Probationary Period
My son came to Qatar under Visit Visa and I sponsored him.
He landed a job as a QC Doc Controller in one of Intl Construction Company dealing in the Construction of NDIA.
He started only last 01 September 2009.
He works very hard but in the latter part of his first month with the company. he felt that this is not his job and he wants to quit so he filed a One (1) Month Notice on 10th October 2009 and it was approved only on 15th Oct 2009. It was forwarded to the company Admin Dept for processing of release.
Yesterday, he asked the Admin the status and they said, the visa is in process for cancellation. Admin told him that he has to pay the sum total to QR.1400.00.
My Question is? 1. Did the company has the right to deduct such a huge amount to employee who is still under probationary?
2. And for what is this amount?
My son actually asked the Admin but they said they will tell him on the day of his clearance.
3. Would anyone can explain about the legality and requirement when someone resigned during probationary period?
4. Does my son has the right to request for an NOC so he can apply with other company?
5. What about If the company did not give him an NOC? Can he still come back to Qatar?
To rb73 and qatarisun;
Sir / Madam; My son , yes came here under my sponsorship and I issued an NOC so the company can process his business visa and his resident visa.
And he was hired locally and the only expenses the company has is the Visa.
Well, If this is the Labour Requirement then, my son has no choice but to pay it.
Thanks guys...
Thank you very much Mr. Um Omar. Really appreciate the reply. I am just worried that If I complain to Labour, my son will be hold since he wanted to go home this coming 19th Nov. 2009.
I still don't know If it is right to send this information directly to the Company's Admin because, I was thinking that they may hold the release of my son passport.
Well, QR1400 is for processing his RP. And yes, Company has rights to deduct this amount. Can you imagine, the Company brings to Qatar some employee, carry out all the expenses occurred with regards to Visa processing, maybe ticket, maybe something else (the amount can be really huge), and the after 1-2 months the employee doesn’t “feel like” working for them. Moreover, he asks for the NOC so that he could work for someone else (his RP is issued already by the first company!). Now tell me, WHY the Company should do that? are they idiots? They invested money and TIME into this employee! Another case, if the COMPANY didn’t want the employee.
Now can you imagine, that the same Company brought another irresponsible employee, who also “didn’t feel like to work” after 1-2 months… Again, the Company has to carry out all the expenses??
So, if the employee didn’t like something, hey that’s fine, pay back all expenses that Company paid for you, and set yourself free.
It’s not only money by the way. I also would charge these irresponsible employees for the training, and for the time invested in them. We have similar case. One girl joint us, when she was in really bad situation, no money, almost in the street. We gave her a GOOD salary (and I mean it: GOOD salary), we have trained her, for three months (she already was receiving this GOOD salary during the training, while someone else was doing her job!), we have paid the penalties for her overstaied Visa, we issued an RP for her. And now, 4 months later, when she got some "good" friends, when she feels confident, she doesn’t want to work at all. Her new boyfriend provides her with everything. Now she wants to resign, and also want a NOC letter! Ok, fine, pay all our expenses, including the penalties that we have paid for you, and go to your boyfriend.
Is anything wrong in my point??
First of all he should not be working under any circumstances if on visit visa (Father Sponsored). Companies usually grant a 3 month business visa during the probation period and then change to residence visa. In your case I am afraid you can not take any legal action as this is not allowed to work under visit visa policy. However, take closes look on the contract regarding the termination or resignation during the probation period usually it is allowed for both parties to decide to continue or terminate the contract.
he has the right to ask for NOC but they might not give him.
he has to leave if so and still he can come again on visit or once he finds other job.
according to Qatar labour law: probation period is not more than 6 months.. and as he is still under probation.. only 3 days are required from him as a notice period.
the company has the right to not to pay him the ticket if they have done once he arrives as he is the one resigned.. but they dont have the right to deduct any other amount if this is not written in the contract. labour law says that.
if they are doing so, he can register a case in the labour dept. and they will invistigate the case by calling one of the big heads in the human Resources of this company and then they will give him all his rights..
dont keep silant..it is your son's right...