For the execution of the provisions of this Law, the following words and expressions shall have the meanings herein assigned to such, unless the context requires otherwise:
1- Ministry: Ministry of Labour.
2- Ministry: Ministry of Labour.
3- Department: Labour Department at the Ministry, and in the application of the provisions of Article No. 12, 15, 19, 20, 22, 23/2/1 & 27 of this Law, the Department of National Labour Force Development;
4- Employer: Any natural or legal person employing one or more workers in return for Remuneration.
5- Worker: Any natural person who works, in return for Remuneration, for an employer or under his management or supervision.
6- Apprentice: Any natural person having an apprenticeship contract with an employer for having him instructed on the rudiments of a trade or craft or for increasing his knowledge and skills thereon.
7- Juvenile: Any natural person, who has reached the age of sixteen but has not reached the age of eighteen.
8- Work: Any human effort, whether intellectual, technical or physical exerted in return for Remuneration.
9- Employment Contract: An agreement between an employer and employee, whether of a fixed or indefinite term, whereby the employee undertakes to perform a certain work for the employer, under his management or supervision in return for a remuneration
10- Basic Salary: The Remuneration paid to the Worker, including only the annual raise, for the Work he performs in a certain period of time, or on the basis of piecework or production.
11- Remuneration: The basic salary plus all the raises, allowances and bonuses that are paid to the worker in return for or in respect of the work, of whatever type and means of calculation.
12- Occupational Training: Instructing the trainee on the rudiments of a trade, craft, increasing his knowledge or skills thereon or qualifying the worker to change his trade by the necessary practical and theoretical means and programs.
13- Licensed Physician: A person who is authorized to be a medical practitioner in the State of Qatar.
14- Institution: Any establishment of which Qatari capital shall not be less than 51% of its total capital and shall have its head office in the State of Qatar.
15- Establishment: Any project managed by a natural or legal person who employs a worker(s).
16- Continuous Service: A worker’s uninterrupted service for the same employer or his legal successor. Such service shall not be interrupted in case of having, an authorized legal or approved leave or absence, or during the cessation of the Work in the Establishment for a reason beyond the Worker’s control.
17- Temporary Work: The work of which nature necessitates its completion in a limited period or which is limited to a certain work and ends upon the completion thereof.
18- Casual Work: The work, which is by its very nature not included in the activities, carried on by the employer and the performance of which does not take more than four weeks.
19- Work Injury: A worker’s sufferance of any occupational disease listed in Schedule No.(1) attached hereto, or any injury resulting from an accident happening to the worker during the performance of his work or by reason thereof or any commuting accident provided that the journey to and from the work is made without any break lingering, or diversion from the normal route.
20- Labour Unions: The Workers’ Committees, the General Committee for the Workers in a trade or industry and the General Union for the Workers of Qatar.
21- Competent Medical Authority: The authority to be specified by the National Health Authority.
Unless otherwise stated, the provisions of this law shall not apply to the following categories:
1. The employees and workers in the ministries and other governmental organs, public institutions, corporations and companies, which Qatar Petroleum establishes or participates in their establishment, or has shares in, the Workers of existing companies executing exploration agreements and sharing the production, and agreements of developing the fields and sharing the production, and the joint venture agreements in the field of petroleum operations and petrochemical industries, and also those whose employment affairs are regulated by special laws;
2. The Officers and members of the armed forces, and police forces, members of the military bodies, and marine personnel;
3. The workers employed in casual works;
4. Domestic workers, such as drivers, governesses, cooks, gardeners and similar workers;
5. Working members of employer’s family, such as spouses, ascendants and descendants who are residing with and wholly dependent on him;
6. Farming and grazing Workers, other than those working in agricultural Establishments that process and market their own products, or those who are permanently employed to operate or repair mechanical equipment required for agricultural work.
All or some of the provisions of this Law may, by a resolution of the Council of Ministers upon the recommendation of the Minister, be applied to categories 3, 4, 5 & 6 referred to in this Article.
The employer shall, prior to the commencement of the work in his establishment, notify in writing the Department of the following particulars:
1. The name of the establishment, its location, its type of activities, its correspondence address and its telephone number.
2. The nature of the work, which the establishment carries on.
3. The number of workers employed by the establishment, their professions and nationalities.
4. The name of the in-charge manager of the establishment.
All contracts and other documents and written instruments provided for in this law shall be made in Arabic.
The employer may attach to such contracts, documents or written instruments translations into other languages. In case of any discrepancy, the Arabic text shall prevail.
All lawsuits filed by the workers or their heirs claiming the entitlements accruing under the provisions of this law or the employment contract shall be dealt with urgency and shall be exempted from judicial fees.
Subject to the provisions of Article 113 of this law, the right to file a lawsuit for a claim of the entitlements accruing under the provisions of this law or the employment contract shall lapse by the expiry of one year from the contract expiration date.
The Occupational training shall be carried out inside the establishments or in the institutes and centres, which are to be designated for this purpose.
The Minister shall, by a decree thereof, specify the theoretical and practical programs for the training, its maximum duration, the rules and conditions to be followed in respect thereof, the method of examination and the certificates to be granted to the trainees upon completion of the training.
The occupational training contract shall be in writing. There shall be specified therein the type of the trade or craft, on which the Apprentice is to be trained, the period of the training, its consecutive stages and the remuneration to be paid to the apprentice provided that the remuneration to be paid to the apprentice in the last stage of the training shall not be less than the minimum remuneration prescribed for similar work.
The remuneration of the apprentice shall not be fixed on the basis of the piece or production.
The employer may terminate the Occupational training contract before its expiration date in the following instances:
1. If it has been proved that the apprentice is not capable of learning the craft or trade.
2. If the apprentice commits a breach of any of his essential obligations under the contract.
The apprentice, his guardian or trustee may terminate the Occupational training contract at any time, provided that the termination is based on due grounds.
The party intending to terminate the contract shall notify the other party in writing at least seven days prior to the date he fixes for the termination.
The Department shall, in respect of regulating the employment of the Qatari Nationals, perform the following:
1. Collection of the information concerning the supply and demand for manpower and preparation of studies on the status of employment.
2. Registration of the Qatari nationals who are unemployed and those who are looking for better employment in a registry to be prepared for this purpose at their request. Applicants seeking jobs shall be given a free-of-charge registration certificate, wherein his age, his profession, his qualifications and his previous employment shall be specified.
3. Nomination of the registered applicants to the employers for the posts and works that are suitable for them and suit their ages and technical capabilities with the employers.
The employer shall notify the Department of the vacant posts and works available with him, the conditions which the persons who may occupy or carry out these posts and works must satisfy, the remunerations fixed for any of these posts or works and the dates fixed for the occupancy or carrying out thereof within a period not exceeding one month from the date of the creation or availability of a vacancy or the provisioning of the work.
The employer shall, within seven days of the employment contract execution, return to the Department the registration certificate of the worker, with whom he has contracted, attached thereto is a statement including the type of work and amount of remuneration and the date fixed for the commencement of the employment.
Non-Qatari workers shall not be employed unless approved by the Department and their obtaining of permits to work in the State in accordance with the rules and procedures to be specified by the Ministry.
The work permit shall be issued to the non-Qatari subject to the following conditions:
1. The non-availability of a qualified Qatari worker registered with the Department to carry out the work in respect of which the work permit is applied for;
2. The non-Qatari applying for the work permit shall be in possession of a residence permit;
3. The non-Qatari national shall be medically fit.
The validity period for the work permit shall be limited to the permitted residence period so that it may not exceed five years unless the approval of the Department is obtained.
The provision of this Article shall apply to the categories provided for in Sub-Articles (3), (4), (5) and (6) of Article (3) of this law.
The Minister may cancel the work permit granted to a non-Qatari worker in the following instances:
1. Failure to satisfy either of Condition (2) or (3) provided for in Article (23) of this law.
2. Unjustifiable cessation of employment for a period of more than three months.
3. Working with another Employer other than that for whose employment the permit was issued.
4. Dismissal of the worker on disciplinary grounds.
The proportion of the non-Qatari workers to the Qatari workers in various Work sectors shall be determined by a decision of the Minister.
The Minister may prohibit the employment of non-Qatari workers in any of these sectors as the public interest may necessitate.
The employer may not recruit workers from abroad except through a person authorised to do so.
As an exception to this provision, the employer or his authorised representative may recruit workers from abroad for his own account after obtaining the approval of the Department. This exception includes “householders,” who shall be exempted from obtaining the approval of the Department in respect thereto.
A natural or juristic person may not recruit workers from abroad for others unless he has obtained a license to do so.
The license shall be valid for two years renewable for a similar period or periods. The conditions of obtaining the license shall be determined by a decision of the Minister.
The granting of the license to recruit workers from abroad for others shall be made by a Decision of the Minister and the Department shall notify the concerned party of the approval or disapproval to grant the license within one week from the date of its issuance.
If the application for the license is refused or the period provided for in the preceding article expires without a Decision on the application being made, the applicant may appeal to the Minister within 15 days as from the date of his being notified of the refusal decision or the expiry of the period referred to. The appeal shall be decided on within thirty days as from the date of its submission. The decision of the Minister on the application shall be final and the expiry of this period without a decision on the appeal being made shall be considered as a refusal of the appeal.
The person who is licensed to recruit workers from abroad for others shall be prohibited from doing the following:
1. To receive from the worker any sums representing recruitment fees or expenses or any other costs.
2. To carry out in the office any other business other than the recruitment of workers from abroad for others.
The recruitment of workers from abroad for others shall be made in accordance with a written recruitment contract between the licensed person and the employer in accordance with a form to be determined by a decision of the Minister.
The task of the licensed person shall be considered to have been completed immediately on the arrival of the workers and their delivery to the employer without prejudice to the obligations specified in the recruitment contract.
Fees shall be imposed on the following:
1. The granting of the work permit and the renewal and replacement thereof.
2. The granting of the license to recruit workers from abroad, and the renewal and replacement thereof.
3. The attestation of the seals of companies and establishments, the Employment Contract, the certificates and the other documents, which are to be attested by the Ministry.
The fixing of these fees and the exemption therefrom shall be made by a resolution of the Council of Ministers.
The Employment Contract shall be made in writing and attested by the Department and shall comprise three copies, one copy to be delivered to each of the parties and the third copy to be deposited with the Department.
The Employment Contract shall specify the terms concerning the labour relationship between its two parties and in particular shall contain the following:
1. The name of the employer and workplace;
2. The name, qualifications, nationality, profession and residence of the worker and the proof necessary for his identification;
3. The date of conclusion of the contract;
4. The nature and type of the work and place of contracting;
5. The date of commencement of the work;
6. The period of the contract if the contract is of a fixed term;
7. The agreed-upon remuneration and the method and date of the payment thereof.
If the Employment Contract is not made in writing the worker may prove the labour relationship and the rights which have arisen therefrom by all means of proof.
The Employment Contract may contain a provision subjecting the worker to a probation period to be agreed on between the two parties provided that the probation period shall not exceed six months as from the work commencement date.
The worker shall not be subjected to more than one probation period with the same employer.
The employer may terminate the contract within the probation period if it has been proved to him that the worker is not capable of carrying out the work provided that the employer shall notify the worker thereof before at least three days as from the date of termination.
If the Employment Contract is of a fixed term, the duration thereof shall not be more than five years. This period may be renewed for a similar period or periods by agreement of the two parties.
If the contract has not been renewed and the parties thereto continue to abide by it after expiry of its duration without an explicit agreement, the contract shall be considered to have been renewed for indefinite duration on the same conditions provided for therein. The renewed duration shall be considered to be an extension of the previous duration and the period of service of the worker shall be calculated as starting from the date of his entering the service of the employer for the first time.
The worker shall undertake the following:
1. To perform the work by himself and exercise the care of the ordinary man in its performance;
2. To carry out the orders of the employer concerning the performance of the work if these orders do not include orders which contravene the law or the contract and if the carrying out of these orders does not jeopardize the worker;
3. Not to work for third parties for or without remuneration;
4. To take care of the raw materials, means of production, products etc., which are in his possession or under his disposal and to take the necessary steps for their safe keeping and maintenance;
5. To carry out the occupational health and safety instructions prescribed in the establishment;
6. To cooperate in the prevention of the occurrence of accidents in the workplace or in the alleviation of the results thereof;
7. To continuously procure the professional and cultural development of his skills and expertise in accordance with the regulations and procedures prescribed by the employer in participation with the competent authority within the limits of available facilities;
8. Not to disclose the work secrets even after expiry of the contract;
9. Not to use the work tools outside the workplace without permission of the employer and to keep such tools in the places designated therefor;
10. Not to accept gifts, remunerations, commissions or sums in respect of performance of his duties otherwise than from the employer;
11. To return on the expiry of the contract the non-consumed tools or materials at his disposal.
Any condition in an employment contract shall be void when it contains an undertaking by the worker to work for the rest of his life with the employer or to abstain from carrying out any craft or profession which may be carried out after leaving the work even if the contract is agreed before the coming into force of this law.
If the work nature allows the worker to know the clients of the employer or the secrets of the establishment’s business, the employer may stipulate that the worker shall not compete with him or participate in any enterprise, competing with him after expiry of the contract. Such stipulation shall be valid only if it is restricted as to its duration and place and to type of the work to the extent necessary for the protection of the legitimate interests of the employer. The period of such undertaking shall not exceed two years.
The employer may not ask the worker to perform other than the work agreed upon unless necessity so requires for the prevention of an accident or repair of what arises therefrom or in case of force majeure provided that the worker shall be paid the entitlement accruing therefrom.
As an exception from the foregoing, the employer may ask the worker to perform work other than the work agreed upon if it is temporary or if the work does not substantially differ from the original work and if the request to perform that work does not entail an insult on the worker provided that the worker’s remuneration the shall not be reduced.
The employer, who employs ten or more workers, shall make bylaws for the organization of the work in his establishment. The coming in to force of these bylaws and any amendments thereto shall be conditional on their production to the Department for the approval thereof. If the Department does not notify the approval of such regulations within one month from the date of their submission they shall be considered to have been approved.
Such bylaws shall be posted at a visible place in the establishment for the perusal thereof by the workers and shall not be effective against them until the expiry of 15 days from the date of the announcement thereof.
The Minister may, by a decision thereof, determine the form of the bylaws regulating the work for the guidance of the employers.
The employer shall keep a special file, for each worker where he shall deposit all papers and certificates concerning the worker and the decisions and instructions related thereto.
The employer shall keep the said file for a period of at least one year after the expiry date of the service of the worker with him.
The employer shall keep the following registers:
1. The workers’ register, which shall in particular contain the names, nationalities, jobs, amounts of remuneration, date of commencement of work, marital status, academic and professional qualifications, leaves of the workers and the penalties inflicted upon him;
2. The payroll record, where there shall be included the names of the workers in the order of their engagement in the work, the amounts of daily, weekly or monthly remunerations, or the piecework or production rates and their supplements in respect of every worker, the bonuses paid to them, the amounts of deductions and the net salary received by every worker;
3. The register of total penalties where the monetary penalties are inflicted upon the workers and the total amount thereof shall be entered;
4. The register of work injuries where the work injuries sustained by every worker shall be entered;
5. The end-of-service register where the names of the workers whose services have been terminated, the dates and causes of the termination and the entitlements paid to them or to their heirs shall be entered.
If the Employment Contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:
1. In respect of the workers who receive their remunerations annually or monthly, the notification shall be given not less than one month prior to the contract termination date if the service period is five years or less. If the service period is more than five years, the notification period shall be at least two months prior to the date of termination.
2. In all other instances, the notification shall be given in accordance with the following periods:
If the service period is less than one year the notification period shall be at least one week.
If the service period is more than one year and less than five years the notification period shall be at least two weeks.
If the service period is more than five years the notification period shall be at least one month
If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the remuneration for the notification period or the remaining part thereof.
The employer shall pay the worker his remuneration in full for the notification period provided for in the preceding article, if the worker performs his work in the usual manner during the said period.
The employer shall give permission to the Qatari worker to absent himself from work for reasonable times to enable him to register his name in the register of the Department in order that the worker can avail himself of new job. The worker shall notify the employer of the new job immediately on obtainment thereof and shall continue with the work thereafter till the expiry of the notification period.
The worker may terminate the Employment Contract before its expiration date if the contract is of a fixed term and without giving reasons for the termination if the contract is of an indefinite duration and retains his full right to obtain the end-of-service gratuity in the following instances:
1. If the employer commits a breach of his obligations under the Employment Contract or the provisions of this law;2. If the employer or the in-charge manager commits a physical assault or immoral act upon the worker or any of his family member;
3. If the employer or his representative has misled the worker at the time of entering into the Employment Contract as to the terms and conditions of the work;
4. If there exists a gross danger jeopardizing the health and safety of the Worker provided that the Employer is aware of the danger and does not take the necessary actions to remove it.
The Employment Contract shall not terminate in any of the following two instances:
1. Death of the employer, unless the contract has been concluded for consideration related to the person or professional activities of the employer which cease upon his death.
2. The merger of the establishment with another enterprise or transfer of its ownership or the right in its management to a person other than the employer for any reason.
The successor shall be jointly liable with the former employer for the payment of the workers entitlements accruing from the latter.
The employer shall upon expiry of the Employment Contract:
1. Give the worker upon his demand, free of charge, a service certificate indicating the date of his engagement in the employment, the date of expiry of his employment, the type of work he was performing and the amount of remuneration he was receiving.
2. Return to the worker the certificates, documents etc. which the worker deposited with the employ.
In addition to any sums to which the worker is entitled to upon the expiry of his service, the employer shall pay the end-of-service gratuity to the worker who has completed employment for one year or more. This gratuity shall be agreed upon by the two parties, provided that it is not less than a three-week remuneration for every year of employment. The worker shall be entitled to such gratuity for the fractions of the year in proportion to the duration of employment.
The worker’s service shall be considered continuous if it is terminated in cases other than those stipulated in Article 61 of this Law and is returned to service within two months of its termination.
The last basic salary shall be the base for the calculation of the gratuity. The employer is entitled to deduct from the service gratuity the amount due to him by the worker.
If the worker dies during the employment for whatsoever causes, the employer shall, within a period not exceeding fifteen days from the date of death, deposit with the court any remunerations or entitlements due to the worker in addition to the end-of-service gratuity. The depositing record shall contain a detailed report indicating the method of calculating the sums referred to and a copy of the record shall be delivered to the Department.
The court shall distribute the deposited sums amongst the heirs of the deceased worker in accordance with the provisions of the Islamic Sharia or the personal law applicable in the country of the deceased. If three years lapse from the date of depositing without the person entitled to the deposited sums being known, the court shall transfer the said sums to the public fund of the State.
The employer, who maintains a retirement system or a similar system which secures for the worker a greater benefit than the end-of-service gratuity to which the worker is entitled under the provisions of Article (54) of this law, shall not be obligated to pay to the worker the end-of-service gratuity in addition to the benefit available to the worker under the said system.
If the net benefit accruing to the worker under the said system is less than the due gratuity, the employer shall pay to the worker the end-of-service gratuity and return to him any sum whereby the worker may have contributed to the said system. The worker may choose to receive either the end-of-service gratuity or the pension accruing to him under the said system.
Upon termination of the service of the worker, the employer shall, at his expense, return him to the place from where he has recruited him at the commencement of the engagement or to any place agreed upon between the parties.
The employer shall complete the proceedings of returning the non-Qatari worker within a period not exceeding two weeks from the expiry date of the contract. If the worker joins another employer before his departure from the State, the obligation to return him to his country or other place shifts to the latter employer.
The employer shall bear the costs of preparing the corpse of the deceased worker and the conveyance thereof to his country or place of residence upon the demand of his heirs.
If the employer does not repatriate the worker or his corpse after his death, as the case may be, the Department shall return the worker or his corpse at the cost of the employer and recover the said costs through the administrative means.
An employer employing ten workers or more shall make penalty regulations specifying the violations and the disciplinary penalties to be imposed on the workers who commit these violations and the conditions and procedures for the infliction thereof.
The Minister may, by a decision thereof, issue forms for such disciplinary regulations in accordance with the nature of the work for the guidance of the employers in the preparation of their own regulations.
The coming into force of the disciplinary regulations and the amendments thereto shall be subject to the approval of the Department within a month from the date of its submission thereto and if this period expires without objection to the regulations, such regulations shall be deemed to have been approved.
The employer shall post these regulations at the workplace for the perusal thereof by the workers. The regulations shall only come into force upon the lapse of fifteen days from the date of their being posted up.
The disciplinary penalties which may be imposed on the workers are:
1. Warning, which shall be deemed to have been achieved by a written letter to the worker containing a notification of the violation, he has committed, requesting him not to repeat the committal thereof and warning him of the imposition of a severer penalty in case of repetition;
2. Cut-down from the remuneration of the worker for a period not exceeding five days in respect of one violation;
3. Suspension from work together with non-payment of the remuneration for a period not exceeding five days in respect of one violation;
4. Suspension from work without payment or with reduced payment pending the adjudication upon the criminal charge imputed to the worker; if the worker is acquitted or if the charge against him has been dropped, the suspension shall be deemed to have never taken place and the worker shall be paid his entitlements during the suspension period;
5. Postponement of the grant of annual perquisite for a period not exceeding six months or the non-payment thereof in the establishments, which maintain perquisite systems;
6. Postponement of promotion for a period not exceeding one year in the establishments, which maintain promotion systems;
7. Dismissal from work with payment of the end-of-service gratuity;
8. Dismissal from work and non-payment of the end-of-service gratuity.
The sums, which may be deducted from the worker’s remunerations in execution of disciplinary penalties imposed on him and the other deductions therefrom, shall not exceed his remuneration for five days per month.
The employer shall record the total penalties imposed on the worker in the register of the total penalties. The said register shall contain the name of the worker and the amount of deductions and the reason for the imposition and date of the penalty. The said register shall be subject to the inspection of the Work Inspection Organ.
The outcome of the deductions to be imposed on the workers shall devolved to the body, which shall be specified by a Decision of the Minister. The Decision shall specify the manner of disposal of the deductions.
The employer may dismiss the worker without being warned and without payment of the end-of-service gratuity in the following instances:
1. If the worker assumes a false identity or nationality, or submits false certificates or documents;
2. If the worker commits an error, which causes gross financial loss to the employer provided that the employer shall notify the Department of the incident within twenty-four hours from the time of his being aware thereof;
3. If the worker violates more than once the written instructions of the employer concerning the safety of the workers and the establishment despite his being notified in writing of the violation provided that these instructions shall be written and posted up in a visible place;
4. If the worker fails more than once to carry out his essential duties under the Employment Contract or this law despite his having been warned in writing thereof;
5. If the worker discloses the secrets of the establishment where he is employed;
6. If the worker is found during the working hours in a state of drunkenness or under the influence of a drug;
7. If the worker assaults the employer, the manager or one of his supervisors in the workplace during the work or by reason thereof;
8. If the worker repeats the assault on his colleagues in workplace despite being warned in writing thereof;
9. If the worker absents himself from work without legitimate cause for more than seven consecutive days or fifteen days in one year;
10. If the worker has been finally sentenced for a crime involving immorality or dishonesty.
In imposing the penalties on the violating workers, the following shall be observed:
1. The worker shall not be accused of a violation after fifteen days of the employer being aware of the violation, with the exception of the violations constituting criminal offences;
2. The worker shall not be penalized otherwise than for a violation directly related to the work whether committed during the work and in its place or outside.
3. The worker shall not be penalized before his being informed of the accusation against him and being investigated into in writing. The investigation may be oral in the case of minor violations, the penalties of which prescribed in the penalty regulations shall not exceed the warning or deduction not exceeding the remuneration for one day, provided that the report of investigation shall be filed in the workers’ special register;
4. There shall not be imposed on the worker for the single violation not more than one disciplinary penalty;
5. The disciplinary penalties that the employer may impose on the workers shall not be imposed except by the employer, his authorized representative or the manager of the establishment;
6. A penalty may not be inflicted for an act, which has not been provided for in the penalty regulations.
The worker shall be notified in writing of the penalty imposed upon him. If the worker declines to receive the notification, such notification shall be posted in a visible place in the workplace.
If the worker is absent from work, he shall be notified of the penalty by a registered letter to his permanent address stated in his particular file.
A worker shall, before his recourse to the competent court, appeal to his employer against the penalty imposed upon him within seven days of being aware of such penalty. The appeal shall be decided upon within seven days of its submission. The appeal is considered rejected if this period lapses.
In the event of rejection of an appeal or if it is not decided upon within the above period, the worker may appeal to the Department against the penalty imposed upon him within seven days as of the date of rejection.
The Department shall decide on the worker’s appeal within seven days as of the date of the submission of the appeal. The Department’s decision shall be final; and lapse of this period without deciding on the claim shall be considered rejection thereof.
As an exception, the worker may appeal against the penalty of dismissal from work before the competent court.
If the court decides that the dismissal is arbitrary or in violation of the provisions of this law, it shall either annul the dismissal and order the return the worker to his work and the payment of his remunerations for the period he was not allowed to work in implementation of such penalty or payment of a suitable compensation. Such compensation shall include the remunerations and other benefits denied to him as a result of such dismissal.
The Worker shall be entitled to the remunerations specified in the Employment Contract. If the contract does not specify the remunerations, the worker shall be entitled to the remunerations specified in the work regulations.
If the remuneration is not specified in accordance with the preceding Paragraph, the worker shall be entitled to a remuneration equivalent to the remunerations estimated for work of a similar type in the establishment, or otherwise in accordance with the custom applicable to the profession in the place of performance of the work. If there is no such custom, the judge shall specify the remuneration in accordance with the requirements of justice.
The remunerations and other sums to which the worker is entitled shall be paid in the Qatari currency.
The remunerations of the workers employed on an annual- or monthly-basis remuneration shall be paid at least once in every month. The remunerations of all other workers shall be paid once at least every two weeks. The remunerations shall be paid to the worker himself within the working day and during working hours in the usual place of work or any other place to be approved by the Department. The remunerations may be transferred to the account of the worker at the bank to be agreed upon by the two parties or paid to the attorney appointed by the worker in writing.
The employer shall not be relieved from his obligation to pay the remuneration due to the worker unless he has actually transferred it to the bank or the worker or his attorney has signed in acknowledgement of the receipt thereof in the register or receipt prepared for this purpose, provided that the said documents shall include the details of the remunerations.
Any part of the remuneration to which the worker is entitled may not be attached, and the payment thereof may not be withheld except for the execution of a judicial decision.
In case of attachment in execution of a judgment, the Sharia alimony debt shall have priority over all other debts and the total of the sums attached shall not exceed 35% of the remuneration of the indebted worker.
The employer may not charge any interest on the loan he may grant to the worker, and shall not as well deduct more than 10% from the worker’s remuneration in settlement of the loan.
The total of the sums to be deducted from the worker’s remuneration in settlement of the deductibles and debts due from him shall not exceed 50% of his aggregate remuneration. If the percentage, which shall be deducted from the remuneration of the worker within one month exceeds this percentage, the deduction of the excess percentage shall be deferred to the following month or months.
If the worker causes the loss of, damage or destruction to machinery, products or equipment of the establishment as a result of his fault, the worker shall be obligated to compensate the employer for the damage resulting therefrom provided that the obligation of the worker for the compensation shall be preceded by an investigation.
The employer may deduct the value of the compensation from the remuneration due to the worker provided that the value of the compensation does not exceed the remuneration due to the worker for seven days in one month.
The worker may appeal against the decision of the employer on the valuation of the compensation to the Department within seven days from the date of his being notified thereof.
If the Department cancels the decision of the employer or evaluates a lesser compensation due from the worker the employer shall return to the worker the amount which he has deducted in excess without a right thereto within not more than seven days.
The maximum ordinary working hours shall be eighty four hours per week at the rate of eight hours per day with the exception of the month of Ramadan when the maximum working hours shall be thirty six hours per month at the rate of six hours per day.
The time, spent by the worker in transportation to and from the workplace and worker’s residence, shall not form part of the working hours.
The working hours shall include an interval or more for prayer, rest and taking of meals which interval or intervals shall not be less than one hour and shall not be more than three hours. The said intervals shall not be taken into consideration for calculating the working hours in fixing the rest interval but the worker shall not work for more than five consecutive hours.
The Minister shall, by a decision thereof, specify the types of work in respect of which the work may continue without stoppage for the purpose of rest.
The workers may be required to work additional hours to the working hours specified in the preceding article, provided that the actual working hours per day shall not exceed ten hours unless the work is necessary for the prevention of gross loss or dangerous accident or for the repair or alleviation of the consequences of the said loss or accident.
The employer shall pay to the worker for the additional working hours the rate of not less than the basic salary plus not less than 25% thereof.
The workers who work between 9pm and 6am shall be paid the basic salary plus not less than 50% thereof with the exception of the shift workers.
The worker shall be allowed of a weekly paid rest which shall not be less than twenty-four consecutive hours and Friday shall be the weekly rest day for all workers with the exception of the shift workers. If the circumstances of the work necessitate the employment of the worker during the rest day the worker shall be compensated for the rest day by another day, and shall be paid for working that day the remuneration payable to him for the ordinary weekly rest day or his basic salary plus an increase of not less than 150%.
With the exception of shift workers, a worker shall not be required to work more than two consecutive Fridays.
The provisions of Article 73 shall not apply to the following categories:
1. The workers carrying out preparatory and complementary works that shall be performed before or after the working time;
2. Guarding and cleaning workers;
3. The other categories of workers to be specified by a Decision of the Minister. The maximum working hours for these works shall be specified by a Decision of the Minister.
The worker shall be entitled to annually, leave with full remuneration as follows:
1. Three working days for Eid EI-Fitr.
2. Three working days for Eid Al-Adha.
3. One working day for the Independence Day.
4. Three working days to be specified by the employer.
If the circumstances of the work require the employment of the worker during any such leave days, the provisions of Article (75) of this law shall be applied to him.
The worker, who has completed one continuous year in the service of the employer, shall be entitled to an annual leave with the pay provided for in Article (72) of this law. This leave shall not be less than three weeks for the worker whose service is less than five years and four weeks for the worker whose service is more than five years.
The worker shall entitled to a leave for the fractions of the year in proportion to the period of his service.
The employer shall fix the worker’s date of the annual leave in accordance with the work requirements, and may divide the leave with the consent of the worker provided that the division shall not be into more than two periods.
The employer may, on a written application of the worker, postpone not more than half of the annual leave to the year following the year of its entitlement.
The worker shall be entitled to a sick leave with pay for every year of his service term. Such sick leave shall not be granted unless after three months as from the commencement of his engagement for the first time provided that the worker proves his sickness by a certificate from a physician approved by the employer.
The worker shall be paid his full remuneration if the sick leave does not exceed two weeks. If the sick leave extends thereafter, the worker shall be paid half of his remuneration for other four weeks. The extension of the sick leave thereafter shall be without pay until the worker resumes his work or resigns or his service is terminated for health reasons.
The service of the worker may be terminated at the end of the twelfth week of the sick leave if it has been proved by a report, issued by the competent physician that the worker is unable to resume his work at that time.
If the worker resigns from work because of the sickness and with the approval of the competent physician before the end of the six months to which the worker is entitled as a sick leave with pay, the employer shall pay the worker the balance of his entitlement. This provision shall also apply in case of death because of sickness before the end of the said six weeks.
The preceding provisions shall not prejudice the worker’s right in his entitlements to an end-of-service gratuity. The sick leave for twelve-week period taken by the worker shall not be deemed to constitute an interruption of his continuous service.
The Muslim worker shall be entitled to a special leave without pay, not exceeding twenty days to perform the pilgrimage once throughout his service period.
The employer shall specify the number of the workers who may be granted such leave annually in accordance with the work requirements subject to giving priority to the worker who has been in continuous service for a longer period whenever the circumstances of the work permit.
No juvenile may be employed without the consent of his father or guardian and the issuance of a special permission from the Department.
If the juvenile is a Qatari pupil, an approval from the Minister of Education shall be obtained.
No Juveniles shall be employed in the works, where their nature and circumstance of the performance of which may cause damage to the health, safety or morals thereof. These works shall be determined by a decision of the Minister.
No Juvenile may be employed before he has been medically examined by the competent medical authority and his fitness for the work, he is required to perform, has been proved.
The employer shall repeat the medical examination of the Juvenile at least once a year.
The normal working hours for the Juvenile may not exceed thirty-six hours per week at the rate of six hours per day with the exception of the month of Ramadan when the working hours shall not exceed twenty-four hours per week at the rate of four hours per day.
The time spent by the Juvenile in transporting between his residence and workplace shall not be calculated within the working hours.
The working hours shall include one or more intervals for rest or taking meals so that the Juvenile may not work continuously for more than three consecutive hours. Such interval or intervals shall not be calculated as part of the working hours.
Every employer, employing a Juvenile or more, shall perform the following:
1. Submitting to the Department a statement, showing the name and work of the Juvenile and date of his engagement.
2. Posting up in a visible place a clear statement of the working hours, the Juveniles employed by him and their intervals of rest.
A female worker who has been employed by an employer for a complete year shall be entitled to maternity leave with full pay for a period of fifty days. Such maternity leave shall include the period before and after the delivery, provided that the period following the delivery shall not be less than thirty five days.
This leave shall be granted subject to a medical certificate issued by a licensed physician stating the prospective date of delivery.
If the remaining period of the leave after delivery is less than thirty days, the female worker may be granted a complementary leave from her annual leave. Otherwise, the complementary period shall be deemed to be a leave without pay.
If the female worker’s medical condition after delivery prevents her from resuming her work after expiry of her leave referred to in the preceding paragraphs, such female worker shall be deemed to be on leave without pay provided that the period of her absence from works shall not exceed sixty consecutive or interrupted days, and provided that a medical certificate of her medical condition shall be produced from a licensed physician.
The obtainment by the female worker of the delivery leave shall not prejudice her entitlement to her or other leaves.
The nursing female worker shall be entitled in addition to her entitlement to the rest interval provided for in Article (73) of this law during the year following the year of delivery to a nursing interval, which shall not be less than one hour per day. The fixing of the nursing times shall be made by the female worker.
The nursing period shall be calculated in the working hours, and shall not result in any reduction in the Remuneration.
The employer may not terminate the Employment Contract of a female worker due to her marriage or obtaining the leave provided for in Article (96) of this Law.
The employer may not notify of the termination of her Employment Contract during this leave and may not send her a notification, the expiration of which is during the said leave.
The employer shall take all precautionary measures for protecting the workers during work from any injury or disease that may result from the work performed in his establishment or from any accident, defect or breakdown in the machinery and equipment therein or from fire.
The employer may not burden the worker with or deduct from his remuneration any sum in return for his providing these precautionary means.
The Department shall, in case of the employer omitting to take the precautionary measures referred to or in case of imminent dangers threatening the health or safety of the workers, report the matter to the Minister for issuing a decision for the partial or total closure of the workplace, or stoppage of one or more machines from work pending the elimination of the causes of the danger. In such a case, the employer shall undertake to pay the remunerations of the workers in full during the period of closure or suspension.
The worker shall not commit any action or omission with the intention of hampering the execution of the instructions of the employer concerning the conservation of the health of the workers or securing their safety or with the intention of damaging or breaking down of any appliances or equipment prepared for this purpose.
The worker shall use the protection equipment and the uniform prepared as provided to him by the employer and shall obey all instructions of the employer aiming at protecting the worker from injuries and diseases.
The employer, employing a number of workers ranging from five to twenty-five, shall prepare for them a first aid box, being furnished with the medicines tools and equipment to be specified by the competent medical authority. The box shall be kept in a visible place in the establishment, and shall be available to the workers. The use of the box shall be entrusted to a worker trained in providing first-aid medical services.
If the number of the workers exceeds twenty-five workers, a box shall be specified for every group of workers ranging from five to twenty-five workers. If the number of the workers in the establishment exceeds hundred workers, the employer shall appoint a full-time medical nurse in the establishment in addition to availing the first-aid box.
If the number of the workers exceeds five-hundred workers, the employer shall designate to them a clinic employing at least a physician and a nurse.
The periodical medical check-ups shall be carried out on the workers exposed to the dangers of infliction with the Occupational diseases in all activities of the work at intervals appropriate to the hazards, being involved in the work in accordance with the measures to be specified by the competent authorities which shall specify the types of such check-ups and the intervals in which they shall be carried out.
The employer shall keep the results of these check-ups in the files concerning the workers. If the result of the check-up shows the infliction of the worker with one of the occupational diseases, the employer shall notify the Department thereof within three days as from the date of knowing the result of the check-up.
The employers, employing workers in locations distant from the cities and to which the usual means of transportation are not available, shall provide them with the following services:
1. Suitable means of transportation and/or suitable accommodation;
2. Potable water;
3. Suitable foodstuff or the means of obtaining thereof.
The said locations shall be specified by a Decision of the Minister.
If the worker dies while on duty or because of the work or sustains a work injury, the employer or his representative shall immediately notify the police and the Department of the incident.
The notification shall include the name, age, profession, address and nationality of the worker, a brief description of the incident, the circumstance where it took place and the actions taken for aiding or curing the worker.
The police shall, upon receipt of the information, undertake the necessary investigations. The police record shall contain the statements of the witnesses and the employer or his representative, and the statements of the injured if his condition so permits. The record shall explain the relationship of the incident to the work.
The police shall, upon completion of the investigation, send a copy of the record to the Department and a copy to the employer. The Department may require completion of the investigation, if it deems necessary.
The worker, who sustains a work injury, shall be entitled to receive medical treatment appropriate to his condition at the cost of the employer in accordance with the decision of the competent medical authority.
The worker shall receive his full remuneration during the treatment period or the period of six months whichever is sooner. If the treatment continues for a period exceeding six months, the worker shall be paid half of his remuneration until his recovery or proof of his permanent disability or death whichever is sooner.
The heirs of the worker who dies because of the work and the worker who sustains a work injury resulting in a partial or total permanent disability shall be entitled to receive compensation. The amount of compensation in case of death of the worker because of the work shall be calculated in accordance with the provisions of Islamic Sharia. The work injury resulting in a total permanent disability shall be considered as a death of the worker.
The proportion of the partial permanent disability to the permanent total disability shall be fixed in accordance with Schedule (2) of this Law, and the amount of compensation in this case shall be calculated on the basis of this proportion from the amount of compensation provided for in the preceding paragraph.
The provisions of the preceding two Articles shall not apply if any of the following has been proved:
1. The worker has intentionally injured himself.
2. The worker was at the time of occurrence of the injury or death under the influence of a drug or liquor, and that the said influence was the cause of the injury or death;
3. The worker has intentionally violated the instructions of the employer concerning the preservation of Occupational health or safety or committed a gross negligence in the carrying out of these instructions;
4. If the worker, without a genuine cause, refuses to subject himself to the check-up or adopt the treatment prescribed to him by the competent authority.
The employer shall pay the compensation for the disability within a period not exceeding fifteen days as from the date of proof of the worker’s disability or as from the date of announcement of the result of the investigations, supporting the occurrence of the disability because of the work.
The employer shall deposit the compensation for the death in the court, within a period not exceeding fifteen days as from the date of death or as from the date of announcement of the result of the investigations, supporting the occurrence of the death because of the work. The court shall distribute the compensation for death amongst the heirs of the deceased in accordance with the provisions of the Islamic Sharia or the personal law applied in the country of the deceased. The compensation shall be revolved to the public treasury of the State if three years lapse without specifying persons entitled thereto.
The workers, working in an establishment where the number of Qatari workers is not less than hundred workers, may form a committee from amongst themselves to be named “the Workers’ Committee” and no more than one committee in the establishment may be formed.
The workers’ committees in the establishments engaged in one trade or industry or similar or interrelated trades or industries are entitled to form a “general committee” from amongst themselves to be named the “Workers’ General Committee the of relevant Trade or Industry.
The workers’ general committees of the various trades and industries may form amongst themselves a general union to be named the “General Union of the Workers of Qatar”.
The membership in the two referred-to committees and in the General Union of the Workers of Qatar shall be confined to the Qatari workers. The Minister shall specify the conditions and procedures for the formation of the labour and trade unions referred to and the membership therein and the way of carrying out their business and the interrelated and similar trades and industries.
The Labour and Trade Unions shall assume the taking care of the interests of their members and protection of their rights and their representation in all matters related to the affairs of the work.
The Labour and Trade Unions are prohibited from the following:
1. The exercise of any political or religious activities;
2. Preparation, printing or distributing any materials insulting the State or the government or the status quo thereof;
3. Entering into any financial speculations of whatsoever nature;
4. Accepting gifts or endowments except with the approval of the Ministry.
The Minister may dissolve any labour or trade union if it commits any of the foregoing prohibited matters or works beyond their object.
The workers may go on strike if amicable settlement of the dispute between them and the employer becomes impossible in accordance with the following measures:
1. Approval of three fourths of the workers’ General Committee of the relevant trade or industry;
2. Giving to the employer a period of not less than two weeks before commencing the strike and securing approval of the Ministry after coordination with the Minister of Interior Affairs in respect of the time and place of the strike;
3. Provided that there is no detriment to the property of the State and of the individual and their security and safety;
4. Prohibition of the strike in vital public utilities such as petroleum- and gas-related industries, electricity, water, seaports, airports, hospitals and transportations.
5. Non-resort to strike before the amicable settlement between the workers and employer by conciliation or arbitration in accordance with the provisions of this law becomes impossible.
The Labour and Trade Unions shall lay down their statutes in accordance with the forms to be determined by a Decision of the Minister shall contain in particular the following:
1. The conditions of the membership and the instances of its termination;
2. The rules and procedures of nomination and election;
3. The labour and trade unions’ sources of financing and the amount of subscriptions by the members.
4. The expenditure aspects of the funds of the organizations, the control over their financial transactions and the registers that shall be kept for this purpose.
5. The rules and procedures for dissolving the organization and disposal of their properties.
The employer shall not compel the worker to join, or not to join any of the Labour and Trade Unions or to refrain from implementing their decisions.
In any establishment where thirty or more workers are working, there may be formed a joint committee embodying representatives of the employer and workers.
The number of joint committee’s members shall be four if the number of the workers of the establishment is two hundred or less, shall be six if the number of the workers of the establishment is more than two hundred and less than five hundred, and shall be eight if the number of the workers is more five hundred or more.
Half of the members shall represent the employer and the other half shall represent the workers.
The employer shall nominate his representatives in the committee from amongst the employees who shall legally represent him or those to whom he delegates some of his management powers.
The nomination of the representatives of the workers in the committee shall be as follows:
1. If there is a “Workers’ Committee” in the establishment, it shall assume the nomination of the workers’ representatives in the joint committee from amongst its members.
2. If there is no “Workers’ Committee” in the establishment the workers therein shall nominate their representatives in the joint committee through direct election.
The Minister shall issue a decision regulating the conditions and procedures of election.
The joint committee shall deal with the study and discussion of all matters related to the work in the establishment and in particular:
1. Regulation of work.
2. The means of increasing and developing the production and enhancing the productivity.
3. The training programmes of the workers.
4. The means of protection from dangers and the improvement of the standards of compliance with the rules of safety and occupational health.
5. The development of the general culture of the workers.
6. The development of the social services in the establishment.
7. Hearing of the individual and collective disputes and attempting the amicable settlement thereof.
The committee shall submit its recommendations on these matters to the employer in order to consider whether they can be implemented.
The employers and workers have the right to conduct collective negotiation and conclude collective agreements on all matters related to the work.
The Minister shall issue a Decision on the regulation of the rules and procedures of collective negotiation and the method of representation of the parties therein and the rules regulating the collective agreements as to conclude, contents, scope, the means of acceding them, the duration and interpretation thereof and the disputes which may arise from its implementation.
If any dispute arises between the employer and some or all of his workers, the two parties to the dispute shall try to settle it between themselves and if there is a joint committee in the establishment the dispute shall be referred to it for settlement.
If the two parties fail to settle the dispute, the following steps shall be taken:
1. The workers shall lodge their complaint or claim in writing to the employer, and shall simultaneously send a copy thereof to the Department.
2. The Employer shall reply, in writing, to the complaint or claim of the Workers within a week as from the date of receiving the same, and shall simultaneously send a copy of the reply to the Department.
3. If the reply of the employer does not lead to the settlement of the dispute, the Department shall try to settle the dispute through its mediation.
If the mediation of the Department does not lead to the settlement of the dispute within fifteen days as from the date of the employer’s reply, the Department shall submit the dispute to a conciliation committee for its decision thereon.
The conciliation committee shall be formed of:
1. A chairman to be appointed by a decision of the Minister.
2. A member to be nominated by the employer.
3. A member representing the Workers, to be chosen in accordance with the provision of the second paragraph of Article 125 of this Law.
The conciliation committee may seek the opinion of any of the experts prior to deciding on the dispute. It shall issue its decision in respect of the dispute within a week from the date of referral thereto.
The decision of the committee shall be binding on the two parties to the dispute if the parties had agreed in writing to referring the dispute to the committee before its meeting to decide on the dispute. If there is no such a written agreement in this respect, the dispute shall be referred to an arbitration committee within fifteen days and the arbitration shall be mandatory for the two parties.
The arbitration committee shall be formed under the presidency of a Judge and the membership of:
1. A representative of the Ministry to be nominated by the Minister;
2. A representative of Qatar Chamber of Commerce and Industry to be nominated by the chairman of the chamber;
3. A representative of the workers to be nominated by the “General Union of the Workers of Qatar”.
The arbitration committee shall adjudicate upon the collective labour disputes and render final awards on a majority basis. In case of a tie, the chairman of the committee shall have a casting vote.
The committee in carrying out its duties may peruse all papers, documents and all evidence, and may compel any person possessing these papers, documents and evidence are to produce the same and may enter the establishment for conducting necessary inquiry and take all necessary procedures for settling the disputes.
There shall be established in the Department an organ to be named as the “Work Inspection Organ,” aiming at the supervision of the application of the legislations concerning the protection of workers and shall have sub-organs in the various parts of the State.
The inspection organ shall be formed of a sufficient number of administrative officials specified by a decision of the minister. These officials shall be named “Work Inspectors” and the assistance of specialists in the various specializations may be called whenever necessary.
The Work Inspectors shall have the following authorities:
1. To enter the workplaces during the working hours during the day or at night without prior notification for inspecting the registers, books, files or any other documents related to the workers, for ensuring their compliance with the applicable legislations and detecting proofing actions in violation of such legislations;
2. To obtain samples of the materials used and dealt with in the establishment and to inspect the machinery and various fittings for assuring the availability of sufficient and effective means for protecting the workers from health hazards and work dangers, and notify the employer or his representative of any samples or materials taken or used for this purpose.
3. To inspect the residence of the workers for assuring their compliance with the required health conditions.
4. To inquire from the employer or his representative or any of the workers individually or in the presence of witnesses on any of the matters related to the implementation of this law.
The Work Inspectors may take the following actions:
1. Providing consultation and guidance to the employer or his representative as to the manner of alleviation of the violation;
2. To give a warning to the employer in order to alleviate the violation, wherein the type of violation and the period needed for its alleviation shall be specified;
3. To prepare a record of the violation and submit the same to the Department for taking the appropriate action in respect thereof.
The Ministry shall prepare an annual report on the work inspection in the State including all matters related to the supervision by the Ministry over the implementation of this law and in particular the following matters:
1. Statement on the provisions regulating the inspection;
2. Statement of the number of Work Inspectors;
3. Statistics of the establishments, which are subject to inspection, the number of workers therein and the number of inspection visits carried out by the inspectors thereto and the number of violations detected, the penalties imposed in respect of such violations and the work injuries.
The Ministry shall publish the report in the manner it deems appropriate.
Whoever violates the provisions of Articles 29, 33, 86, 87, 88, 89, 90, 93, 94, 103, 104, 105, 108, 122 and 133 of this law shall be penalised with imprisonment for a period not exceeding one month and with a fine of not less than two thousand Riyals and not exceed six thousand Riyals or with any of these two penalties.
In respect of the violations relating to the recruitment of workers from abroad for others, the court may, in addition to the penalties provided for in the preceding paragraph, hold the closure of the office and the cancellation of the license.