The approval of an amendment to the labour law making it mandatory for employers to transfer their workers’ salaries into bank accounts, under Law No. 1/2015, is evidence that the government wants labour relations to be governed by law. The amended law will make it easier for expatriates and the government to detect late payment or non-payment of salaries.
The amendment was made after thorough studies on current labour relations and the shortcomings found in Law No. 14/2004 after it was implemented.
The law says that “the employers shall transfer each worker’s salary in Qatari currency to his or her account at any of the financial institutions in the country. The remuneration of the workers appointed on the basis of an annual or monthly salary shall be paid at least once a month, while that of all other workers shall be paid at least once every two weeks”.
Penalties for violation of the law have been made stiffer. Violators “shall be imprisoned for a period not exceeding one month or fined not less than QR2,000 but not exceeding QR6,000, or either one of them”.
Proper implementation of this law will make the employers respect the rights of the workers. The law requires employers to prove that there is a relationship between the worker and the employer. The bank accounts will show when the relationship began and if it still continues.
Participation of more than one independent body in the implementation of this law will eliminate all forms of fake relations between companies and workers, and the law will thus curb fraudulent practices.
Final departure tickets
Labour law No. 14/2004 spells out the conditions for grant of an air ticket to an employee leaving Qatar for good. It says: “At the end of the worker’s service the employer must return the worker to the place from where he was brought to Qatar, or to a destination agreed upon, at his expense, within two weeks of the end of his services in the company.”
“In case the employee has transferred his sponsorship to another company or employer before going back home, his new sponsor is responsible for returning him home, and if the employer does not return the worker to his home country at his expense, the Labour administration will do that on his behalf and make the employer pay for it.”
So employers are obliged to provide an air ticket at the end of the employee’s service, like other benefits at the end of their service, especially when the employee decides to leave the country without seeking to transfer his sponsorship to another company.
Legal advice: law between theory and implementation
There is no doubt that authority responsible of implementing the law have key role to play as an executive body. The key idea of having the law is to be enforced on the ground as have been stipulated. An exceptional to that, concerned authorities have the right to issue some procedures with the aim of implementing the law smoothly without imposing new procedures or restrictions which have no legal reference in the statute.
Whereas some bodies misuse the power and endeavouring to put new restrictions which hinder the implementation of law and prevent the law from achieving its aim in protection of public interests for which law has been issued. This makes the law lose its meaning and values. Therefore authorities concerned should be committed to implementation of law and adhere to the rules and provisions of the law and should not judge the whole situation depending on individual cases and events. What is needed is to receive complaints and applications and then transfer them to the competent body for considering. Whereas any intervention from non specialist has negative impacts which lead to taking wrong decision.
It is not allowed to deal with a special case and consider that a phenomenon which should be generalised over other issues.
Legal Advice: lawyers’ coat
Attorneys, along with judges, play an important role in the dispensation of justice and implementation of the provisions of law.
The lawyer represents and helps the accused and defends him, often when he has no other support, standing with him and sharing his concerns. Thus the lawyer performs a humanitarian role by caring about the accused and helping end his legal woes.
The lawyer’s mission manifests itself in the dress he wears in court. The lawyer wears a black coat to show his solemn concern for the accused. It is a coat decorated with scales, which symbolize justice as the ultimate aim of the judicial system. From his left shoulder hangs a black stripe that ends with a white piece symbolising hope derived from his confidence in the justice of the case he is defending. Finally, the lawyer’s coat is free of pockets, indicating that his relationship with the accused is primarily a humanitarian relationship. So every lawyer who takes up a case deserves respect.
The Peninsula
