The Employer shall keep a special file for each Worker wherein all papers and certificates concerning the Worker shall be deposited along with the decisions and instructions related thereto.
The Employer shall keep the said file for a period of at least one year after the termination of the Employment Contract of the Worker.
Article 48
The Employer shall maintain the following registers:
The Workers' register, which contains in particular the names, nationalities, nature of jobs, amounts of Remuneration, date of commencement of work, marital status, academic and professional qualifications, holidays of the Workers and the penalties imposed upon him.
The Remuneration register, wherein names of the Workers are recorded, in accordance with the date of commencing employment, the daily, weekly or monthly pay, or piecework or production Remuneration and its supplements for each Worker, the additional Remuneration paid to them, the amounts deducted from Remuneration, and the net Remuneration received by each of them.
Penalties register, wherein the financial penalties imposed on each Worker and the result shall be recorded.
The registry of Occupational Injuries to record the Occupational Injuries sustained by every Worker.
The end of service register wherein the names of the Workers whose services have been terminated, the dates and reasons for their termination and the entitlements paid to them or to their heirs shall be stated.
Article 49
If the Employment Contract is for a fixed period in duration, any of the two parties thereof may terminate it, without giving reasons. In this case the party interested in termination of the Employment Contract shall notify the other party in writing as follows:
As for the Workers who are paid their Remuneration annually or monthly, the notification shall be made before one month from the date of termination of the Employment Contract if the service period is five years or less. If the service period is more than five years, the period of notification shall be two months at least.
In all other cases the notice shall be given in accordance with the following periods:
If the duration of employment is less than one year, the notice period shall be at least one week.
If the period of duration of employment is more than one year and less than five years, the notice period shall be at least two weeks.
If the period of duration of employment is five years or more, the notice period shall be at least month.
If the Employment Contract is terminated without observing these periods, the party terminating the Employment Contract shall be obliged to compensate the other party for an amount equivalent to the full Remuneration for the notice period or the remaining part thereof.
Article 50
The Employer shall pay to the Worker his full Remuneration for the notice period stated in the preceding Article, if the Worker performs his Work in the usual manner during the said period.
The Employer shall give permission to the Qatari Worker to be absent from Work for reasonable times to enable him to register his name in the register of the Department to find a new job. Upon obtaining new employment, the Worker shall notify the Employer immediately, and stay regularly in the Work up to the end of the notification period.
Article 51
The Worker may terminate the Employment Contract before its expiry date if the Employment Contract is is for a fixed term and without giving reasons. If the Employment Contract is unlimited, the Worker may terminate the Employment Contract and shall retain his full right to obtain the end of service gratuity in the following cases:
If the Employer breaches his obligations under the Employment Contract or the provisions of this Law.
Physical assault or an immoral action occurred to the Worker or to one of his/her family members from the Employer or the manager.
The Employer or his representative has misled the Worker at the time of contracting, with regard to the terms and conditions of the employment.
Existence of a gross danger threatens the health and safety of the Worker provided that the Employer is aware of the danger and does not take the necessary actions to remove it.
Article 52
The Employment Contract shall not be terminated in any of the following two cases:
Death of the Employer, unless the Employment Contract has been concluded for consideration related to the personal or professional activities of the Employer which cease upon his death.
Merging of the Establishment into another or transfer of its ownership or its right of management to other than the Employer, for whatever reason. The successor shall be jointly liable, with the former Employer, for fulfilment of all entitlements of the Workers accruing from the latter.
Article 53
At the end of the Employment Contract, the Employer shall:
Give the Worker upon his demand, free of charge, a service certificate indicating the date of commencement of Work, the date of expiry of his employment, the type of Work he was performing and the amount of Remuneration he received.
Return to the Worker the certificates, documents, etc., which he deposited with the Employer.
Article 54
The Employer shall pay at date of termination the end of service gratuity in addition to any amounts due to the Worker who spent one year or more in employment. This gratuity shall be agreed upon by the two parties, provided that it is not less than a three-week Remuneration for every year of employment. The Worker shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment. The Worker's employment shall be considered continuous if it is terminated in cases other than those stipulated in Article 61 of this Law and is returned back to Work within two months of its termination. The last Basic Wage shall be taken as the basis of the calculation of the gratuity.
The Employer shall be entitled to deduct from the service gratuity the amount owed to the employer by the Worker.
Article 55
If the Worker dies during the employment for whatsoever reason, the Employer shall, within a period not exceeding fifteen days from the date of death, deposit with the court any Remuneration or entitlements due to the Worker in addition to the gratuity. The minutes of depositing should contain a detailed report indicating the method of calculating the aforesaid amounts. A copy of the report shall be delivered to the Department.
The court shall distribute the deposited amount amongst the heirs of the deceased Worker in accordance with the provisions of the Islamic Sharia or the personal law applicable in the country of the deceased. The court shall transfer the said amounts to the public fund of the State after the lapse of three years from the date of depositing if the entitled person is not identified.
Article 56
The Employer who maintains a retirement system or a similar system securing for the Worker a greater benefit than the end of service gratuity, which he deserves by virtue of Article 54 of this Law, shall not be obligated to pay to the Worker the end of service gratuity along with the benefit available to the Worker under the said system.
If the net benefit accruing to the Worker under the said system is less than the end of service gratuity the Employer shall pay to the Worker the end of service gratuity and return to him any sum whereby the Worker has contributed to the said system. The Worker may choose to receive either the end of service gratuity or the benefit accruing to him under the said system.
Article 57
Upon termination of the Worker service, the Employer shall at his cost return the Worker back to the place from where he was procured at the time of commencing the Work or to any other place as agreed upon between the parties.
The Employer shall complete the proceedings of returning the non-Qatari Worker within a period not exceeding two weeks from the expiry date of the Employment Contract. If the Worker joins another Employer before his departure from the State, the obligation to return the Worker back to the country or other place shall shift to the latter Employer.
The Employer shall bear the expenses of preparation and transport of the body of the deceased to his home country or to his place of his residence upon a request of his relatives
If the Employer does not return the Employer or transport his body after death as the case may be, the Department shall return the Worker or his body on behalf of the Employer and recover the said costs through the administrative means.