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.
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.
Deduction from the wage of the worker for a period not exceeding five days in respect of one violation. Suspension from work together with non-payment of the wage for a period not exceeding five days in respect of one violation. 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.
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.
Postponement of promotion for a period not exceeding one year in the establishments which maintain promotion systems. Dismissal from work with payment of the end of service gratuity. Dismissal from work and non-payment of the end of service gratuity. The employer may dismiss the worker without notice and without payment of the end of service gratuity in the following instances. If the worker assumes a false identity or nationality o r submits false certificates or documents.
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.
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 conspicuous place. 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.
If the worker discloses the secrets of the establishment where he is employed. If the worker is found during the working hours in a state of drunkenness or under the influence of a drug. 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. If the worker repeats his assault on his colleagues in work despite his being warned in writing thereof. If the worker absents himself from work without legitimate cause for more than seven consecutive days or fifteen days in one year.
If the worker has been finally sentenced for a crime involving immorality or dishonesty. 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.
The Labour Law Article 3 excludes individuals employed by the following employers from its provisions and regulation:. The provisions of the Labour Law, or any part thereof, may be applied to the employment of the individuals set out in the last four bullet points above subject to a resolution of the Council of Ministers upon the recommendation of the Minister. Where individuals are excluded from the provisions of the Labour Law, their employment is subject to alternative legal and regulatory provisions, eg.
The Labour Law Article 54 provides in summary that in addition to any other payments to which an employee is entitled on the termination of his employment, he shall also be entitled to EOS provided he has worked for the same employer for a period of one year or more. Employees who have had their employment validly terminated Article 61 for reasons of gross misconduct, eg.
Part years are pro rated. EOS is usually calculated using calendar days, but may be calculated using working days if more appropriate given the industry working practices. Periods of valid leave, eg. Periods of voluntary unpaid leave are generally excluded, but this will usually be determined by company policy in relation to the same. If an employee was employed by an employer prior to the Labour Law taking effect, ie. The Employer shall be entitled to deduct from the gratuity the amounts the Worker owes to the Employee.
The employer is also qualified to deduct from the gratuity any due amount that shall be paid by the worker. The current law states that gratuity shall be agreed upon by both parties, the employer and employee, only if it is not less than a three-week remuneration for each year that the employee worked for this employer.
That clause was part of the old law and it is no longer valid. This applies for any case, no matter the cause of death. Article 61 of the Labor Law states that there are some situations in which the employer may dismiss a worker without the payment of the end of service gratuity. These are the instances for such misconduct:. Save my name, email, and website in this browser for the next time I comment. Living in Qatar Working in Qatar. For information on the payroll process in Qatar click on this link.
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Please note that this blog is not all-inclusive. It is subjected to change and not intended to be a comprehensive summary of all laws which may be applicable to your situation, treat exhaustively the subjects covered, provide legal advice, or render a legal opinion. Get Free Consultation Did you find the blog informative?
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