Embassy of Qatar - The Labour Law

Law No (14) of the Year 2004

The Labour Law

We, Hamad Bin Khalifa AI-Thani, The Emir of the State of Qatar,

After perusal of the Amended Provisional Constitution and in particular Articles ( 23), (34) and (51) thereof and,
Labour Law No. (3) of the year 1962 and its amending Laws , and,
Law No (11) of the Year 1962 on the Establishment of the Commercial Register System and its amending Laws, and,
Law No.(3) of the Year 1963 on Regulating the Entry and Residence of Aliens in Qatar and its amending Laws, and,
Law No.(3) of the year 1984 on the Regulation of the Sponsorship of the Residence and Exit of Aliens, as amended by Law No.(21) of the year 2002,
Law No.(14) of the Year 1992 on Regulating the Recruitment of Workers from abroad for others, and,
Law No (23) of the Year 1994 on Regulating the rules of Compounding of Offences provided for in Law No (14) of the year 1992 on the Regulation of the Recruitment of Workers from Abroad for Others, and,
Law No (7) of the year 1999 on Regulating the Ministry of Civil Service Affairs and Housing and defining its competence, and
The Commercial Companies Law Issued by Law No (5) of the Year 2002, and,
The Proposal of the Minister of Civil Service Affairs and Housing, and,
The Draft Law Submitted by the Council of Ministers, and,
After taking the opinion of the Advisory Council, We have decided the following:

Article (1)

The Provisions of the Labour Law accompanied with this Law shall be applied.

Article (2)

The Minister of Civil Service Affairs and Housing shall, in coordination with the other competent authorities, issue the necessary Decisions for the implementation of this Law and until these Decisions are issued, the Decisions for the time being in force shall continue to be applied to the extent that they do not contradict with the provisions of the accompanying this Law.

Article (3)

The Laws Nos. (3) for the Year 1962, (14) for the Year 1992 and 23 for the Year 1994 referred to together with any provision contradicting with the provisions of the accompanying this Law are hereby repealed.

Article (4)

All concerned authorities, each within its competence, shall implement this Law. This Law shall come into force six months after the date of its publication in the Official Gazette.

Hamad Bin Khalifa AI-Thani , The Emir of the State Of Qatar

Issued at Emiri Diwan on 30 /3/1425 AH Corresponding to 19/ 5 /2004 AD.

Part One

Definitions and General Provisions

Article (1)

In the application of this law the following words and expressions shall, unless the context otherwise requires, have the meanings respectively assigned to them:

1. Ministry	Ministry of Civil Service Affairs and Housing
2. Minister	Minister of Civil Service Affairs and Housing
3. Department	Labour Department at the Ministry.
4. Employer	Any natural or juristic person employing one or more workers in return for a wage.
5. Worker	Any natural person who works in return for a wage for an employer or under his control or supervision.
6. Apprentice	Any natural person having an apprenticeship contract with an employer for his being instructed on the origins of a trade or craft or 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. Labour	Any human effort, whether intellectual, technical or physical exerted in return for a wage.
9. Service Contract	An agreement between an employer and worker, whether of a definite or indefinite duration, whereby the worker undertakes to perform a certain work for the employer, under his direction or supervision in return for a wage.
10. Basic Wage	The rate of payment for the work done by the worker in a certain period of time or on the basis of piece or production and includes periodic increment.
11. Wage	Basic wage plus all increments allowances and bonuses paid to the worker in return for or in respect of work of whatever kind and means of calculation.
12.Vocational Training	Educating the trainee on the origins of a trade or craft or 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	The person licensed to practise the medical profession in Qatar.
14. Corporation	Any establishment in which the Qatari share capital is not less than 51 % and whose main place of business is in Qatar.
15. Establishment	Any project managed by a natural or juristic person and employing a worker or more.
16. Continuous Service	The uninterrupted service of the worker with the same employer or his legal successor. This continuous service will not be interrupted in case of periods of leave, permitted or agreed absence or stoppage of work in the establishment for reasons not related to the worker.
17. Temporary Work	The work whose nature necessitates its performance in a limited period or which is limited to a certain work and ends upon its performance.
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 :	Suffering by the worker from any of the occupational diseases listed in schedule No.(1) to this law or any injury resulting from an accident happening to the worker during the performance of his work or by reason thereof or on his way to or back from his work provided that the journey to and from the work is made without any break lingering, or diversion from the normal route.
20. Workers Organizations	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 Ministry of Public Health.

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. Non�Qatari 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)