By Nizar Kochery /Doha

QUESTION: The job offer letter from the company I work with had not mentioned any probationary period. However, after joining the firm, I find the employment contract refers to a probation of six months. Also, I am informed that during probation, employment could be terminated with three days of notice. Is this the law? The employee has no right to resign even under unacceptable situations. The employment contract gives my salary 30% less than what was in the offer letter. How can I leave the company? The employer claims that the employment contract is from the Labour Department and has not been drafted by them. How can I force them to add all the agreed terms to the employment contract?

AG, Doha

 

ANSWER: Probation is not mandatory; subject to Labour Laws employer and employee may draw terms and conditions of employment. Accordingly the parties to the contract may agree to commence employment without probation as probation is not compulsory under the Law.

During the probation period, the employer may terminate the employment contract by three days’ notice. Seek assistance of Labour Department to get all of the terms of offer incorporated in the employment contract.

Regarding termination of the contract, under Article 51 of the Labour Law, the employee may terminate the service contract without giving reasons for the termination if the employer or his representative has misled the worker at the time of entering into the service contract as to the terms and conditions of the work. Also the contract is terminable if the employer commits a breach of his obligations under the service contract.

 

Printed and written words

Q: We have made a contract which is partly printed and partly handwritten. If there is any difference between the printed and written words what will be the fate of the document? One party is against any correction. Will the document become null and void?

KM, Doha

 

A: As general principle, if an Instrument is partly printed and partly written and if there is difference between printed and written words, the written part ought to control the Instrument, as it is likely to be more in consonance with the intention of the parties. If the written and printed portions can be read together, effect will be given to all the provisions. Obvious mistakes and omissions in the written words will not invalidate the instrument where the intention is clear.

 

Snacks and water

Q: I am working with a building construction company and would like to know whether it is obligatory on the employer to provide snacks and drinking water to staff during working hours? Does Qatar Labour Law provide any provision regarding this? What is the law in Qatar about official holidays with pay relating to Eid and overtime?

AF, Doha

 

A:Qatari Labour Law does not obligate an employer to provide workers with snacks, light refreshments or drinking water. But as per Article 106 an employer who employs workers in areas far away from towns and not served by normal transport means shall provide for such workers potable drinking water, suitable food provisions or the means of obtaining such provisions.

The official holidays with pay relating to Eid, according to the labour law, are three days. Should the circumstances of the work require the worker to attend work on one of these official holidays, he shall be treated, for purposes of payment, as if required to work on a day of rest where he shall be compensated by another day of rest instead and shall receive for his work on that day the same payment he receives for his normal rest day or be paid the basic pay to which he would be entitled plus an increase equivalent at least to 150% of the pay.

 

Withholding pay by employer

Q:I am working with a construction company. I have already availed of my annual vacation but due to some emergency I have requested two weeks’ vacation. I will do my own travel arrangements. The company approved my request but withheld one-month salary as guarantee. The company withholds one-month salary as guarantee even while on annual vacation. Is this legally permissible in Qatar?

GG, Doha

 

A: Withholding salary by the company is not in compliance. As per Qatar labour law the company has no right to attach or withhold a worker’s wage except on specific issues (i.e. in case of application of penalties approved by the labour department, execution of a court judgement, repayment of loans etc, etc.). The law does not allow attachment of salary for the purpose of guarantee. The worker should be paid his wage due to him for the work done by him up to the date of departure on leave in addition to the wages for the period of leave due to him.

 

Unpaid personal loan

Q: I am working in Doha and a co-worker who owes some money (I took a personal loan and paid him) has left Qatar resigning from services. What are the chances to take some action against him in Qatar? I am without any written evidence regarding the personal loan. The debtor can’t travel to Qatar for health reasons. If I get a judgement from Qatar, can I recover my dues. Being religious, can I seek local court in the country of residence for oath?

HU, Doha

 

A: You can file a case in the Qatar courts. As per procedures, the defendant will be summoned through the diplomatic channel if he has a known address. You can request the court to administer a crucial oath to the defendant in his country in case of lack of evidence. This can be done by way of judicial delegation.

The Qatar court will request the courts of the defendant’s country to take judicial delegation to direct the oath to the defendant as prescribed by the Qatar court. If the defendant swears on the oath and denies your allegation, the suit will be quashed. However, if he refuses to swear, a judgement will be delivered against him.

 

*Please send questions by e-mail to: leges@qatar.net.qa

LEGAL SYSTEM IN QATAR

For effective implementation of the law and to protect workers rights a Work Inspection Agency will be constituted under the supervision of the Department of Labour. “Work inspectors”, having experience in different specialisations, may be appointed and have judicial powers concerning the implementation of the Labour Law and its decisions.

They shall have identity cards indicating their posts which they should show to the employers when inspecting an establishment. To uphold the ethics in the profession, the work inspectors, prior to assume their duties, shall take an oath before the Minister pledging to respect the law and to perform their work with honesty and loyalty and not to disclose any confidential matter pertaining to industrial innovations or other secrets they may be gain knowledge of, even after leaving their posts.

The work Inspectors shall have the following powers:

1) Entering a workplace during the day or night without prior notice for examining records, files, or any document related to the workers to ensure their compliance with the applicable legislations and record acts of violation.

2) Obtaining samples of used and circulated materials in the establishment, inspecting machinery and equipment to ensure the availability of adequate and effective means and measures protecting workers from vocational health hazards. They shall notify the employer or his representative about any sample or material they take for this purpose.

3)  Conducting surprise visits at the workers’ accommodations to ensure their compliance with the prescribed health and safety conditions.

4) Examining the employer, his representative or any of the workers either privately or in the presence of witnesses on any matter related to the implementation of this law.

The employer or his representative shall facilitate the assignment of the work inspectors, provide accurate data and details related to their work and respond to the summons whenever issued.

The work inspectors may take any of the following measures:

1) Giving advice and guidance to the employer or his representative on how to correct any violation.

2) Issue warning letters to the employers to stop violations. The letter shall include the type of violation and grace period offered for correction.