End of Service Benefits Advice PLEASE
I have a 3 year contract with my employer and I have completed just over 2 years of the contract.
According to my contract (see wording below), I have to complete the 3 years to get any end of service benefits. So if I were to resign now, I would not get any end of service benefits.
But according to Qatar Employment Law (see wording below), I am entitled to get end of service benefits for the 2 years I have completed.
Can anyone please advise me, or put me in contact with someone who can?
Contract Wording
“…. shall pay him an end of service award on the basis of his last basic salary, provided that his service shall not be less than 3 years ….”
Companies By-Laws Wording
“The employee who spends in the service of the Corporation three full years shall be entitled to an end of service gratuity ….”
Qatar Labour Law No 14 of 2004 Wording Article 54
“In addition to any amounts due to the employee, the employer shall pay the end-of-service benefits, in cases where the employee has worked for a period of one year or more. Such end-of-service benefits have to be agreed upon by the two parties and should not be lower than three weeks salary for every one year worked and shall be paid according to the period of work. The end-of-service benefit will also include any number of months for which the employee has worked, after completing one year.”
If your company is NOT covered by the LL#14 then there is probably a more comprehensive and, GENEROUS agreement if it is a government org.
This is in your favour as the LL#14 is really the bare minimum.
As torc said, just check with the MOL to find out who they are covered by.
Good luck.
No sorry. Just do an internet search.
Do you know the number for the Labour Department enquiries please?
------------------------------------------------------------ "Every adult of sound mind, should be able to choose to do whatever they want, as long as they cause no harm to others".
Ideally, you should be entitled to gratuity on your basic salary for the two year period that you worked for thus far. I recommend that you double check with the labour department. They are generally quite helpful just to ensure that your company goverment status does not result in losing any.
Or where can I find out?
------------------------------------------------------------ "Every adult of sound mind, should be able to choose to do whatever they want, as long as they cause no harm to others".
My company is probably classed as a government establishment, does this mean the Labour Law 14 dosnt apply to us? If it dosnt, is there another Labour Law that does apply to Government establishments? Or am I stuck having to work the full 3 years :(
------------------------------------------------------------ "Every adult of sound mind, should be able to choose to do whatever they want, as long as they cause no harm to others".
Just finish the 2 years and you can get your gratuity.
First, is your company covered under LL #14? If its a private comapny, it probably does but if its a government co, a or a Qatar Gas co (among others), it is not.
Second, the end of service gratuity really applies after 2005-its a bit of a contentious issued but, you couldn't go back to 2000 and expect 24 weeks of ESG.
If it does apply, aak is right, this part of the contract is in direct contradiction to the ll#14 and doesn't apply. Good luck!
I think, you know what to do
Your company's contract is in violation of Qatari Labour Law, hence the clause is null and void...Labour Law will take precedence over your contract..
...You can't mean what you say unless you can say what you mean...