My company didn’t give me full gratuity, so where can I complain? If I complain to the labour court, they don’t help me, they also help the company.
Labour Law No. 14 of 2004 applies to employers and workers, prescribes their rights and obligations and regulates the relationship between them.
You can file a complaint against the company at the labour relations department.
They do their best to bring the two parties together for a friendly settlement.
Sometimes the parties don’t understand the rules, and when they do they readily follow the regulations.
If the dispute between the two parties is not solved, the worker can file a case in the labour court free of charge.
The court hears arguments by both the parties before giving its decision.
If you find the judgment unacceptable, you can approach a higher court.
The plaintiff should provide evidence to support his lawsuit and persuade the court to accept his claim. Failing this, he should not blame the court.
I am working in a company in Qatar for the last seven years. How is my EOS calculated? Will I get 30 days’ gratuity after five years of service?
If I leave Qatar and later get a good offer, how can I return to Qatar without any problem? Can I request my employer for a No Objection Certificate?
“The entitlements prescribed by labour law No. 14/2004 represent the minimum entitlements of the workers and any stipulation contradicting the provisions of the law shall be void even if it was made prior to the date of application of this law, unless the said stipulation is more advantageous to the workers, and any release, compromise or waiver of the entitlements prescribed for the worker by this law shall be deemed void”.
The labour law says the employer shall pay end of service gratuity to the worker who has completed one year or more of employment.
The gratuity shall be agreed upon by the two parties, provided that it is not less than three week’s wages for every year of employment.
The gratuity will not increase automatically after five years; it will be the same amount, but the two parties can amend it by agreement.
“The worker shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment.
The last basic wage shall be the base for the calculation of gratuity. The employer is entitled to deduct from the gratuity the amount due to him from the worker”.
Coming back to Qatar after deportation depends on your situation. If the employment is terminated with mutual agreement, the worker can re-enter the country any time after getting a No Objection Certificate from the employer.
Without the NOC, the employer will not allow re-entry into Qatar before the completion of two years after deportation.
I am an Indian national working in Qatar for the last three years. I have changed my sponsorship from my previous company to my present company. They told me that they will draw up a contract, but for two years they kept delaying it. Finally, they asked me to resign and leave the company and look for another job.
The GM of the company verbally agreed to give me release.
After I got an offer letter from another company I resigned and submitted documents for change of sponsorship.
It’s been more than a month now but the papers have not been signed by the sponsor and they are not saying whether the sponsor will sign the papers or not.
I’m in no man’s land and my new company is calling me every day and asking for the transfer documents.
Kindly suggest what suitable steps I should take.
According to Article 38 of the labour law, “the service contract shall be made in writing and attested by the labour department, and shall comprise three copies: one to be delivered to each party and the third to be deposited with the labour department.
The contract shall specify the terms of the labour relationship between the two parties and, in particular, shall contain the following:
• The name of the employer and the place of his work.
• The name, qualifications, nationality, profession and residence of the worker and proof of his identity.
• The date of conclusion of the contract.
• The nature and type of the work and the place of contacting.
• The date of commencement of work.
• The period of the contract if the contract is of a fixed duration.
• The agreed wage and the method and the date of payment thereof.
If the contract is not made in writing, the worker may prove the labour relationship and the rights that arise therefrom by all means of proof”.
Regarding resignation, it is a decision of the worker himself. For this reason workers are advised to be responsible and ask experts before taking a decision. We cannot prove that the company forced the worker to resign.
As for the company verbally agreeing to give the worker release, such a release is not acceptable; it should be in writing.
Regarding the delay in signing the transfer of sponsorship documents, make friendly and direct contact with your sponsor to find out the reason. Maybe they have some doubts about the documents or need more papers.
If they refuse to sign your documents, they have to give you your gratuity and send you back to your home country.
If they do not do so, you can file a case at the labour court against your sponsor to claim your gratuity and other benefits.
While the case is being decided, you can submit an application to the Ministry of Interior for temporary transfer of sponsorship.
