A new public holiday in Qatar

Council of Ministers Decision No.(33) of 2009 (“Decision”) was issued by HH the Emir Sheikh Hamad bin Khalifa al-Thani on 30 August, 2009.

The Decision amended Emiri Decision No.(29) of 1996 and Council of Ministers Resolution No.(6) of 2008 (“Resolution”), both of which set out the various public holidays applicable to the employees of Qatari Ministries and other government bodies, the public authorities and institutions of Qatar and the Qatar Central Bank (QCB), and the financial institutions it supervises, namely the Qatar Financial Markets Authority (QFMA) and the Qatar Securities Market (QSM).

Article (3) of the Resolution specifically sets out the holidays applicable to employees of the QCB, QFMA, and QSC as follows:

1.Eid al-Fitr, 3 days (QCB governor to determine when the holiday commences);

2.Eid al-Adha, 3 days (day 9 of Dhu Al-Hijjah, month 12 of the Islamic lunar calendar);

3.National Day, 18 December (previously 3 September, but changed in 2008); and

4.Financial Year Closing, 1 January.

The Decision provides that a new public holiday be inserted into Article (3), the result of which will be that these employees will now also enjoy a holiday day on the first Sunday of March of every year.

The Resolution also sets out the current public holidays for the employees of the Qatari ministries and other government bodies (Article (1)):

1.Eid al-Fitr, from day 28 of Ramadan to the end of day 4 of Shawal (month 10 of the Islamic lunar calendar which commences on the first day of Eid al-Fitr);

2.Eid al-Adha, from day 9 to end of day 13 of Dhu Al-Hijjah; and

3.National Day.

In addition the Resolution also sets out the current public holidays for the employees of the public authorities and institutions of Qatar (Article (2)):

1.Eid al-Fitr, from day 28 of Ramadan to the end of day 4 of Shawal for public authorities and the end of day 3 of Shawal for public institutions;

2.Eid al-Adha, from day 9 to end of day 13 of Dhu Al-Hijjah for public authorities and the end of day 12 of Shawal for public institutions; and

3.National Day.

Depending on which days of the week these public holiday days fall (eg. if they fall on a Friday and/or Saturday and/or another public holiday) it is likely that a day before or after will be allocated as a holiday, and the number of days separating two such public holidays will determine exactly how many days employees are allocated.

Article (78) of Law No.(4) of 2004 promulgating the Labour Law sets out the public holidays applicable to employees to whom the Resolution as amended by the Decision would not otherwise apply. These holidays are:

1.Eid al-Fitr, 3 working days;

2.Eid al-Adha, 3 working days;

3.National Day, 1 working day; and

4.Employer specified, 3 working days one of which is often added to the Eid al-Adha holiday making 4 days and referred to as the long Eid holiday.

The Employment Regulations of the Qatar Financial Centre (“Regulations”) mirror those of the Labour Law in terms of public holidays. In addition Article (32) of the Regulations reflects the Labour Law in that both provide that where an employee is required to work during a public holiday the employee should be able to take another working day off in lieu.

From the summary above it is apparent that most of Qatar’s public holidays are associated with religious celebrations.

Eid al-Fitr is a holiday marking the end of Ramadan, the month of fasting, and Eid al-Adha is a holiday at the end of the Haj, the annual Muslim pilgrimage to Makkah.

Both Ramadan and Haj are two of the greatest religious observances in Islam.

The holidays move forward approximately 10 days each year and the reason the exact dates cannot be determined in advance is due to the nature of the Islamic lunar calendar.

Estimates can be made in advance based on expected visibility of the hilal (waxing crescent moon following a new moon), but these should not be relied upon and may vary according to location.

National Day is a secular holiday and until 2007 it was celebrated on 3 September, the day on which Qatar gained its independence from the United Kingdom in 1971.

In 2008 a decision was taken to change National Day to 18 December to celebrate instead the day in 1878 on which Sheikh Jassim bin Mohamed al-Thani succeeded his father, Sheikh Mohamed bin Thani, as ruler.

Prior to his succession Qatar was divided into many different and often warring tribes which he united to form the State of Qatar. These tribes or Qabila (in Arabic) still exist today, but consider themselves first and foremost as Qataris.

* Note that this article is of a general nature only and is not legal advice and, therefore, should not be relied upon as such. Clyde & Co accepts no responsibility for any reliance on this article. Also, all laws in Qatar (outside the Qatar Financial Centre) are published in Arabic and Clyde & Co accepts no responsibility for any errors or omissions in translations upon which this article is based. For any further information in respect of legal issues, please contact Emma Higham or David Salt at [email protected] or [email protected]).

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