What If Your Contract Has Ended and Your Employer Still Asks You to Work?

  • 1 week ago
Qatar employment contract, Qatar jobs, jobs 2021, doha jobs, Qatar work contract, outsourcing in Qatar,

You have been applying for jobs in Qatar وظائف في قطر and you finally received a call from an outsourcing in Doha recruiter who advised you to come for a job interview. 

With your impressive qualifications and credentials, you instantly got hired and you’re now preparing for the formalities of your employment. So, what is your next step?

Before signing an employment contract, you first negotiate the duration of the job you are applying for with a recruiter or a hiring officer. 

In Qatar, there are two types of employment contracts. It is best to know which between the two is the scope of work you will be given so you will be able to plan ahead for your career.

 

What is the duration of the contract and what are the two types of contracts?

- Fixed-term contract

- Indefinite contract (open contract)

According to the National Human Rights Committee (NHRC) and the Qatar Labour Law, here are the legal guidelines regarding employment contracts:

What does a ‘fixed term contract’ mean?

It means: To undertake to perform certain work for the employer under his administration and supervision for the period agreed in the contract which shall not exceed five years, renewable for a period or other similar periods.

After the expiry of the probation period stated in the contract, neither of the parties to the contract may independently terminate the contract before the specified period, otherwise it shall be deemed unlawful termination, giving the other party the right to compensation for the damages suffered.

What does an ‘open or indefinite contract’ mean?

It means: to undertake to perform certain work for the employer, under his administration and supervision for an indefinite period of time, and either party to the contract may terminate it without giving reasons at any time after the commitment period of the notice.

Now that you know the different types of contract, you have an idea about the duration of your work with your current employer. But, what happens if your contract duration is not followed?

Has your contract ended? Did you resign from your job? Or are you terminated? Take it easy. Now, it is possible for you to transfer to a new employer without a No Objection Certificate (NOC) any time before, during, or after your contract. 

There are many job opportunities in Qatar فرص عمل في قطر now hiring online. Increase your chances of getting hired by consulting an expert in outsourcing in Doha

What is the ruling on the situation in which your contract is terminated without meeting the notice period?

A person who has terminated the contract without taking into account the period of the notice shall compensate the other party with equal wage of the worker for the period of notification.

If the “work specified in the contract” ends and your performance continues without the objection of the employer, is this considered a renewal of the contract?

If the contract is for the execution of a specific work, the contract is terminated by its accomplishment. If the work, by its nature, is renewable, and the contract continues to be executed after the agreed work has been completed, the contract shall be considered renewed for another similar period, i.e. the renewed contract shall be a ‘fixed term.’

Example: If the agreement in the contract is on the manufacture and installation of a certain number of doors to the employer and the worker completed these works, the contract ends by such completion.

For example: If the contract is by its nature renewable as if it were agreed in the contract on the installation of air conditioners for a property consisting of 100 housing units, and the subject of the contract was the installation of these devices for ten units only, and the installation is completed, but work continued after that, the contract shall be deemed to be renewed for a similar period and under the same conditions, i.e. shall remain a fixed term.

What is the duration of the notice in the open contract?

If the contract of employment is indefinite (open), both parties may terminate it without giving reasons, in which case the party wishing to terminate the contract must notify the other party in writing as follows:

- For workers whose wages are paid annually or monthly, notification shall be given before the termination of the con- tract by a period not less than one month if the period of service is five years or less. If the period of service exceeds five years, the notice period shall be at least two months.

- In other cases, such as workers who are paid on a daily basis or whose wages are paid as per their work production, the notification shall be given at the following times:

* If the period of service is less than one year, the notice period shall be at least one week.

* If the period of service is more than one year and less than five years, the notice period shall be at least two weeks.

* If the period of service is more than five years, the notice period shall be at least one month.

What is the duration of the ‘probation period’ in the contract?

The duration of the probation period in the contract means the period during which the worker is put on probation to prove his fitness to continue the work, and it must not exceed six months maximum, from the date of commencement of work. The employer may terminate the contract during this probationary period, provided that he informs you of the same, three days prior to the termination of the contract.

Today, leaving your job and transferring to a new employer is now made easy without the need for a worker to obtain an NOC from his/her employee and without finishing his/her employment contract. To know how, read this article: Confused about Qatar’s New Labour Law? Read these FAQ 2021 Updates!

If you're ready for your job search, contact B2C Solutions to find you a new employer. Finding a job with this professional outsourcing in Qatar recruiter is fast, easy, and free!

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