Entitled to leave during first year?
I've been trying to read through the labor law and need confirmation from people with more knowledge/experience in this. Can you help? :)
Situation: the employee has an indefinite contract and probation period of the first six months.
1 - Does this employee have any entitlement to leave (NOT including sick leave and national holidays) with pay before reaching the one-year mark? For example, he/she takes two days off for undisclosed personal reasons in the 4th month of employment. Can this be considered leave with pay or not?
2 - If the employee resigns before completing one year of service, is he/she still entitled to an air ticket to return home? I read on another forum that the cost of the ticket can be split between the company and the employee in such cases -- but I haven't found anything in the actual labor law to back that up.
3 - Are employers obliged by any law to provide an air ticket upon employees' resignation/termination/annual leave period, or is this just a common practice? Does it make a difference if the employee is not under their sponsorship (ie. sponsored by family)?
Your educated opinions would be much appreciated! ;D
Djmike & robin, thanks for your comments. I can see now that certain things are a contractual issue up to the employer and other things are obligations by law.
I'll keep on reviewing the law to find more info.
Hi chameleon, no matter the outcome I want to know where we stand and how to legally demonstrate that.
I know it might seem like nitpicking to ask about things like a two-day leave..but I still want to be informed. :)
No matter what is in the Labor Law, most employers do not abide by it. The answers to your questions will depend on your employer. If your employer is reasonable and you are lucky, then maybe they will grant some of your requests. Otherwise, the answer is no...Unless you are prepared to fight for your rights which will be too much hassle I suppose. Good luck:)
I can advise you based on my readings of Qatar Labor law and my 35 years of experience in Qatar.
A1. During your probation period, you are not entitled to any type of vacations except Sick leaves.
- If the company gave you approval to take day of, then it will not be paid.
A2. Depend on your Contract if it's (Local hire or overseas) if it is local hire and the employee decided to cancel the contract before one year, then the employee is not entitled for air ticket nor end of service benefits, unless your sponsorship is on the company and the company wants to cancel your contract/deport you.
However if your contract is overseas and the employee decided to cancel the contract before one year, then the company should pay you the air ticket keeping into consideration that your RP will be canceled.
Note: At all times you must provide a notice period for your employer/company for maximum of 30 days, subject to the request of employer according to the Qatar labor law.
A3. Employer/Company must provide air ticket back to your home every 12/24 calendar months, The air ticket should include your family aswell if you are married and you are the main sponsor of the family.
If you are not on the sponsorship of the company, then you have very weak powers to claim such rights, however it is all possible depends on your employer/company
There are many good companies in Qatar that will provide you with all these rights without asking for it, however you have to know your employer very well, check their reputation before you work for them, as after transferring your sponsorship your options are very limited.
1. Can be considered as leave without pay. (This may change according to company policy)
2. Company has to provide the ticket.
3. Company has to provide the ticket. In case of employee working under family sponsorship, not required to provide ticket.