|
Article (2) |
|
This Law shall apply to the employers and
workers, and prescribe their
rights and obligations and regulates the
relationship between them. |
|
Article (3) |
|
Except as otherwise provided for in any other
law the provisions of this
law shall not apply to the following
categories:
-
The
employees
and
workers
of the
Ministries
and
other
governmental
organs,
public
institutions,
corporations and companies which are established
by Qatar Petroleum by itself or
with others,
and the workers whose employment affairs
are
regulated by special laws.
-
The Officers and members of the armed
forces and police and the
workers employed at sea.
-
The workers employed in casual works.
-
The persons employed in domestic
employment such as drivers, nurses, cooks,
gardeners and similar workers.
-
Working members of employer's
family. These are the wife, ascendants and
descendants who are residing with
and wholly
dependent on him.
-
The workers employed in agriculture and
grazing other than the
persons employed in the agricultural
establishments processing and
marketing their own products or those who are
permanently
employed in the operation or repair of the
necessary agricultural mechanical appliances.
The provisions of this law or any part thereof
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. |
|
Article
(4) |
|
The
entitlements prescribed
by
this law
represent the
minimum entitlements of the
workers and any stipulation contradicting the
provisions of
this law
shall be void even if it was made prior to the
date of application of this
law unless
the said stipulation is more advantageous to the
workers and any release, compromise or waiver of
the entitlements prescribed for the worker
by
this law shall be deemed void. |
|
Article (5) |
|
The sums due to the worker or his heirs under
this law shall have
priority over all movables and immovable
properties of the employer and shall
have a privilege over all other debts including
the debts due to the State. |
|
Article (6) |
|
If the employer entrusts any natural or juristic
person with the carrying
out of the employer's original work or any part
thereof such any natural
or juristic person shall equally treat his
workers and the workers of the original
employer whom he employs for the carrying out of
that work in regard
to
entitlements and privileges. The employer and
any such natural
or juristic
person shall be jointly liable for the payment
of these
entitlements and
privileges to the extent of the sums for which
the employer is liable to the
person entrusted with the work. |
|
Article
(7) |
The employer shall before the commencement of
the work
in his
establishment notify the Department of the
following particulars:
-
The name of the establishment, its
location, its type of activities,
its
correspondence address and its telephone number.
-
The nature of the work which the establishment
carries on.
-
The number of workers
employed by the establishment,
their
professions and nationalities.
-
The name of the authorized manager of the
establishment.
|
|
Article (8) |
|
The periods and dates indicated
in this law shall be calculated
according to the Gregorian Calendar. A calendar
year means 365 days and a
calendar month means 30 days. |
|
Article (9) |
|
All contracts and other documents and written
instruments provided for
in this law
shall be made in Arabic.
The employer may accompany such contracts,
documents or written
instruments with translations into other
languages and
in case of any
difference the Arabic text shall prevail. |
|
Article (10) |
|
All lawsuits filed by the workers or their heirs
claiming the entitlements accruing under the
provisions of this law or the service 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 service contract shall lapse by the
expiry of one year from the date of
expiry of the contract. |
|
PART TWO
VOCATIONAL TRAINING |
|
Article (11) |
|
The vocational training shall be carried out
inside the establishments or
in the
institutes and centers which are to be
designated for this purpose.
The Minister shall by a decision, 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. |
|
Article (12) |
|
Any employer employing fifty employees or more
shall provide
training
on the
technical works to 5% of his Qatari
workers to
be nominated by the
Department
in accordance with the training
program
approved by the
Ministry. |
|
Article (13) |
|
The Apprentice shall contract by himself with
the employer unless the age of the Apprentice is
below eighteen years in which case the
Apprentice
shall contract through his guardian or trustee
as the case may be. |
|
Article (14) |
|
The vocational training contract shall be in
writing and therein shall specify the type of
the trade or craft on which the Apprenticee is
to be trained, the period of the training, its
consecutive. stages and the wage to be paid to
the apprentice provided that the wage to be paid
to the apprentice in the last
stage of the training shall not be less than the
minimum wage prescribed for
similar work.
The wage of the apprentice shall not be fixed on
the basis of the piece
or production. |
|
Article (15) |
|
The vocational training contract shall be made
out in three copies, each party shall retain one
copy and the third copy shall be filed with the
Department for its registration and attestation
within one week from the date
of conclusion of the contract. If the Department
does not object to the contract
within ten days from the date of its being filed
the contract shall be deemed to
be approved from the date of its being so filed. |
|
Article (16) |
The employer may terminate the vocational
traiing contract before its expiry date in the
following instances:
-
If it has been proved that the apprentice
is not capable of learning the craft or
trade.
-
If the apprentice commits a breach of any
of his essential obligations under the
contract.
The apprentice, his guardian or trustee may
terminate the vocational training contract at
any time provided that the termination is based
on legitimate 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. |
|
Article (17) |
|
The
parties
to the
vocational
training contract
may
agree
that the
apprentice shall work with the employer after
the expiry of the apprenticeship period. |
|
PART THREE
REGULATION OF THE EMPLOYMENT OF WORKERS |
|
Article (18) |
|
Priority in the employment shall be given to the
Qatari workers. NonQatari workers may be
employed in case of need. |
|
Article (19) |
|
The employer shall provide the Department every
six months with a report containing particulars
of the names of the workers working with him,
their sex, nationalities, the works they are
carrying out, their wages and ages and the
particulars of their work permits. |
|
Article (20) |
The Department shall, in respect of regulating
the employment of the Qatari Nationals, perform
the following:
-
Collection of the information concerning
the supply and demand for
manpower and preparation of studies on the
status of employment.
-
Registration of the Qatari Nationals who
are unemployed and those
who are looking for better employment in a
register to be prepared
for this purpose. The registration shall be made
at the instance of
the Qatari Nationals. The employment applicant
shall be given a
registration certificate,
free of charge, his age,
his trade, his
qualifications and his previous employment shall
be specified.
-
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.
|
|
Article (21) |
|
No Qatari National may be employed unless he is
in possession of the
registration certificate referred to in the
preceding Article.
The persons occupying positions the occupiers of
which are deemed to be empowered to
exercise the powers of the employer and those
who carry out casual work are
exempt from
the application of this Article.
|
|
Article (22) |
| The employer shall notify the Department of the
vacant posts and work
available
with him, the conditions which the persons who
may occupy or carry out these
posts and works must satisfy, the wages fixed
for any of these posts or
works and the dates fixed for the occupancy or
carrying out thereof within a
period which shall not exceed a month from the
date of the creation or availability of a
vacancy or the provisioning of the work.
The
employer shall return to the Department within
seven days
of
contracting the registration certificate
of
the worker with whom he has"
contracted accompanied
by
a statement including the type
of
work and
amount
of
wage and the date fixed for the commencement
of
the
employment. |
|
Article (23) |
|
Non-Qatari workers
may
not
be
employed
otherwise
than
after
approval
of
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:
-
The non-availability of a qualified Qatari
worker registered in the
registers of the Department and to carry out the
work in respect of
which the work permit is applied for.
-
The non-Qatari applying for the work
permit shall be in possession
of a residence permit.
-
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. |
|
Article (24) |
|
The form of the work permit and the necessary
particulars therein shall
be issued by a decision of the Minister. |
|
Article (25) |
|
The
Minister may
cancel
the work
permit
granted
to
a
non-Qatari
worker in the following instances:
1. If the worker fails to satisfy either of
condition (2) or (3) provided for
in Article (23) of this law.
2. If the worker discontinues the employment for
a cause related to
him without acceptable excuse for more than
three months.
3. If the worker works for an employer other
than the employer the
worker has been granted the work permit to work
with.
4. Dismissal of the worker on disciplinary
grounds. |
|
Article (26) |
|
The proportion of the non-Qatari workers to the
Qatari workers shall be
determined by a decision of the Minister in each
of the work. The Minister
may prohibit the employment of non-Qatari
workers in any of these sectors as
the public interest may necessitate. |
|
Article (27) |
|
The employer who employs foreign experts or
technicians shall train an
appropriate number of Qatari workers to be
nominated by the Department on
the work carried out by the experts and
technicians or employ assistant Qatari
workers for them for the purpose of training and
gaining expertise. |
|
Article (28) |
|
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.
|
|
Article (29) |
|
A natural or juristic person may not recruit
workers from abroad
for.
others unless he has obtained a licence to do
so.
The license shall be valid for two years
renewable for a similar period or periods. The
conditions of obtaining the licence shall be
determined by a
decision of the Minister. |
|
Article (30) |
|
The application for the license to recruit
workers from abroad for others
shall be submitted to the Department on a form
to be determined
by a
Decision of the Minister accompanied by the
documents supporting the same
in accordance with the provisions of this law
and its implementing Decisions.
The Department shall examine the application and
its attachments and submit
it to the Minister for his decision thereon
within a period of 30 days from the
date of its submission. The expiry of the said
period without a decision on the
application shall be deemed to be a refusal
thereof. |
|
Article (31) |
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
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 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. |
|
Article (32) |
| The person who is licensed to recruit
workers from abroad for others shall obtain
the necessary commercial license for this
purpose. |
|
Article (33) |
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. |
|
Article (34) |
|
The recruitment of workers from abroad for
others shall be made in accordance with a
written contract between the licensed person and
the
employer in accordance with a model 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.
|
|
Article (35) |
|
The person licensed to recruit workers from
abroad shall be subject to
the supervision of the Ministry and shall keep
in the office the particulars,
registers and other documents which shall be
specified by a Decision of the
Minister. |
|
Article (36) |
|
The procedures of licensing the recruitment and
the rules and conditions of the works of the
offices of recruitment of workers from abroad
for
other shall be determined by a decision of the
Minister. |
|
Article (37) |
Fees shall be imposed on the following:
-
The granting of the work permit and the
renewal and replacement
thereof.
-
The granting
of the
license to recruit workers from abroad and
renewal and replacement thereof.
-
The attestation of the seals of companies and
establishments, the
service 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. |
|
PART FOUR
THE INDIVIDUAL LABOR RELATIONSHIPS |
|
Article (38) |
|
The Service 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 Service Contract shall specify the terms
concerning the labour
relationship between its two parties and in
particular shall contain the
following:
-
The name of the employer and place of his
work.
-
The name, qualifications, nationality,
profession and residence of
the worker and the proof necessary for his
identification.
-
The date of conclusion of the contract.
-
The nature and type of the work and place
of contracting.
-
The date of commencement of the work.
-
The period of the contract if the contract
is of a definite duration.
-
The agreed wage and the method and date of the
payment thereof.
If the service contract is not made in writing
the worker may prove the
labor relationship and the rights which have
arisen therefrom by all means of
proof.
|
|
Article (39) |
|
The service 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.
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
from the date of termination.
|
|
Article (40) |
|
If the service contract is of a limited
duration, 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 unlimited duration on
the same conditions provided for therein.
The
renewed duration shall be considered to be an extention 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. |
|
Article (41) |
|
If the subject-matter of the contract is the
performance of a specific work, the contract
shall expire on the performance of that work.
If the work is by its nature susceptible of
being renewed and the
performance of the contract continues after
performance of the agreed work,
the contract shall be considered to have been
renewed for similar periods by
agreement of the two parties.
|
|
Article (42) |
The worker shall undertake the following:
-
To perform the work by himself and exercise
the care of the ordinary man in its
performance.
-
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 subject the worker to
danger.
-
Not to work for third parties for or without
a wage.
-
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.
-
To carry out the
safety and professional
health instructions
prescribed in the establishment.
-
To cooperate in the prevention of the occurance of accidents in the
place of work or in the
alleviation of the
results thereof.
-
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 concerned authority within the limits
of available facilities.
-
Not to disclose the secrets of the employer even
after expiry of the
contract.
-
Not to use the work tools outside the
place of work without permission of the employer
and to keep such tools in the places
designated therefore.
-
Not to accept gifts, remuneration,
commission or sums in respect of performance
of his duties otherwise than from the
employer.
-
To return on the expiry of the contract the
non-consumed tools or materials at his
disposal.
|
|
Article (43) |
|
Any condition in a service 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 nature of the work allows the worker to
know the clients of the employer or the secrets
of the business of the establishment, the
employer
may stipulate that the worker shall not compete
with him or participate in any
undertaking 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.
|
|
Article (44) |
|
The employer shall undertake to enable the
worker to perform the work
and to provide him with all things necessary
therefore, and if the worker attends
the place of work and is willing to perform the
work but could not do so for
reasons beyond his control, he shall be
considered to
have actually done the
work and be
entitled to the advnatages accuring therefrom. |
|
Article (45) |
|
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 basically differ from the original
work and if the request
to
perform that work does not entail an insult on
the worker provided that the wage of the worker
shall not be reduced. |
|
Article (46) |
|
The employer who employs ten or more workers
shall make regulations
for the organization of the work in his
establishment. The coming in to force of
these regulations 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 regulations shall be
posted at a conspicous 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 determine the
form of the regulations
regulating the work for the guidance of the
employers. |
|
Article (47) |
|
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.
|
|
Article (48) |
|
The employer shall maintain the following
registers:
1. The workers' register which shall in
particular contain the names,
nationalities, jobs, amounts of wage, date of
commencement
of
work, marital status,
academic and professional qualifications, leaves
of the workers and the penalties inflicted upon
him.
2. The wages' register, where the names of the
workers in the order of
their engagement in the work, the amounts of
daily,
weekly or
monthly wages, or piece or production wages and
their additions
in
respect of every worker, the additional wages
paid to them,
the
amounts of deductions and the net wages 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. |
|
Article (49) |
|
If the service 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
wages annually
or
monthly, the notification shall be given not
less than one month prior
to the date of the termination. If the period of
service is five years or
less. If the period of service is more than five
years, the notification
period shall be at least two months prior to the
date of termination.
2.
In all other cases the notification shall be
given in accordance with
the following periods
:
A) If the period of service is less than one
year the notification period
shall be at least one week.
B) If the period of service is more than one
year and less than five years
the notification period shall be at least two
weeks.
C) 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 wage
for the notice period or the remaining part
thereof.
|
|
Article (50) |
|
The employer shall pay the worker his wage in
full for the notice 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 employment.
The worker shall
notify the
employer
of the new
employment immediately on obtaining therof and
shall continue with the work
thereafter
till the expiry of the notification period. |
|
Article (51) |
The worker may terminate the service
contract before its expiry. date if the
contract is of a definite duration 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 cases:
1. If the employer commits a breach of his
obligations under the service contract or
the provisions of this law.
2. If the employer or his responsible
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 service contract as to the terms
and conditions of the work.
4. If continuance with the work endangers
the safety and health of the worker provided
that the employer is aware of the danger and
does not take the necessary steps to remove
it. |
|
Article (52) |
The service contract shall not terminate
in any of the following two cases:
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 enterprise 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. |
|
Article (53) |
|
The employer shall upon expiry of the service
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 wage he was receiving.
2. Return to the worker the certificates,
documents etc. which the worker deposited with
the employer.
|
|
Article (54) |
|
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 of one year
or more. This gratuity shall be agreed upon by
the two parties, provided that it is not less
than a
three-week wage for every year of employment.
The worker shall be entitled
to gratuity for the fractions of the year in
proportion to the duration of
employment.
The worker's service shall be considered
continous 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 wage 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.
|
|
Article (55) |
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 wages
or entitlements due to the worker in
addition to the 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 and 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.
|
|
Article (56) |
|
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 entited 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 end of service
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. |
|
Article (57) |
Upon termination of the service of the worker
the employer shall at his
cost 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
nonQatari
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.
|
|
PART FIVE
THE DISCIPLINARY POWER OF THE EMPLOYER |
|
Article (58) |
An employer employing ten workers or more
shall make penalties regulations specifying
the violations and the penalties to be
inflicted on the workers who commit these
violations and the conditions and procedures
for the infliction thereof.
The Minister may, by a Decision, issue
models 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
the regulations shall be deemed to have been
approved.
The employer shall post these regulations at
the place of work 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. |
|
Article (59) |
The disciplinary penalties which may be
inflicted on the workers are:
1. Notification, which shall be deemed to
have been achieved by a written letter to
the worker containing a notification of the
violation he has committed and requesting
him not to repeat the commission thereof and
warning him of the infliction of a severer
penalty in case of repetition.
2. Deduction from the wage 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 wage 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
attributed to the worker and 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
increment for a period not exceeding six
months or the non-payment therefrom in the
establishments which maintain increments
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. |
|
Article (60) |
The sums which may be deducted from the
wage of the worker in execution of penalties
inflicted on him and the other deductions
therefrom shall not exceed his wage for five
days per month.
The employer shall record the total
penalties inflicted 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 infliction 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
inflicted on the workers shall vest in the
body which shall be specified by a Decision
of the Minister. The Decision shall specify
the manner of disposal of the deductions. |
|
Article (61) |
The employer may dismiss the worker
without notice and without payment of the
end of service gratuity in the following
instances
1 . If the worker assumes a false identity
or nationality o r submits false
certificates or documents.
2. If the worker commits an act 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 conspicious place.
4. If the worker fails more than once to
carry out his essential duties under the
service contract or this law despite his
having been notified 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 drunkeness or under the
influence of a drug.
7. If the worker commits an assault on the
person of the employer, the manager or one
of his supervisors in the work during the
work or by reason thereof.
8. If the worker repeats his assault on his
colleagues in work despite his 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. |
|
Article (62) |
In inflicting 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 inquired into
in writing. The inquiry may
be oral in the case of minor violations provided
that the report of inquiry
shall be filed in the record of the particular
register of the worker.
The minor violations referred to in this
paragraph are violations the penalties whereof
prescribed in the penalties regulations do not
exceed the notice or deduction not exceeding the
wage for one day.
4.
There shall not be inflicted on the worker for
the single violation
not
more than one penalty.
5. The
disciplinary penalties that the employer may
inflict on the workers shall not be
inflicted 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 penalties regulations.
|
|
Article (63) |
|
The worker shall be notified of the penalty
inflicted on him and if he
declines to receive the notification, such
notification shall be published
in a
conspicuous place in the place of work.
If the worker is absent from work he shall be
notified of the penalty by a
registered letter to his permanent address in
the special file. |
|
Article (64) |
A worker shall, before
his recourse to the competent tribunal, appeal
to his employer against the penalty
inflicted on 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 inflicted on him with seven days of the
date of rejection.
The Department shall decide on the worker's
appeal within seven days
of the date
of the registration of the appeal. The
Department's decision shall
be final.
As an exception the worker may appeal
against the penalty of
dismissal from work to the competent court.
If the court decides that the dismissal is
arbitrary or in violation of the'
provisions of this law, it shall either annual
the dismissal, orders the return the
worker to his work and payment of his wages 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 wages and other benefits
denied to him
as a result of such dismissal.
|
|
PART SIX
Wages |
|
Article (65) |
|
The Worker shall be entitled to the wages
specified in the service contract and if the
contract does not specify the wage the worker
shall be entitled to the wage specified in the
work regulations.
If the wage is not specified in accordance with
the preceding paragraph
the worker shall be entitled to a wage
equivalent to the wage specified for work of a
similar type in the establishment and otherwise
in accordance with the custom applicable to the
profession in the place of performance of the
work and if there is no such custom the judge
shall specify the wage in
accordance with the requirements of justice. |
|
Article (66) |
The wages and other sums to which the worker is
entitled shall be paid
in the Qatari currency.
The wages of the workers employed on an annual
or monthly wages
shall be paid at least once in every month.
The wages of all other workers shall be paid
once at least every two
weeks.
The wages 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 and may be
transferred to the account of the worker with
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 releaved from his
obligation to pay the wage
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 wage.
|
|
Article (67) |
|
If the service contract is terminated for any
reason the employer shall pay the wages and
other sums to which the worker is entitled
before the end of the day following the day on
which the contract terminates
unless the
worker has abandoned the work without giving the
notification provided for in
Article (49) of this law. In this case the
employer shall pay the wage and other
sums to which the worker is entitled within a
period which shall not exceed seven days from
the date of the worker abandoning the work. |
|
Article (68) |
|
The employer shall pay to the worker before the
worker takes
his
annual leave the wages to which the worker is
entitled for the work he has
performed up to the date of taking the leave in
addition to the leave wages to
which the worker is entitled. |
|
Article (69) |
| The worker shall not be obligated to
purchase foodstuff or other commodities from
certain places or from the products of the
employer. |
|
Article (70) |
Any part of the wage 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 wage of the indebted worker.
The employer may not charge any interest on
the loan he may grant to the worker and
shall not deduct more than 10% from the wage
of the worker in settlement of the loan.
The total of the sums to be deducted from
the wage of the worker in settlement of the
deductibles and debts due from him shall not
exceed 50% of his aggregate wage. If the
percentage which shall be deducted from the
wage of the worker within one month exceeds
this percentage the deduction of the excess
percentage shall be deferred to the
following month or months. |
|
Article (71) |
If the worker causes the loss of, damage
or destruction to machinery, products or
equipment of the establishment as a result
of his fault he 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
enquiry.
The employer may deduct the value of the
compensation from the wage due to the worker
provided that the value of the compensation
does not exceed the wage 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. |
|
Article (72) |
| The wage of the worker during the annual
or sick leave and his end of service
gratuity shall be calculated on the basis of
his basic wage on the date of entitlement
and if the worker is employed on a
piece-by-piece work basis the entitlement
shall be calculated on the basis of his
average wages for the three months preceding
the date of entitlement. |
|
PART SEVEN
REGULATION OF THE WORKING HOURS AND LEAVE |
|
Article (73) |
The maximum ordinary working hours shall
b e e ighty f our h ours 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 place of work
and residence of the worker 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 in
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 specify the
types of work in respect of which the work
may continue without stoppage for the
purpose of rest. |
|
Article (74) |
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 wage plus not less than
25% thereof.
The workers who work between 9pm and 6am
shall be paid the basic wage plus not less
than 50% thereof with the exception of the
shift workers. |
|
Article (75) |
|
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 wage
payable to him for the
ordinary weekly rest day or his basic wage 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.
|
|
Article (76) |
The provisions of Articles
73,
74 & 75 of
this law shall not apply to the
persons occupying responsible positions if these
positions confer upon the
occupiers thereof powers exercisable by the
employer over the workers.
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.
|
|
Article (77) |
|
The employer shall post up on the main gates
used by the workers in entering and in a
conspicuous position of the working place a
table of the closing or weekly rest day, the
working hours and
rest intervals for all
categories of workers and shall notify the
Department with a copy of such table. |
|
Article (78) |
|
The worker shall be entitled to annually,
leave with full wage 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.
|
|
Article (79) |
|
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 sevice. |
|
Article (80) |
|
The employer shall fix the date- of
the annual leave for the worker 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.
|
|
Article (81) |
|
The worker may not waive his entitlement to the
annual leave and any
agreement to the contrary shall be void.
The worker shall be entitled to payment in lieu
of his annual
leave
equivalent to his wage for the leave days to
which he is entitled if the contract
is terminated
for any reason before the worker takes his
leave.
|
|
Article (82) |
|
The worker shall be entitled to a sick leave
with pay for every year of
the years of his service. This sick leave shall
not be granted unless after three
months 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 wage if the
sick leave does not exceed
two weeks. If the sick leave extends thereafter
the worker shall be paid half of his wage 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 twelveth 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 to 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
right of the worker to
the remuneration to which he may be entitled for
the period of his service and
taking by the
worker of the sick leave for the period of
twelve weeks shall not
be deemed to
constitute an interruption of his continuous
service.
|
|
Article (83) |
|
The Muslim worker shall be entitled to leave
without pay, not exceeding
two weeks to fulfil his obligation to go to
pilgrimage once during the period of
his service.
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.
|
|
Article (84) |
|
The worker shall not, during any of his leaves,
work for another
employer and if it has been proved to the
employer that the worker
has
contravened this provision he may deprive him
from his wage for the period of the leave and
recover what he has already paid of that wage. |
|
Article (85) |
|
The
employer
may
not terminate the service contract or notify the
worker of the termination thereof during any of
his periods of leave provided for in this law.
The employer may not notify the worker of the
termination of the
contract if the notice period expires during any
of such periods of leave.
|
|
PART EIGHT
EMPLOYMENT OF JUVENILES
|
|
Article (86) |
|
A child who has not attained the age of sixteen
may not be employed in a work of whatsoever
nature and shall not be permitted to enter into
any of the
place of work.
|
|
Article (87) |
|
A juvenile may not 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. The Juveniles shall
not be employed in the works, where its 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. |
|
Article (88) |
|
A
Juvenile
may
not
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.
|
| |
|
Article (89)
A Juvenile may not be employed between sunset
and sunrise or on the
days of rest or during the official holidays or
for more than the normal working
hours and may
not be
retained in
the place of work for more than seven
continuous
hours.
|
| |
|
Article (90)
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 which the Juvenile spends in
transporting
between his
residence and place of work shall not be
calculated in 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. |
| |
|
Article (91)
The employer shall keep in the file concerning
the Juveline his birth certificate, his medical
fitness certificate and the certificate of the
periodical medical examination conducted on him.
|
| |
|
Article (92)
Every employer employing a Juvenile
or more shall perform the
following:
1. Submit to the Department a statement showing
the name and work
of the Juvenile and date of his engagement.
2. Post up in a conspicuous place a clear
statement of the working hours, the Juveniles
employed by him and their intervals of rest.
|
|
PART NINE
EMPLOYMENT OF WOMEN |
|
Article (93) |
|
A working woman shall be paid a wage equivalent
to the wage
payable
to a man if she performs the same work and shall
be availed of the same opportunities of training
and promotion. |
| |
|
Article (94)
Women shall
not be employed in dangerous
arduous
works, works detrimental to their health, morals
or other works to
be specified
by a
Decision of the Minister.
|
| |
|
Article (95)
Women shall not be employed otherwise than in
the times to be
specified by a Decision of the Minister.
|
| |
|
Article (96)
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 probable 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 medical condition of the female worker
prevents her from
resuming her work after expiry of her leave
referred to
in the preceding
paragraphs the 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 obtaining by the female worker of the
delivery leave shall
not
prejudice her entitlement to her other leave. |
| |
|
Article (97)
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 interval shall be calculated as part
of the working hours
and shall not result in a deduction of wage.
|
| |
|
Article (98)
The employer may not terminate the service
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 service contract
during this leave and may not send her a
notification which expires during the said
leave.
|
|
PART TEN
SAFETY, VOCATIONAL HEALTH
AND SOCIAL CARE |
|
Article (99) |
|
The employer or his representative shall on the
commencement of every worker's engagement inform
him of the hazards of the work and the
hazards which may occur thereafter and shall
inform him of the safety
measures to be taken for the protection
therefrom and shall post up in a
conspicuous place his detailed instructions
concerning the means of observing vocational
health and safety for protecting the workers
from the
hazards to which they are exposed during
performance of their work. |
|
Article (100)
|
|
The employer shall take all precautionary
measures for protecting the
workers during the 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 wage
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 place of work or stoppage of one
or more machines from work pending the
elimination of the
causes of the danger.
In such case the employer shall undertake to pay
the wages 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 devices 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.
|
|
Article (102) |
The Minister shall after coordination with the
competent authority issue
the necessary decisions for regulating the
appliances concerning
the
vocational health and safety in
the establishments and specifying
and
regulating the services and precautionary
measures that are necessary for
protecting
the workers during the work from the
dangers of
the work and
equipment
and means and levels thereof and for the
regulation of the means
of protection
from the vocational diseaes.
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|
Article (103) |
The employer shall take the measures capable of
securing the hygiene and good ventilation in the
places of work and shall provide it with the
suitable lighting and potable water, hygiene and
drainage, in accordance with the
regulations and decisions to be issued by the
competent authorities
in this
respect.
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|
Article (104)
|
The employer employing a number of workers
ranging from five to
twenty-five shall prepare for them a first aid
box furnished with the medicines
tools and equipment to be specified by the
competent medical authority. The
box shall be kept in a conspicuous 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.
It the number of the workers in the
establishment exceeds hundred workers the
employer shall
appoint a full-time medical nurse in the
established in addition to 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.
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|
Article (105) |
|
The periodical medical check-ups shall be
carried out on the workers exposed to the
dangers of inflication with the vocational
diseases in all
activities of the work at intervals appropriate
to the hazards involved
in the
work in accordance with the measures to be
specified by the competent
authorities specifying 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 results 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 from the date of his knowing
the result of the check-up. |
|
Article (106) |
|
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 or suitable
accommodation or both.
2.
Potable water
3.
Suitable foodstuff or the means of obtaining
thereof.
The said locations shall be specified by a
Decision of the Minister. |
|
Article (107) |
|
The employer employing fifty workers or more
shall provide- them with
the social services to be specified by a
Decision of the Minister_ taking
into
consideration
the
location
of
the
work,
the
circumstances
thereof
and
the
number of the workers in the establishment.
|
|
PART ELEVEN
WORK INJURIES AND COMPENSATION THEREOF |
|
Article (108) |
|
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 and
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 enquiries and the 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 and the
record shall explain the relationship
of the incident to the work.
The police shall upon completion of the inquiry
send a copy of the
record to the Department and a copy to the
employer. The Department may
require completion of the enquiry
if
it
deems necessary. |
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Article (109) |
|
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 wage during
the treatment period or
the period of six months whichever is nearer. If
the treatment continues for a period exceeding
six months the worker shall be paid half of his
wage until his
recovery or proof of his permanent disability or
death whichever is nearer.
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|
Article (110)
|
|
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 the
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.
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|
Article (111)
|
The provisions of the preceding two Articles
shall not apply if any of the
following has been proved:
1. The worker had intended to injure himself.
2. The worker was at the time of occurence 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 violated the instructions of the
employer concerning the
preservation of vocational 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.
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|
Article (112)
|
|
If a dispute arises between the worker and the
employer as to the
ability of the worker to resume his work or as
to any other medical
matter related to the injury or disease or the
treatment prescribed thereof or the
applied treatment the Department shall refer the
dispute to the competent medical authority. The
decision of the said authority on the matters
falling
within its competence shall be final.
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| |
|
Article (113)
The right of the worker to claim compensation
for the disability or death
shall extinguish by the lapse of one year from
the date of the medical report
containing the occurence of the disability
resulting from
the injury or the
confirmation of the occurence of the
disability because of any of the
occupational diseases contained in schedule No.
(1) attached
to this Law or from the date of the death of the
worker.
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|
Article (114) |
The employer shall pay the compensation for the
disability within a
period not exceeding fifteen days from the date
of proof of the disability of the
worker or
from the date of announcement of the result of
the inquiries
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 from
the date of death or from the
date of announcement of the result of the
injuries supporting the occurence 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 vested in the public
treasury of the State if three years lapse
without specifying persons entitled thereto.
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|
Article (115) |
|
The employer shall every six months provide the
Department with
a statistics of the work injuries and
occupational diseases in accordance with
the forms prepared for this purpose and the
procedures to be prescribed by a
Decision of
the Minster.
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|
PART TWELVE
WORKERS ORGANIZATIONS |
| |
Article (116)
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 more than one committee in the
establishment may not 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 General Committee for the
Workers of Trade or Industry.
The general
committees of the workers of the various trades
and industries may form amongst theirselves a general union to be named
the!
"General Union of the Workers of Qatar".
The membership in the two committees referred to
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
workers organizations referred to and the
membership therein and the way of
carrying out their business and the
interrelated and similar trades and industries.
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| |
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Article (117)
The Workers Organizations shall have juristic
personality upon their formation in accordance
with the provisions of this law. |
| |
|
Article (118)
The Workers Organizations 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. |
| |
Article (119)
The Workers Organizations are prohibited from
the following:
1.
The exercise of any political or religious
activities.
2. Preparation, printing or distributing any
materials insulting
to the
State or the government or the status quo
thereof.
3. Entering into any financial speculations of
whatsoever nature.
4. Accepting of gifts or endowments
except with the approval of the Ministry.
The Minister may dissolve any Organization if it
commits any of the
foregoing prohibited matters or works outside
the, purpose.
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| |
|
Article (120)
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 General
Committee of the workers
of the 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 deteriment 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
transportation.
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. |
| |
Article (121)
The workers organizations shall lay down their
statutes in accordance with the models 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 sources of financing the organization and
the amount of
subscriptions by the members.
4. The expenditure 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.
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| |
|
Article (122)
The employer shall not compel the worker to join
or not to join any of
the workers organizations or to refrain from
implementing their decisions. |
| |
|
Article (123)
The General Union of the workers of Qatar may,
after approval of the
Ministry, join any Arab or International
Organizations working in the field of the
Workers Organizations. |
|
PART THIRTEEN
JOINT COMMITTEES, NEGOTIATION AND COLLECTIVE
AGREEMENTS. |
| |
|
Article (124)
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 members of the joint committee
shall be four if the
number of the workers of the establishment is
two hundred or less and 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.
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| |
Article (125)
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.
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| |
|
Article (126)
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. The studying of and endeavours to settle the
individual and
collective disputes in the establishment.
The committee shall submit its recommendations
on these matters to
the employer to consider whether they can be
implemented. |
| |
|
Article (127)
The
employers
and
workers
have
the
right
to conduct
collective
negotiation
and conclude joint 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
joint 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.
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|
PART FOURTEEN
COLLECTIVE DISPUTES |
|
Article (128) |
|
A collective labour disputes is any dispute
between the employer and
the whole of his workers or some of them thereof
or between a group of
employers and their workers or a group of them
the subject matter of which is related to an
interest common to all workers or to a group of
them in a certain
establishment, professional or certain craft or
in a certain professional sector.
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|
Article (129) |
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 submit their complaint or
claim in writing to the employer with a copy
thereof to the Department.
2. The employer shall reply in writing to the
complaint or claim of the
workers within a week from his receiving the
same and shall 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.
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Article (130) |
|
If the mediation of the Department does not lead
to the settlement of
the dispute within fifteen days 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 representative member of the workers to be
nominated in accordance with the provisions of
the second paragraph of Article
The committee may be assisted by consultation
with any of the
specialists
before deciding on the dispute and shall issue
its decision on the
dispute
within a week from the date of its submission
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 and if there is no
such an 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. |
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Article (131) |
|
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".
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|
Article (132) |
|
The arbitration committee shall adjudicate upon
the collective labour disputes and render final
awards on a majority basis. In case of equality
of
votes the chairman
of
the committee shall have a casting vote.
The committee in carrying out its duties may
persue 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.
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|
Article (133) |
|
An employer may not close the place where he is
employing
the
workers or stop the work or refuse to continue
to employ any worker by
reason of a dispute that has not been decided on
by the conciliation or
arbitration committee. |
|
Article (134) |
|
The
-Minister
shall issue the decisions regulating the duties
of the
conciliation and arbitration committees.
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|
PART FIFTEEN
INSPECTION OF WORK |
|
Article (135)
|
|
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 suborgans 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.
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|
Article (136) |
|
The Work Inspectors
shall before commencement of their duties take
an oath before the Minister to respect the law
and perform their duties in good
faith and with due diligence and not to divulge the secrets or
industrial patents or other secret of
which they become aware by virtue of their
positions
even after termination of their employment.
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|
Article (137) |
|
The work inspectors deputized by a decision of
the Attorney General in
agreement with the Minister, shall have the
power of law enforcement officers
as regards
the implementation of the provisions of this law
and decisions
made thereto.
They shall bear identity cards proving their
competence and shall produce such cards to the
employers when they perform the inspection.
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|
Article (138) |
The Work Inspectors shall have the following
authority:
1. To enter the places of work 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 violating such
legislation.
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.
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|
Article (139) |
|
The employer or his representative shall
facilitate the performance by the Work
Inspectors of their duties and shall provide
them with the correct
information on any matter related to the
performance of their duties and shall
obey their request to him to attend whenever he
is requested to do so.
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|
Article (140)
|
|
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 contravention.
2. To give notification to the employer to
alleviate the contravention
specifying the type of contravention and the
period needed for its
alleviation.
3. To prepare a record of the contravention and
submit the same to
the
Department for taking the necessary action in
respect thereof.
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|
Article (141) |
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. Information on the provisions regulating the
inspection. 2.
Information of the number of Work Inspectors.
3. Statistics of the establishments which are
subject to the 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 inflicted in respect of
such violations and the
work injuries.
The Ministry shall publish the report in the
manner it deems appropriate.
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|
Article (142) |
|
The Minister shall issue a Decision on the
regulation of the inspection
and its procedures and the Department shall
prepare the forms of the inspection, visit
reports and the reports of the detection and
proof of violations and notifications and the
inspection registers etc.
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|
PART SIXTEEN
PENALTIES |
|
Article (143) |
|
Without prejudice to any severer penalty
provided for in any other law
the violations provided for in the following
articles shall be penalized by the
penalties provided for in any of them. And the
penalty of fine shall multiply in
accordance with the number of workers in respect
of whom violations are committed.
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|
Article (144) |
|
Whoever violates the provisions of Articles 7,
12, 19, 21, 22, 23,
27,28,35, sub-article 2 of Article 39, Articles
46, 47,
48,
57, 58, 73, 74, 75, 77,
91, 92, 95, 97, 99, 106, 115 and 139 of this law
shall be punished with a fine of not less than
two thousand Riyals and not more than five
thousand Riyals
and not more than five thousand Riyals. |
|
Article (145) |
|
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.
And in the violations relating to the recruitment of
workers from abroad
for the account of third parties the court may in
addition to the penalties
provided for in the preceding paragraph order the
closure of the office and the
cancellation of the license.
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Article (146) |
|
Whoever refuses to implement the conciliation or
arbitration award shall be punished with a fine of
not less than five thousand Riyals and not more than
ten thousand Riyals.
|