Qatar Labour Law Termination
If the service contract is of an indefinite duration any of the two parties there to may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:
In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination. If the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
In all other cases the notification shall be given in accordance with the following periods :
If the period of service is less than one year the notification period shall be at least one week.
If the period of service is more than one year and less than five years the notification period shall be at least two weeks.
If the service period is more than five years the notification period shall be at least one month.
If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.
The employer shall pay the worker his wage in full for the notice period provided for 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 absent himself from work for reasonable times to enable him to register his name in the register of the Department in order that the worker can avail himself of new employment. The worker shall notify the employer of the new employment immediately on obtaining thereof and shall continue with the work thereafter till the expiry of the notification period.
The worker may terminate the service contract before its expiry. date if the contract is of a definite duration and without giving reasons for the termination if the contract is of an indefinite duration and retains his full right to obtain the end of service gratuity in the following cases:
If the employer commits a breach of his obligations under the service contract or the provisions of this law.
If the employer or his responsible manager commits a physical assault or immoral act upon the worker or any of his family member.
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.
If continuance with the work endangers the safety and health of the worker provided that the employer is aware of the danger and does not take the necessary steps to remove it.
The service contract shall not terminate in any of the following two cases:
Death of the employer, unless the contract has been concluded for consideration related to the person or professional activities of the employer which cease upon his death.
The merger of the enterprise with another enterprise or transfer of its ownership or the right in its management to a person other than the employer for any reason. The successor shall be jointly liable with the former employer for the payment of the workers entitlements accruing from the latter.
The employer shall upon expiry of the service contract:
Give the worker upon his demand, free of charge, a service certificate indicating the date of his engagement in the employment, the date of expiry of his employment, the type of work he was performing and the amount of wage he was receiving.
Return to the worker the certificates, documents etc. which the worker deposited with the employer.
In addition to any sums to which the worker is entitled to upon the expiry of his service, the employer shall pay the end of service gratuity to the worker who has completed employment of one year or more. This gratuity shall be agreed upon by the two parties, provided that it is not less than a three-week wage 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 service shall be considered continuous if it is terminated in cases other than those stipulated in article 61 of this Law and is returned to service within two months of its termination. The last basic wage shall be the base for the calculation of the gratuity. The employer is entitled to deduct from the service gratuity the amount due to him by the worker.
If the worker dies during the employment for whatsoever causes, the employer shall within a period not exceeding fifteen days from the date of death deposit with the court any wages or entitlements due to the worker in addition to the gratuity. The depositing record shall contain a detailed report indicating the method of calculating the sums referred to and a copy of the record shall be delivered to the Department. The court shall distribute the deposited sums 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 and if three years lapse from the date of depositing without the person entitled to the deposited sums being known the court shall transfer the said sums to the public fund of the State.
The employer who maintains a retirement system or a similar system which secures for the worker a greater benefit than the end of service gratuity to which the worker is entitled under the provisions of Article 54 of this law shall not be obligated to pay to the worker the end of service gratuity in addition to 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 may have contributed to the said system. The worker may choose to receive either the end of service gratuity or the pension accruing to him under the said system.
Upon termination of the service of the worker the employer shall at his cost return him to the place from where he has recruited him at the commencement of the engagement or to any place 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 contract. If the worker joins another employer before his departure from the State the obligation to return him to his country or other place shifts to the latter employer.
The employer shall bear the costs of preparing the corpse of the deceased worker and the conveyance thereof to his country or place of residence upon the demand of his heirs. If the employer does not repatriate the worker or his corpse after his death as the case may be the Department shall return the worker or his corpse at the cost of the employer and recover the said costs through the administrative means.
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