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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hereby repealed.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.
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Part One
Definitions and General Provisions
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Article (1) |
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In the application of this law the following
words and expressions shall,
unless the context otherwise requires, have the
meanings respectively assigned to them:
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1. Ministry |
Ministry of Civil Service Affairs and
Housing |
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2. Minister |
Minister of Civil Service Affairs and
Housing |
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3. Department |
Labour Department at the Ministry. |
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4. Employer |
Any natural or juristic person employing
one
or
more workers in return for a wage. |
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5. Worker |
Any natural person who works in return
for a
wage for an employer or under his
control or
supervision. |
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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. |
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7. Juvenile |
Any natural person who has reached the
age of sixteen but has not reached the
age of
eighteen. |
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8. Labour |
Any human effort, whether intellectual,
technical or physical exerted in return
for a wage. |
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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. |
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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. |
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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. |
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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. |
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13.
Licensed
Physician |
The
person licensed to practise the medical
profession in Qatar. |
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14.
Corporation |
Any
establishment in which the Qatari share
capital is not less than 51 % and whose
main place of
business is in Qatar. |
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15.
Establishment |
Any project managed by a natural or juristic
person and employing a worker or more. |
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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. |
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17.
Temporary
Work
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The work whose nature necessitates its
performance in a limited period or which is
limited to a certain work and ends upon its
performance. |
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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. |
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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. |
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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. |
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21.
Competent
Medical
Authority |
The Authority to be specified by the Ministry of
Public Health. |
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Article (2) |
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This Law shall apply to the employers and
workers, and prescribe their
rights and obligations and regulates the
relationship between them. |
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Article (3) |
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Except as otherwise provided for in any other
law the provisions of this
law shall not apply to the following
categories:
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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.
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The Officers and members of the armed
forces and police and the
workers employed at sea.
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The workers employed in casual works.
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The persons employed in domestic
employment such as drivers, nurses, cooks,
gardeners and similar workers.
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Working members of employer's
family. These are the wife, ascendants and
descendants who are residing with
and wholly
dependent on him.
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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. |
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Article
(4) |
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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. |
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Article (5) |
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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. |
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Article (6) |
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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. |
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Article
(7) |
The employer shall before the commencement of
the work
in his
establishment notify the Department of the
following particulars:
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The name of the establishment, its
location, its type of activities,
its
correspondence address and its telephone number.
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The nature of the work which the establishment
carries on.
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The number of workers
employed by the establishment,
their
professions and nationalities.
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The name of the authorized manager of the
establishment.
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Article (8) |
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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. |
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Article (9) |
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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. |
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Article (10) |
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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. |
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PART TWO
VOCATIONAL TRAINING |
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Article (11) |
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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. |
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Article (12) |
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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. |
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Article (13) |
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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. |
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Article (14) |
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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. |
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Article (15) |
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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. |
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Article (16) |
The employer may terminate the vocational
traiing contract before its expiry date in the
following instances:
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If it has been proved that the apprentice
is not capable of learning the craft or
trade.
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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. |
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Article (17) |
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The
parties
to the
vocational
training contract
may
agree
that the
apprentice shall work with the employer after
the expiry of the apprenticeship period. |
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PART THREE
REGULATION OF THE EMPLOYMENT OF WORKERS |
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Article (18) |
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Priority in the employment shall be given to the
Qatari workers. NonQatari workers may be
employed in case of need. |
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Article (19) |
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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. |
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Article (20) |
The Department shall, in respect of regulating
the employment of the Qatari Nationals, perform
the following:
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Collection of the information concerning
the supply and demand for
manpower and preparation of studies on the
status of employment.
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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.
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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.
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Article (21) |
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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.
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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. |
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Article (23) |
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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:
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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.
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The non-Qatari applying for the work
permit shall be in possession
of a residence permit.
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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. |
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Article (24) |
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The form of the work permit and the necessary
particulars therein shall
be issued by a decision of the Minister. |
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Article (25) |
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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. |
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Article (26) |
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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. |
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Article (27) |
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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. |
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Article (28) |
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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.
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Article (29) |
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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. |
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Article (30) |
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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. |
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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. |
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Article (32) |
| The person who is licensed to recruit
workers from abroad for others shall obtain
the necessary commercial license for this
purpose. |
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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. |
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Article (34) |
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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.
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Article (35) |
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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. |
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Article (36) |
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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. |
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Article (37) |
Fees shall be imposed on the following:
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The granting of the work permit and the
renewal and replacement
thereof.
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The granting
of the
license to recruit workers from abroad and
renewal and replacement thereof.
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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. |
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PART FOUR
THE INDIVIDUAL LABOR RELATIONSHIPS |
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Article (38) |
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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:
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The name of the employer and place of his
work.
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The name, qualifications, nationality,
profession and residence of
the worker and the proof necessary for his
identification.
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The date of conclusion of the contract.
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The nature and type of the work and place
of contracting.
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The date of commencement of the work.
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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.
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Article (39) |
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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.
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Article (40) |
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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. |
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Article (41) |
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