Qatar Labour Law (Law No. 14 of 2004)

المادة 1

For the implementation of the provisions of this Law, the following words and expressions shall have the meanings herein assigned to them, unless the context requires otherwise: 1 Ministry: means the Ministry of Labour. 2 Minister: means the Minister of Labour. 3 Department: means the Labour Department at the Ministry, and in the application of the provisions of Articles 12, 15, 19, 20, 22, 23/2/1, and 27 of this Law, the Department of National Labour Force Development. 4 Employer: means any natural or legal person who employs one or more persons for Remuneration. 5 Worker: means any natural person who receives a Remuneration or to whom a Remuneration accrues in respect of services rendered under the Employer’s management and control. 6 Trainee: means any natural person who has a contractual relationship with the Employer to be taught the basics of a profession or a craft to increase his/her knowledge in the business of the Employer. 7 Juvenile: means any natural person who has reached the age of sixteen but who has not reached the age of eighteen. 8 Work: means any human effort, whether intellectual, technical or physical exerted in return for Remuneration. 9 Employment Contract: means an agreement, whether for a fixed or an unfixed period, concluded between an Employer and Worker. The Worker undertakes to carry out certain Work for Remuneration on behalf of an Employer under his management and control. 10 Basic Wage: means the Remuneration paid to the Worker, including only the annual allowance and no other payment, for the Work he performs in a certain period of time, or on the basis of piecework or production. 11 Remuneration: means the Basic Wage in addition to all the allowances, compensations and the gratuities that are paid to the Worker for the Work or on its occasion, whatever its type and the method of its calculation. 12 Occupational Training: means providing occupational training, improving occupational skills and advancing occupational skills of Workers. 13 Licensed Physician: means a person who holds licence to be a medical practitioner in the State of Qatar. 14 Institution: means any Establishment whose capitalization is not less than 51% of the total capitalization and is headquartered in the State of Qatar. 15 Establishment: means any project that is managed by a natural or legal person that employs one or more people. 16 Continuous Service: means an uninterrupted service of the Worker with the same Employer or his legal successor, and such service shall not being interrupted in case of having holidays or absence permitted legally or by agreement, or by the cessation of the Work in the Establishment for a reason beyond the Worker’s control. 17 Temporary Work: means the Work whose nature necessitates its execution within a limited period, or that focuses on a certain job and ends by the completion thereof. 18 Incidental Work: means the Work that is not the regular activity of an Employer and which shall not continue for more than four weeks. 19 Occupational Injury: means any occupational diseases listed in Schedule 1 of this Law, any other injury occurring while carrying out Work on behalf of an Employer, injury occurring while travelling to and from places where Work was conducted, provided there was no divergence and interruption from normal route and routine between the place where Work was performed and the Establishment. 20 Worker’ Organizations: means the Workers’ committees, the general committees of the profession or industrial Workers, and the General Union of Qatar’s Workers. 21 Competent Medical Authority: means the authority determined by the National Health Authority.

المادة 2

This Law applies to Employers and Workers. It determines their rights and duties and regulates their relationship.

المادة 3

فيما عدا ما ورد بشأنه نص خاص، لا تسري أحكام هذا القانون على الفئات التالية: 1- الموظفين والعاملين في الوزارات والأجهزة الحكومية الأخرى والهيئات والمؤسسات العامة، والشركات التي تؤسسها الحكومة أو تشارك في تأسيسها وتعمل في مجالات البترول وفي تسويق وبيع المنتجات البترولية والكيماوية والبتروكيماوية ومشتقاتها، والشركات التي تؤسسها أو تشارك في تأسيسها قطر للبترول، أو التي تساهم فيها، والعاملين في الشركات القائمة على تنفيذ اتفاقيات الاستكشاف والمشاركة في الإنتاج، واتفاقيات تنمية الحقول واقتسام الإنتاج، واتفاقيات المشاريع المشتركة في مجال العمليات البترولية والصناعات البتروكيماوية، وكذلك الذين تنظم شؤون توظفهم قوانين خاصة. 2- ضباط وأفراد القوات المسلحة والشرطة وغيرها من الجهات العسكرية، والعاملين في البحر. 3- المستخدمين في الأعمال العارضة. 4- المستخدمين في المنازل كالسائق والمربية والطاهي والبستاني ومن في حُكمهم. 5- أفراد أسرة صاحب العمل وهم زوجه وأصوله وفروعه من العمال المقيمين معه في مسكنه الذين يعولهم بصورة كاملة. 6- العمال الذين يعملون في الزراعة والرعي فيما عدا الأشخاص الذين يعملون في المؤسسات الزراعية التي تقوم بتصنيع أو تسويق منتجاتها، أو الذين يقومون بصفة دائمة بتشغيل أو إصلاح الآلات الميكانيكية اللازمة للزراعة. ويجوز بقرار من مجلس الوزراء، بناء على اقتراح الوزير، تطبيق كل أو بعض أحكام هذا القانون على الفئات المذكورة في البنود (3، 4، 5، 6) المشار إليها..

المادة 4

The rights prescribed by this Law represent the minimum rights of the Workers. Therefore any conditions contrary to the provisions of this Law, even if made prior to its effectiveness, shall be and void unless they are more advantageous to the Worker. Any release, compromise or waiver of the entitlements prescribed herein for the Worker shall be deemed and void.

المادة 5

Any amounts of money due to the Worker or his heirs under this Law shall have priority over all movable and immovable properties of an Employer in lieu of monies payable. Furthermore, monies payable to Workers shall have priority over all other debts of the Employer, including his debts to the State.

المادة 6

Should an Employer entrust to any natural or legal person entity to carry out part or all of his original Work, such person shall treat equally, in rights and privileges, the Workers he employs for execution of such Work and the Workers of the original Employer. And both shall be responsible jointly for fulfilment of Workers' entitlements, within the limits of the amounts to which the Employer is indebted to the person entrusted with the Work.

المادة 7

Before commencement of the Work at their Establishments, Employers shall provide the following particulars in writing to the Department: Name of the Establishment, location, type of activity, correspondence address and contact numbers. Nature of Work carried by the Establishment. Number of Workers to be employed by the Establishment, their professions and nationalities. Name of the authorized manager of the Establishment.

المادة 8

Periods and dates utilized in this Law shall be based on the Gregorian calendar. One year shall be deemed to consist of 365 days, and a month of 30 days.

المادة 9

Arabic shall be the official language utilized in drafting contracts, other documents and written instruments provided in this Law. The Employer may attach to the original contracts, documents or written instruments, translations into other languages. In the event of inconsistency, the Arabic text shall prevail.

المادة 10

All lawsuits filed by Workers or their heirs claiming Worker benefits payable as required by this Law and their Employment Contract, shall be executed promptly free from judicial fees. Subject to the provision of Article 113 of this Law, a lawsuit brought for Worker benefits shall lapse if filed one (1) year from the date of the termination of the contract. Chapter Two Occupational Training

المادة 11

Occupational Training shall be conducted within the Establishments and at accredited Institutions. The Minister shall issue an order determining theoretical and practical programmes for training. The order shall also stipulate the maximum duration of the training, and the rules and conditions to be followed in such training. It shall also set the method of examination and types of certificates to be awarded after completion of the training.

المادة 12

The Employer who employs fifty Workers or more shall provide technical training to 5% of the Qatari Workers in his/her Establishment. In accordance with the accredited training program by the Ministry, the candidates for training shall be nominated by the Department.

المادة 13

Trainees shall conclude their contracts with the Employer. Trainees who are below eighteen years of age shall be represented by their custodians or trustees, as the case may be.

المادة 14

The Occupational Training contract shall be in writing, and it shall specify the type of profession involved in that particular training, its duration and consecutive stages. Furthermore, it shall stipulate Remuneration, taking into account that such Remuneration, at the final stage, shall not be less than the minimum payment prescribed for similar Work. Payments of the Trainee shall not be determined on the basis of piecework or production.

المادة 15

The Occupational Training contract shall be in three copies, and each of the two parties shall retain one copy, and the third copy shall be submitted to the Department for registration and approval within one week from the date of conclusion of the Occupational Training contract. The contract shall be considered approved if the Department makes no objection to the contract within ten days from the date of submission.

المادة 16

Employers may terminate the training contract before the end of its duration in the following cases: If it is proved that a Trainee is not fit for learning the profession or craft. If a Trainee breaches any of the essential obligations stipulated in the contract. Trainees or their custodians or trustees may terminate the training contract at any time subject to lawful reasons. The party interested in termination of the contract shall notify, in writing, the other party at least seven days prior to the date of termination.

المادة 17

Both parties in a training contract may agree to allow the Trainee to work with the Employer after the end of the training duration. Chapter Three Regulation of Workers’ Employment

المادة 18

Qatari Workers shall be given priority in employment; only in cases of necessity should non-Qatari Workers be employed.

المادة 19

Employers shall furnish the Department every six months with a report detailing the following information: Names of Workers in employment. Genders of Workers in employment. Nationalities of Workers. Job descriptions of the Workers. Remuneration packages of Workers. Ages of Workers and Work permits details where necessary.

المادة 20

In regulating the employment of Qatari Workers, the Department shall do the following: Collect data concerning the supply and demand of the labour force, and prepare studies and reports on employment.. Keep the register of Qatari nationals who are unemployed and those seeking better employment in a registry prepared for such purpose at their request. Applicants seeking employment shall be offered a certificate upon registration at no cost. The certificate shall detail the age of the applicant, profession of the applicant, qualification of the applicant and work experience. Suggest and nominate registered applicants for work suitable to their age, skills and qualifications to the Employers.

المادة 21

Qatari Nationals shall not be employed unless they obtain registration certificates referred to in the aforementioned Article. The persons who occupy senior positions and exercise the authorities delegated to them by the Employer along with casual Workers shall be exempted from the application of this Article.

المادة 22

Employers shall notify the Department regarding employment opportunities available. Employers shall include in the notification job descriptions, Remuneration payable and the starting date of employment within one month from the date of the vacancy or the creation or availability of Work. Employers shall return to the Department the registration certificate of Workers within seven days from the conclusion of their contracts with Workers. The registration certificates of Workers shall be accompanied by a report detailing their job descriptions, Remuneration payable, and the commencement date of employment.

المادة 23

Non-Qatari Workers shall not be employed unless approved by the Department. Non-Qatari Workers shall also obtain Work permits in Qatar in accordance with the rules and procedures prescribed by the Ministry. Work permits issued to non-Qataris shall be subject to the following conditions: Non-existence of qualified Qatari Workers registered with the Department to perform the Work for which a permit is required. Obtaining of residence permits. Being medically fit. The validity of the Work permit shall be in accordance with the residence period. Work permits shall not be for more than five years unless approved by the Department. The provision of this Article shall be applied to the categories detailed in paragraphs 3, 4, 5 and 6 of Article 3 of this Law.

المادة 24

The form of the Work permit and the necessary statements therein shall be issued by an order from the Minister.

المادة 25

The Minister may cancel the Work permit granted to a non-Qatari Worker, in the following situation: Failure to meet neither condition 2 nor 3 stipulated in Article 23 of this Law. Unjustifiable cessation of employment for a period of more than three months. Working with another Employer other than that for whose employment the permit was issued. Dismissal of the Worker following a disciplinarily action.

المادة 26

The proportion of Qatari Workers to non-Qatari Workers in various Work sectors shall be determined by a decision of the Minister. The Minister may prohibit, as the public interest requires, the employment of non-Qatari Workers in any of the sectors stated in the previous paragraph.

المادة 27

Employers who employ non-Qatari experts or technicians shall train an appropriate number of Qatari Workers or employ Qatari Workers as assistants with an objective of imparting skills and expertise. The Department shall nominate these Workers.

المادة 28

Employers may only utilize the services of an accredited qualified person to recruit Workers from abroad. The Department may, however, grant an approval to an Employer or his representative to directly recruit Workers from abroad. The recruitment of domestic Workers shall be excluded by this provision. Employers may only utilize the services of an accredited qualified person to recruit Workers from abroad. As an exception to that, the Employer or his representative, based on the approval of the Department, may directly recruit Workers from abroad. Such exception shall include the recruitment of “domestic workers” and no approval of the Department shall be required.

المادة 29

A natural or legal person may not recruit Workers from abroad for third parties without licences. The term of licences shall be for two years, renewable for another similar period or periods. The conditions of obtaining such licences shall be determined by a decision of the Minister.

المادة 30

The application for the recruitment of Workers for others from abroad shall be submitted to the Department on the form issued by a decision from the Minister. The form shall be submitted together with supporting documentation as required by this Law and the implementing decisions thereof. The Department shall study the application and the supporting documentation and submit them to the Minister for a decision within thirty days from the date of submission. The expiry of the aforementioned period without a decision on the application shall be deemed to be a refusal thereof.

المادة 31

Based on a decision by the Minister, the licence for recruitment of Workers for third parties from abroad shall be granted. The Department shall notify the concerned party of the approval or refusal of the application within one week from the date of its issuance. Should the application be rejected or should the period provided in the aforementioned Article expire without a decision, the applicant may appeal to the Minister within 15 days from the notification date of the rejection of the application or the expiry of 30 days after the submission without response. The decision on the appeal shall be published 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 shall be considered as a rejection of the appeal.

المادة 32

Persons who are licensed to recruit Workers from abroad on behalf of third parties shall obtain commercial licences necessary for this purpose.

المادة 33

Persons who are licensed to recruit Workers from abroad on behalf of the third parties shall be prohibited from doing the following: Collecting from the recruited Workers any sums of money as recruitment fees or other charges. Engaging in their offices in any other business save for that of recruiting Workers from abroad on behalf of third parties.

المادة 34

Recruitment of Workers from abroad on behalf of third parties shall be based on a written contract between a recruiting agent and an Employer in accordance with the recruitment contract determined by a decision of the Minister. Without prejudice to the responsibilities specified in the recruitment contract, the responsibilities of a recruiting agent shall cease immediately upon arrival of the Worker(s) and delivering them to the Employer.

المادة 35

Recruitment agents shall be subject to the supervision of the Ministry. They shall maintain in their offices reports and all documents specified as per the decision of the Minister.

المادة 36

Based on a decision by the Minister, the recruitment licensing procedures, rules and regulations, and the terms of engagements of the recruitment agencies for recruitment from abroad for third parties shall be determined.

المادة 37

تُفرض رسوم على ما يلي: 1- منح رخص العمل وتجديدها واستبدالها. 2- منح الترخيص بمزاولة مهنة استقدام عمال من الخارج وتجديده واستبداله. 3- التصديق على أختام الشركات والمؤسسات وعلى عقد العمل والشهادات والمستندات الأخرى التي تصدق عليها الوزارة. 4- تعديل المهنة. الفصل الرابع علاقة العمل الفردية

المادة 38

Employment contracts shall be in writing, authenticated by the Department and shall consist of three copies, with two copies for the parties to the contract and a third copy to be deposited in the Department. Employment Contracts shall govern the terms of Work and a Work relationship between parties to the contract. The Employment Contract shall specify in particular the following information: The name of the Employer and the place of Work. Name of a Worker, qualification of a Worker, nationality of a Worker, profession of a Worker, place of residence of a Worker, and other necessary information to verify his/her identity. Date of conclusion of the Employment Contract. Nature and type of Work and the place of contracting. Date of commencement of work. Period of the Employment Contract, if applicable (in the case of a fixed period). Agreed Remuneration, date and method of payment. In the absence of a written Employment Contract, the Worker may prove the Work relationship and the rights arising therefrom by all admissible means of evidence.

المادة 39

Employment Contracts may provide conditions that put the Worker under a probation period agreed upon by both parties to the Employment Contract. The probation period shall not exceed six months from the date of commencement of the Work. Employers may not put Workers under probation, with the same Employer, more than once. Employers may terminate the Employment Contract before the expiry of the probation period if the Worker fails to carry out his/her duties as per the Employment Contract. Employers shall notify Workers of this decision within at least three days from the termination date of the contract.

المادة 40

If the Employment Contract is for a fixed period, the duration thereof shall not be more than five years, renewable for a similar period or periods by the agreement of the two parties. If the contract is not renewed and the two parties continued in execution thereof without clear agreement after the expiry of its period, the contract shall be considered renewed for an unlimited time with the same conditions provided therein. The renewal period shall be considered as an extension of the previous period, and service of the Worker shall be counted as from the date of commencement of Work with the Employer at the beginning.

المادة 41

If the subject matter of the Employment Contract is the performance of specific Work, the Employment Contract shall end by the execution thereof. If the Work is, by its nature, capable of being renewed and the execution of the Employment Contract continues after the performance of the agreed Work, the Employment Contract shall be considered to have been renewed for similar periods by the agreement of the two parties.

المادة 42

The Worker shall undertake the following: To perform the Work by himself and to exert the ordinary man's care in its performance. To carry out the Employer's orders concerning execution of the Work, provided that they are not contrary to the Employment Contract or the law, and obeying the same will not subject the Worker to danger. To not to Work for third parties, with or without payment. To maintain the raw materials, means of production, and products etc., which are in his possession or at his disposal and to take the necessary steps for their safekeeping and maintenance. Carry out the safety and professional health instructions prescribed by the Establishment. Cooperate in the prevention of accidents in the place of Work or in the alleviation of the results thereof. Procure continuously, subject to availability, the professional and cultural development of his skills and expertise in accordance with the rules and procedures which the Employer sets forth, in collaboration with the competent authorities. Not to disclose the secrets of the Employer even after the end 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 other than from the Employer. Return at the end of the Employment Contract the unused tools or materials at his disposal.

المادة 43

Any condition stipulated in the Employment Contract, even if the Employment Contract precedes the enforcement date of this Law, shall be considered and void if it included an undertaking from the Worker to work for life with the Employer, or abstain from carrying out for life any other craft or profession that could be practised after leaving the employment. 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 a condition that the Worker shall not compete with him or participate in any competing project after expiry of the Employment Contract. Such stipulation shall be confined in its duration and place and type of the Work to the extent necessary for protection of the lawful interests of the Employer, and shall not exceed two years.

المادة 44

The Employer shall undertake to enable the Worker to perform the Work and provide all the necessary requirement therefore and if the Worker attends the place of Work and is ready to do the Work but he fail for reasons beyond his control to do the Work, he shall be considered to have actually done the Work and so be entitled to the advantages accruing therefrom.

المادة 45

The Employer may not ask the Worker to perform Work other than the Work agreed upon unless for the prevention of an accident or to correct the consequences therefrom or in the case of force majeure, provided that the Worker shall be paid the entitlement accruing therefrom. As an exception to the foregoing, the Employer may ask the Worker to perform Work other than the Work agreed upon if it is Temporary Work or if the Work is not essentially different from the original Work and entails no insult to the Worker on condition that the Remuneration of the Worker shall not be reduced

المادة 46

The Employer who employs ten or more Workers shall set a handbook of rules for the Work in the Establishment. Such rules and their amendments shall come into force after being submitted and approved by the Department. If the Department does not approve them within a month from date of its submission to it, the rules shall then be considered approved. The rules shall be posted in a conspicuous place in the Establishment for the Workers to be informed thereof, and shall come into force after fifteen days from the date of their announcement. The Minister may issue an order to determine the form of such rules as guidance to the Employers.

المادة 47

The Employer shall keep a special file for each Worker wherein all papers and certificates concerning the Worker shall be deposited along with the decisions and instructions related thereto. The Employer shall keep the said file for a period of at least one year after the termination of the Employment Contract of the Worker.

المادة 48

The Employer shall maintain the following registers: The Workers' register, which contains in particular the names, nationalities, nature of jobs, amounts of Remuneration, date of commencement of work, marital status, academic and professional qualifications, holidays of the Workers and the penalties imposed upon him. The Remuneration register, wherein names of the Workers are recorded, in accordance with the date of commencing employment, the daily, weekly or monthly pay, or piecework or production Remuneration and its supplements for each Worker, the additional Remuneration paid to them, the amounts deducted from Remuneration, and the net Remuneration received by each of them. Penalties register, wherein the financial penalties imposed on each Worker and the result shall be recorded. The registry of Occupational Injuries to record the Occupational Injuries sustained by every Worker. The end of service register wherein the names of the Workers whose services have been terminated, the dates and reasons for their termination and the entitlements paid to them or to their heirs shall be stated.

المادة 49

If the Employment Contract is for a fixed period in duration, any of the two parties thereof may terminate it, without giving reasons. In this case the party interested in termination of the Employment Contract shall notify the other party in writing as follows: As for the Workers who are paid their Remuneration annually or monthly, the notification shall be made before one month from the date of termination of the Employment Contract if the service period is five years or less. If the service period is more than five years, the period of notification shall be two months at least. In all other cases the notice shall be given in accordance with the following periods: If the duration of employment is less than one year, the notice period shall be at least one week. If the period of duration of employment is more than one year and less than five years, the notice period shall be at least two weeks. If the period of duration of employment is five years or more, the notice period shall be at least month. If the Employment Contract is terminated without observing these periods, the party terminating the Employment Contract shall be obliged to compensate the other party for an amount equivalent to the full Remuneration for the notice period or the remaining part thereof.

المادة 50

The Employer shall pay to the Worker his full Remuneration for the notice period stated 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 be absent from Work for reasonable times to enable him to register his name in the register of the Department to find a new job. Upon obtaining new employment, the Worker shall notify the Employer immediately, and stay regularly in the Work up to the end of the notification period.