Is your employer withholding your salary? Here's what you can do now under new Law .

  • 9 months   ago
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The Ministry of Administrative Development, Labour and Social Affairs (MADLSA) has put a new ruling that employees will have the right to switch jobs without getting a No-Objection Certificate (NOC) from their employers if the company fails to pay their monthly salaries within seven days of the due date.

According to an official from the MADLSA, a decision to this effect has been taken at the ministerial level and it will be implemented soon.

 

The official stated that the government wants all companies operating in the country to pay monthly salaries to their employees on time or in certain cases within seven days from the due date. If they fail to do so, employees of such companies will have the right to change jobs even if they have not completed the contract period, as reported by the Qatar Tribune.

He noted that few companies in Qatar are yet to adopt the Wage Protection System (WPS), adding that the government is taking action to identify those companies.

Many cases have come to light where abusive employers were found to be indulging in the illegal practice of not paying their employees. The issue has brought a lot of negative attention to Qatar, many international news outlets dubbed Qatar as a destination of modern-day slavery. Due to the acts of a few abusive and exploitative employers Qatar’s image when it comes to protecting workers’ rights has been left with a black spot. 

What the law says:

According to Article 65 of the ‘current labour law’:

The Worker shall be entitled to the wages specified in the service contract and if the contract does not specify the wage the worker shall be entitled to the wage specified in the work regulations.

If the wage is not specified in accordance with the preceding paragraph the worker shall be entitled to a wage equivalent to the wage specified for work of a similar type in the establishment and otherwise in accordance with the custom applicable to the profession in the place of performance of the work and if there is no such custom the judge shall specify the wage in accordance with the requirements of justice.

This means that every worker is entitled to wages in return for his or her work, if an employer refuses to pay the wages, he or she is doing so in absolute contravention of the law. Furthermore Article 70 of the labour law states:

Any part of the wage to which the worker is entitled may not be attached and the payment thereof may not be withheld except for the execution of a judicial decision.

In case of attachment in execution of a judgment the Sharia alimony debt shall have priority over all other debts and the total of the sums attached shall not exceed 35% of the wage of the indebted worker.

The employer may not charge any interest on the loan he may grant to the worker and shall not deduct more than 10% from the wage of the worker in settlement of the loan.

The total of the sums to be deducted from the wage of the worker in settlement of the deductibles and debts due from him shall not exceed 50% of his aggregate wage. If the percentage which shall be deducted from the wage of the worker within one month exceeds this percentage the deduction of the excess percentage shall be deferred to the following month or months.

This clearly proves that withholding wages or salaries of employees for reasons other than allowed by the law is illegal and a violation of the employee’s rights. 

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