MagicDragon said "According to the Labor Law you have the right to get an End of Service gratuity. Not less than three weeks salary and if a year is not completed the fraction of it. If the employer terminates without the legal notice he has to pay the amount of the time of legal notice that he failed to keep. These are your rights. However, you are in Qatar, and the laws are just black dots on paper!"
Hmm.. are you sure, MD? Article 54, Labour Law No. (14) of the Year 2004 "... the employer shall pay the end of service gratuity to the worker who has completed employment of one year or more... not less than 3 week wage for every year of service... entitled to the gratuity for the fraction of the year... "
The first proviso ie. primary condition is that the employee must have completed employment of one year or more.
Yes, agree that ttabet's company is unfair to her in the sense that they are taking advantage of her. However, they are skirting around the edges of the law and they are legally entitled to do so in respect of the gratuity issue. As for the contract issue - if she has evidence of the GM's agreement to her leaving on 22 April 2009, then warn HR first. If that fails, then go to the Labour Office.
In respect of her rights - as per my answer in her earlier question and subject to Amoud's advice here in this thread - as the additional information is given here and the advice changes accordingly. Suggest read both and form your way forward.
*****************************************
Don't want no drama,
No, no drama, no, no, no, no drama
MagicDragon said "According to the Labor Law you have the right to get an End of Service gratuity. Not less than three weeks salary and if a year is not completed the fraction of it. If the employer terminates without the legal notice he has to pay the amount of the time of legal notice that he failed to keep. These are your rights. However, you are in Qatar, and the laws are just black dots on paper!"
Hmm.. are you sure, MD? Article 54, Labour Law No. (14) of the Year 2004 "... the employer shall pay the end of service gratuity to the worker who has completed employment of one year or more... not less than 3 week wage for every year of service... entitled to the gratuity for the fraction of the year... "
The first proviso ie. primary condition is that the employee must have completed employment of one year or more.
Yes, agree that ttabet's company is unfair to her in the sense that they are taking advantage of her. However, they are skirting around the edges of the law and they are legally entitled to do so in respect of the gratuity issue. As for the contract issue - if she has evidence of the GM's agreement to her leaving on 22 April 2009, then warn HR first. If that fails, then go to the Labour Office.
In respect of her rights - as per my answer in her earlier question and subject to Amoud's advice here in this thread - as the additional information is given here and the advice changes accordingly. Suggest read both and form your way forward.
*****************************************
Don't want no drama,
No, no drama, no, no, no, no drama