Ex Employer is avoiding paying me ESB
By booboosoul •
I have been working in Qatar now for 19 months. I have been working through a service company (Agent).
My contract states Article 54 end of service 21 days after 1 year.
Since reading the Labor Law I have calculated that I am actually due 19 months.
I am now being forced to move to another service company and will remain in the same position. All NOC'S have been agreed between all 3 parties.
The problem I have is my original contract company are saying they do not have to pay me because I am still going to be working in Qatar in the same role but not through them.
Is this right or am I still eligible to get all 19 months ESB due to me. My contract is through them and not the client?
I was told today to take then to the Qatar Labour Department. If I do what happens do they contact the company? or do they advise me on what to do?
hey hun - as far as I understand it you only qualify for EOSB after working for 2 years - then it is 21 days for every year you have worked (from the beginning) but you have to complete the 2 years first - but check with the labour office, but that is how I understood it to be here and other GCC countries.
hope you get it sorted
xxxx
Hi Boer Hear is the reply I got this evening.
The terms of your contract highlight that end of service benefit would be paid upon demobilization from Qatar and completion of assignment. As you will now be completing your assignment in Qatar through ????? we will not be able to make any ESB payments to you as we are receiving no such funds from ?????(the client).
The problem is the client does not pay ESB and they wrote it into the contract. My new company pay it within the day rate and says this on the contract. Unlike my present employer who states article 54.
Boer Hear is the reply I got this evening.
The terms of your contract highlight that end of service benefit would be paid upon demobilization from Qatar and completion of assignment. As you will now be completing your assignment in Qatar through ????? we will not be able to make any ESB payments to you as we are receiving no such funds from ?????(the client).
The problem is the client does not pay ESB and they wrote it into the contract. My new company pay it within the day rate and says this on the contract. Unlike my present employer who states article 54.
then he accepts responsibility for the 19 months as well. If your new contract is effective from the date of the change then I suggest you approach the Labour Department for assistance. Whichever way it goes, you are entitled to this ESB, either now or when you leave the new employer.