Indefinite contract period
By fieryangelinthesky •
Hello! I would like to ask some information regarding Qatar Labor Law. I'm in my fifth month to my current employer. Per my employment contract, the period of the contract is unlimited. Also it is stipulated therein that each of the party (employer or employee) may terminate the contract after the probationary period which is three (3) months. Would this mean that I can resign anytime after three months? Will I be liable to pay all costs related to my employment with my current employer or nothing to be paid because I complied with the termination clause (that is 3 months probation period).
I plan to resign anytime now and will go back to my country of origin, will I be banned in coming to Qatar?
Please help.
But would you know where and what institution I go to ask for the legal opinions about this, of course with reference to our employment contract .
You have finished 5 months, you are out of probationary period in an unlimited contract. In an unlimited contract, you can any time put your resignation but it should be approved by the management and you should be deported after the one month notice period. It may take maximum 2 weeks along with keeping your salasry pending until the period.
If the company doesn't allow you to go, you can approach labour court. For this, keep a copy of your resignation letter, if with ackowledgement, thats good.
Then, about your ban.. are you selected from abroad or transfrred from any other companies in Qatar? If latter, no ban will be imposed upon a request. otherwise, you can not reach here in work visa for the next 2 years.
If your employer paid for your relocation/furniture allowance/interest free car loan etc..and you resign within one year all that is paid until now is to be repaid. you need to give one weeks notice also. That’s is the procedure in my Company. Not sure if its applicable for other companies. You can come back to Qatar if they give you a no objection letter.
I read it a lot of times, however, there's a confusion and conflict between qatar labor law and the contract. Under the Article 49 of Qatar Labor Law, I quote:
"Article (49)
If the service contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:¬
1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination. If the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
2. In all other cases the notification shall be given in accordance with the following periods :
A) If the period of service is less than one year the notification period shall be at least one week.
B) If the period of service is more than one year and less than five years
the notification period shall be at least two weeks.
C) If the service period is more than five years the notification period shall
be at least one month.
If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof."
But per http://www.state.gov/e/eeb/ifd/2005/42107.htm
"All expatriate labor must have a Qatari sponsor. Therefore, foreign investors are urged to negotiate labor visa issues with their sponsors/local agents/partners in the early stages of contract negotiation. The Ministry of Interior and the current sponsor must approve all transfers of sponsorship of an expatriate from one Qatari national or firm to another. With the approval of the Ministry of Interior, sponsorship of employees who filed valid complaints of abuse by employers can be transferred without the current employer’s agreement. By law, an expatriate hired locally is only entitled to two sponsorship transfers during his/her residence in Qatar, provided he/she is below 60 years of age. Expatriates hired abroad are not allowed to change sponsorship. If for any reason a residence permit is canceled, the expatriate is not allowed to return to Qatar on a work visa for a period of two years."
I would like to know what will prevail. Please need your help so badly before deciding with this matter.
Thank you in advance
you read the contract properly. Either party can unlock or part ways within the first three months and you are supposed to even get NOC for transferring the sponsor.
The problem comes after 3 months or 6 months. You cant leave without a proper notice etc. depends what is written in your contract. And you are surely banned for two years in Qatar.
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