Getting Terminated without Notice in Qatar
If you are an expat worker in Qatar, is it possible that your employer will unexpectedly fire you without any reason or terminate you with zero notice period? The answer is yes.
Sudden dismissal will not only be a possibility. But, also failure to receive your last payment and end-of-service gratuity.
But, what are the grounds that your employer can dismiss you without notifying you ahead?
According to Article (61) of Qatar Labour Law, your employer may dismiss you without notice and without payment of your end of service gratuity in the following instances:
1. If you assume a false identity or nationality or submit false certificates or documents.
2. If you commit an act which causes gross financial loss to the employer provided that your employer shall notify the Department of the incident within 24 hours from the time of he’s being aware thereof.
3. If you violate more than once the written instructions of your employer concerning your safety and the establishment despite you’re being notified in writing of the violation provided that these instructions shall be written and posted up in a conspicuous place.
4. If you fail more than once to carry out his essential duties under your service contract or this law despite his having been notified in writing thereof.
5. If you disclose the secrets of the establishment where you are employed.
6. If you are found during your working hours in a state of drunkenness or under the influence of a drug.
7. If you commit an assault on the person, your employer, your manager, or one of your supervisors in the work, during the work, or by reason thereof.
8. If you repeat your assault on your colleagues in work despite you’re being warned in writing thereof.
9. If you absent yourself from work without legitimate cause for more than seven consecutive days or fifteen days in one year.
10. If you have been finally sentenced for a crime involving immorality or dishonesty.
In spite of the fact that employee termination is such a choice that can be made by a business for different reasons like going through a financial downturn to performance related issues with respect to the worker. These reasons may include the employee’s:
Work performance: Work performance problems can lead to termination even with good attendance at a job. An employee can be fired on the employer’s will if their work performance does not meet the business standards. Some of these issues may be lack of necessary skills required to perform duties, incompetence, failure to learn the required skills or processes, neglect of maintenance or safety procedures, refusal to perform duties, laziness, or negligence.
Behavioral issues: Conduct problems can lead to firing if they continue over a long period. Behavioral issues may include unprofessional manners (especially in customer service jobs), constant or gross insubordination, inability to properly relate with co-workers, customers or both, arguing with supervisor, co-workers or customers, use of foul language while at work, and sleeping while on duty. With these conduct problems, the firing is frequently part of a "progressive step" process, meaning the employee will have been warned and given an opportunity to improve before more severe measures are taken.
Gross Misconduct at office: Gross misconduct offenses can lead to immediate firing without any further warning. Gross misconduct comprisesof damaging work related equipment through negligence; discovery of false information on the job application, fighting or brawling at work; harassment of other employees, such as sexual or racial harassment; use of employer's equipment (e.g. vehicles and computers) to engage in non-work-related activity or other violations of employer policies, illegal activity, or to view pornography; testing positive for illegal drug usage; failure to submit to a mandatory drug test (especially for transportation or heavy equipment-related jobs such as machine operators); engaging in illegal activities on the job (such as embezzlement or illegal subordinate harassment); or cheating the employer out of wages by wrongfully filling a time sheet.
Employee fails to perform basic duties: More typical purposes behind terminating incorporate participation issues, poor work execution, risky lead, disobedience, drinking or doing illicit medications at work or devouring similar substances before work and appearing to work while inebriated or "high” or off employment site conduct.Attendance issues incorporate continuous non-appearance or lateness, or surprisingly more dreadful, the "no call, no show" in which a representative does not come to work and neglects to advise the business. Other participation issues include despicable taking of breaks, for example, taking developed or unapproved breaks, inability to come back from breaks in a timely manner, or strolling off the premises or occupation site without permission from the boss.
As for instances that you have not committed any of the above violations and your employer still dismissed you from service, you may seek support from the local authorities.
Remember, you have the rights and obligations following your exit from the company.
Here’s what the law says:
• When resigning for a new job, notify your current employer about your plan to transfer to another company. To do this, check out the Electronic Notification System of the Ministry of Administrative of Development, Labour & Social Affairs (MADLSA).
• Give a 1-month notice period if your current job is for 2 years or less.
• Give a 2 months notice period if your current job is for more than two years.
For employees who receive their wages monthly:
• Five years or less: 1-month notice
• More than five years: 2 months notice
For employees who receive their wages hourly, daily or weekly:
• Less than one year: 1-week notice
• More than one year but less than five: 2 weeks notice
• More than five years: 1-month notice
Wages and other Sums
Once you resign or get terminated from your job, you are entitled to receive your salary in full for the notice period.
You must receive your wage and any other owed sums before the end of the day after the notice period ends.
If you have leave days which you have not taken, you are then eligible for payment in lieu of your annual leave.
You may also receive the end of service gratuity as explained below:
End of Service Gratuity in Qatar
If you’re leaving the company after working there for more than one (1) year, then you are entitled to End of Service (EOS) gratuity.
EOS is a part of the Qatar Labour Law that stipulates a sum of money to be paid to an outgoing employee.
The terms for EOS must be included in your contract. These contracts are normally terminated once their duration has passed OR prematurely under several conditions i.e. employee termination or resignation.
According to Qatar Labour Law, Law No 14 of the Year 2004, here are some of the important points to consider concerning your EOS:
Under what circumstances can you end your contract?
Following the new law, you may discontinue your contract any time, even during your probationary period, however, you must render the early mentioned notice periods.
• You may terminate your service contract before its expiry date if it is of a definite duration and without giving reasons for the termination or if it is of an indefinite duration and retains your full right to obtain the end of service gratuity in the following cases:
- If your employer commits a breach of his obligations under the service contract or the provisions of this law.
- If your employer or your responsible manager commits a physical assault or immoral act upon you or any of your family members.
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 continuity 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.
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What will you receive once you leave your job?
• In addition to any sums to which you are entitled upon the expiry of your service, your employer shall pay your end of service gratuity if you have completed employment of one year or more.
• This gratuity shall be agreed upon by you and your employer, provided that it is not less than a three-week wage for every year of employment. You shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment.
• Your 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.
• Your last basic wage shall be the base for the calculation of your gratuity.
• Your employer is entitled to deduct from the service gratuity the amount due to him by you.
How is your final pay calculated?
Your wage during your annual or sick leave and your end of service gratuity shall be calculated on the basis of your basic wage on the date of entitlement and if you are employed on a piece-by-piece work basis, the entitlement shall be calculated on the basis of his average wages for the 3 months preceding the date of entitlement.
What happens if the worker dies during the employment?
• 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.
When an employer is not obliged to pay a worker’s EOS?
• If your employer maintains a retirement system or a similar system which secures for you a greater benefit than the end of service gratuity to which you are entitled under the provisions of Article (54) of this law, shall not be obligated to pay you your end of service gratuity in addition to the benefit available to you under the said system.
• If the net benefit accruing to you under the said system is less than the end of service gratuity, your employer shall pay you the end of service gratuity and return to him any sum whereby you may have contributed to the said system.
• You may choose to receive either your end of service gratuity or your pension accruing to him under the said system.
What penalties may you be charged?
The disciplinary penalties which may be inflicted on the workers are:
1. Notification, which shall be deemed to have been achieved by a written letter to you containing a notification of the violation you have committed and requesting you not to repeat the commission thereof and warning you of the infliction of a severer penalty in case of repetition.
2. Deduction from your wage for a period not exceeding five days in respect of one violation.
3. Suspension from work together with non-payment of your wage for a period not exceeding five days in respect of one violation.
4. Suspension from work without payment or with reduced payment pending the adjudication upon the criminal charge attributed to you and if you are acquitted or if the charge against you has been dropped, the suspension shall be deemed to have never taken place and you shall be paid your entitlements during the suspension period.
5. Postponement of the grant of annual increment for a period not exceeding six months or the non-payment therefrom in the establishments which maintain increments systems.
6. Postponement of promotion for a period not exceeding one year in the establishments which maintain promotion systems.
7. Dismissal from work with payment of the end of service gratuity.
8. Dismissal from work and non-payment of the end of service gratuit
When leaving for good, you need to fill out and submit this form: Notification of termination of the contractual relationship and departure of the country from worker to the employer.
Complete the process of changing workplace/ leaving the country in MADLSA’s website.
The above procedures are necessary for you to receive your end-of-service benefits (if you have worked for more than a year in the company) and Full and Final (F&F) settlement dues.
Failing to give the appropriate notice means that the party terminating the contract will have to pay compensation to the other party. The compensation should be an amount equivalent to the wage of the notice period or what’s remaining of it.
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