End of service benefit

umhamad - thank you for your reply. My lebanese colleague did a resignation but my boss refuse to receive and sign the letter. So meaning, there was no formal resignation occurred.

Marunong ka sanang makiramdam!

So if resigning affects EOS entitlement, where does that leave an employee who isn't on a fixed term contract?

Does it automatically mean that anyone employed under an indefinite contract can't actually resign and keep still full EOS benefit?

Fieryangel- I was working at a school a few years back for a well known and respected Qatari businessman and decided not to renew my contract for the following school year. The management told me I had to resign, which I stupidly did, without realising it would affect my EOS benefits. When my employer refused to pay up the labour dept told me I was only entitled to a percentage of the benefits due because I had resigned.So I think from what I remember there is some EOS benefits but not the full amount if you resign.

If I had just let my contract expire then they would have had to pay me the full amount due to me.

I was instructed by my boss not to give my lebanese colleague an END OF SERVICE BENEFIT becuase she resigned from her post. Is this true? If you resign you will no longer entitled for this benefit?

Marunong ka sanang makiramdam!

Ok, now as I read your article it seems that you (jaz) are not happy with my replies, but please don't come to an conclusion just based on my comments as its only the information I have with me or to what I understand.

I just had a look into the article 54 of Labour Law which state the following:

Article (54)

In addition to any sums to which the worker is entitled to upon the expiry of his service, the employer shall pay the end of service gratuity to the worker who has completed employment of one year or more. This gratuity shall be agreed upon by the two parties, provided that it is not less than a three-week wage for every year of employment. The worker shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment.

The worker's service shall be considered continous 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.

The last basic wage shall be the base for the calculation of the gratuity.

The employer is entitled to deduct from the service gratuity the amount due to him by the worker.

Source: http://www.qatarembassy.net/Qatar_Labour_Law.asp

 Now, as per this article it says that every employee who has served minimum of one year is eligible for Gratuity. Even though its part of the labour law I am not sure how much true it will be if its not mentioned in the contract. But again, its better to take the advice from professional.

I would suggest you to contact one of the legal advisers from following list:

http://www.qatarlaw.com/English/mem.htm

If requred, call them and talk to them. I hope and pray you get what you deserver and may gob bless you to achive the same.

The rock - someone posted the link to the full labour law earlier on in this thread. Read back through it and you should find it.

Oh, i just read the text from the labor law quoted by tallg.

So the labor law here does prescribe ESB. 

Tallg, can you please tell me where i can obtain the complete document ... labor law. I often need to go into the minute details to be able to advise my clients on business and legal impacts of their new policies.

thanks 

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Quidquid latine dictum sit, altum sonatur.

The ESB - End of Service Benefit is most generally calculated as:

(Number of years of service * Last drawn basic salar)

I don't think labor law enforces this. This is a benefit used by companies to give employees incentive to stay on with the company. Some companies even progressively increase the percentage with each passing year. For example, if i leave after 3 years, i get 3 basics. If i leave after 5 years i get 7.5 basics. That was the rule in my previous company.

Some companies also have a minimum served duration before you can draw this benefit. So you need to vet your contract for this.

In addition, if you are not serving the contractual notice period, the employer can deduct salary equivalent to notice period not served from your end of service benefit.

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Quidquid latine dictum sit, altum sonatur.

maxmo - the EOS is written into the Qatar Labour law. It is irrelevant to your contract. Here is the section referring to it;

Article (54)

In addition to any sums to which the worker is entitled to upon the expiry of his service, the employer shall pay the end of service gratuity to the worker who has completed employment of one year or more. This gratuity shall be agreed upon by the two parties, provided that it is not less than a three-week wage for every year of employment. The worker shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment. The worker's service shall be considered continous 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. The last basic wage shall be the base for the calculation of the gratuity. The employer is entitled to deduct from the service gratuity the amount due to him by the worker.

Well, as I understand, if its not on paper, then there is no point in discussing this issue. Coz, until and unless the company has not agreed upon terms and condition to give you EOS on paper, you will have very little chance or infact to best of my knowledge NO CHANCE.

You are basically asking for something that company never promised, even if it did, you don't have the proof for the same and worst you have signed the contract accepting to what company has given you.

Apart from the above comment, as per most common policies, for the companies who provied EOS for there employees will mention this very clearly in the contract (both in english & arabic). Also, one of the terms would say when you will be eligible for the EOS, as per my contract I will be eligible only after I complet 3 years of my service and for a period of 10 years only. Which means, if I had to quite the company before 3 years I can not by any regulation claim for my EOS.

If it is not in your contract it does not matter. Law is law. If they refuse to give you your gratuity/ End of service benefits, then go to the labour dept with proof of your employment period/tenure. They will then contact your employer instructing them to pay.

No need to pay for legal advice. All employment contracts are under Qatar Law whether stated in the contract or not.

Some employers try it on in hope that a percentage of employees either do not know their rights or are too scared to act.

Issue a letter to your employer requesting for your end of service gratuity. If he fails to respond or gives a negative response, or uses delay tactics, issue another letter stating that you are now forced as a result of non payment to lodge a formal complaint with the labour dept.

As said above, go with docs to the dept and they will sort it out.

They may pay up before you have the chance to go and some employers are alert to the fact that records of such matters are kept by the dept.

I have read my contract and nowhere on it is mentioned end of service benefit . I have read the Qatar labour laws which state I am entitled to it .The company told me the end of service benefit was built in to my salary though this was not the case and I have signed nothing as a waiver to this entitlement .They delayed making a decision on this until the day I was going on home leave when it was too late for me to seek legal advice in Doha . Two days after I left the company issued letters to the other current employees asking them to waiver any right to this as it is also not mentioned in thier contracts . The legal department in the oil company I am working for agreed that I have a case against them though they will not get involved as the contracting company is supplying people to them at the moment .

If anybody living in Doha can put me in contact with a lawyer who deals with issues such as this I would appreciate it .

and meet Labour office. No chance not to give gratuity.

I hope this article will help to clear clouds in your mind regarding EOS benefit...

Article (54)

 In addition to any sums to which the worker is entitled to upon the expiry of his service, the employer shall pay the end of service gratuity to the worker who has completed employment of one year or more. This gratuity shall be agreed upon by the two parties, provided that it is not less than a three-week wage for every year of employment. The worker shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment. The worker's service shall be considered continous 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. The last basic wage shall be the base for the calculation of the gratuity. The employer is entitled to deduct from the service gratuity the amount due to him by the worker. 

ka pepe - you have to have done a years service to be entitled to the EOS bonus we are talking about.

The only way I can see that a company can refuse to pay it is if you signed a waiver in your contract. Even then I'm not sure if that would stand up legally. Follow room4rent2's advice.

As per the current law, you are eligible for EOS benefit if you have completed one year of service. However as Maxmo said, you read your contract firts because it is possible there is some clause that waives the benefit. Though such clauses are illegal after the new law has been passed, you may want to consult a lawyer on how to proceed. You can write with copy of your contract to the gulf-times legal column also.

Stand for your right.

As far as i know the Qatar labor law entitles you for a minimum of 3 weeks per annum whatever is the case. You may refer to the following labor law link. http://www.qatarembassy.net/Qatar_Labour_Law.asp

You may visit the labor dept and complain they will advise you. It is unfair not get paid unless you agreed on this at the time of your contract.

You have the right for 21 days for each completed year of service. It's in the Labor Law, amended in 2005-2006, and applicable starting January 2006… You should put your complaint next to the Labour Department unless is unlikely written in your contract. Be sure of the legall periods/delays (10 days after termination of the contract, I m not sure).

For more info, check the Labour Law, starting Art. # 51  ...    http://www.qatarembassy.net/Qatar_Labour_Law.asp

ka pepe

i don't think so.

I have seen contracts of few companies and most have a cluase of 2 or 3 years of service and maximum of 10 years for EOS benefits.

every employee is entitled for EOS benefits...even less than a year of service.

maxmo - I believe that you should receive a bonus for every complete year you have worked in Qatar. I have never heard of having to have worked at least 3 years.

This is labour law, nothing to do with contract that was signed.

I can't tell you who specifically to speak to, but you should definitely seek legal advice.

i think u shud approch labr dept...

If it's true that we are here to help others, then what exactly are the others here for?

I am not sure what is mentioned in your contract, but as I know you will be eligible for EOS only after completing 3 years of your service.

Please reffer to your contract before taking any action.