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Qatar. Labour Act No. 3 of 1962
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QATAR

Labour Act No. 3 of 1962*

* Published in the Official Gazette on 2 April 1962, No. 2

(Unofficial translation)


Table of contents

CHAPTER 1 - DEFINITIONS AND GENERAL PROVISIONS

CHAPTER 2 - EMPLOYMENT AND WORK PERMITS

CHAPTER 3 - WORK CONTRACTS

CHAPTER 4 - END OF SERVICE COMPENSATION

CHAPTER 5 - WAGES

CHAPTER 6 - WORKING HOURS AND OVERTIME

CHAPTER 7 - WORK OF YOUNG PERSONS

CHAPTER 8 - REGULAR HOLIDAYS AND SICK LEAVE

CHAPTER 9 - SAFETY, HEALTH AND WELFARE OF WORKERS

CHAPTER 10 - COMPENSATION FOR DISABILITY AND DEATH

CHAPTER 11 - JOINT COMMITTEES, DISPUTES AND PROCEEDINGS

CHAPTER 12 - LABOUR STRIKE AND WORK STOPPAGE

CHAPTER 13 - PENALTIES, INSPECTION AND IMPLEMENTATION

Schedule One - Estimation of Compensation for Death and Disability

Sections of the Labour Act prior to being amended


We, Ahmed Bin Ali Al Thani, Amir of Qatar, have resolved to adopt the following Act:

CHAPTER 1 - DEFINITIONS AND GENERAL PROVISIONS

Section 1:

This Act determines the rights and duties of employers and workers in Qatar, and regulates the relationship between them.

Section 2:

In the execution of this Act, the following definitions shall be adhered to:

1) An employer is any person or entity who signs a labour contract with a worker or workers in return for a defined wage.

If the employer assigns the work to another person such as a sub-contractor to do all or part of his (the employer's) work, this other person must provide for his own workers at the same level of the workers of the employer with regard to all rights.

The original employer must be reciprocal with the same contractor, within the limits of the amounts of money he owes him.

The provisions of the previous subsection apply only to contracts signed in accordance with this Act.*

* Amended by Act No. 20 of 1974. (G5/1974)

2) A worker is defined as any person not specifically excluded from the applicability of this Act, and who has signed a labour contract with the employer.

3) A worker under training is any labourer who is learning a trade or a vocation, whether he is a young person or of full legal age.

4) A young person is defined as any person who is fifteen years of age or older but has not yet reached eighteen years *

* Amended by Act No. 8 of 1978 (G5/1978)

5) Base wage is defined as the average pay for the work performed by the worker during a defined period of time, or based on pieces of a product produced. This includes regular periodic allowances but not any other rewards.

6) Wage is defined as the base wage plus other amounts due to the worker in return for his work. This includes overtime pay, cost of living and family allowance which may be due to the worker, plus any other rewards or other periodic grants. It does not include moving or travel expenses or any other grant, allowance or any contribution by the employer to any system which is meant to benefit the worker. Wages may be paid annually, monthly, weekly, daily, by the hour or by the piece, as agreed upon (by both parties).

7) An labour contract is any agreement between the employer and the worker, regardless of whether it is in writing or oral, for a certain period or even without a defined end, in which the worker is to perform a certain job in return for agreed-upon wages, for the employer, and the worker agrees to be under the direction and supervision of the employer whether the work agreed upon is mental or physical.

8) A certified or licensed physician is defined as any person who possesses the required qualifications to practice medicine and possesses the required license from the government of Qatar to practice this profession in Qatar.

9) A citizen is defined as any person who has the citizenship of Qatar, and has received this citizenship legally.

10) A national enterprise is defined as any company or enterprise, regardless of its type, which is 51% at least owned by a citizen of Qatar. *

* Added by Act No. 12 of 1974 (G5/1974)

Section 3:

Any condition violating the provision of this Act shall be considered null and void, even if it existed prior to the execution of this Act, unless said condition is more of an advantage to the worker. In this case, that condition shall remain in effect.

Section 4:

All releases or agreements reached after the application of this Act regarding the rights or obligations which arise from work, shall be void if said releases or agreements include items in violation of the provisions of this Act. Excluded from this is any release or agreement which is more of an advantage to the worker.

Section 5:

Young persons under fifteen years of age shall not be hired to work in any kind of work. They shall not be permitted to enter the workplace *.

* Amended by Act No. 8 of 1978 (G5/1978)

Section 6:

Without violating the provision of section 12, the provisions of this Act do not apply to the following groups:

1) Government employees and workers, regardless of the type of work they perform or the group they belong to;

2) Members of the public security forces;

3) Persons who work in temporary jobs for periods of less than four weeks;

4) The family members of the employer who live with him in his house, and who are fully provided for by the employer;

5) Persons employed as domestic help in private homes such as drivers, governesses, cooks, gardeners and similar workers;

6) Persons employed in small enterprises which use mechanical devices, and which usually employ less than six workers. *

* Amended by Act No. 1 of 1963 (G 1/1963) then by Act No. 18 of 1963.

Section 7:

All amounts due to the worker or his heirs in accordance with the provisions of this Act shall have priority over the movable and fixed (real estate) property of the employer.

Section 8:

All court complaints submitted by the worker or his heirs in accordance with the provisions of this Act must be looked into immediately, and must be exempt from legal fees.

Without violating the provisions of Section 64 of this Act any claim for any right based on a labour contract shall be considered null and void if it is not submitted within one year from the end of said contract.*

* Added by Act No. 12 of 1974 (G5/1974)

Section 9:

The Hijri (Islamic) calender shall be the official calendar, but the employer may use the Gregorian Calendar in the application of the provisions of this Act.

CHAPTER 2 - EMPLOYMENT AND WORK PERMITS

Section 10:

Employers shall give the priority in hiring, to the highest extent possible, to nationals first, then to other Arab nationals next, whenever such workers are available.

If the number of workers becomes too high for the work needed , the non-Arab employees must be released before the national or the Arab workers, as long as the nationals or the Arabs can do the job.

Section 11:

1) In the Labour Ministry, an office or offices for employment must be established. Its purposes shall be:

a) Helping workers who become unemployed to find new jobs, and helping others who are employed to find better jobs;

b) Helping employers to find and hire employees when they need them, and to help employers to adhere to the provision of Section 10 of this Act.

2) Any unemployed or employed worker shall have the right to record his name in one of the employment offices and to receive a certificate that he has in fact registered without charge, in accordance with applicable rules and regulations.

3) An employer shall employ any unemployed or employed worker registered in one of the employment offices, by informing said office of his needs, showing the registration certificate number of the worker, the type of work needed, and the wages.

Section 12:

1) Employers are not permitted to employ non-citizens or non-Arabs without making sure that no qualified nationals or Arabs are available and registered as unemployed in the employment office.

2) Non-citizens shall not be hired unless they have a work permit from the Labour Ministry. This permit is issued in consultation with the Immigration Ministry. The provision of this Section is applies to the groups of workers set forth in sections 1,3,4,5 and 6 of Act No. 6. *

* Amended by Act No. 18 of 1863. (G5/1963), then replaced by the last section of Act No. 12 of 1986. (G5/1987).

Section 13:

1) Work permits shall be issued to non-citizens in accordance with the system of the Ministry of Labour and Social affairs, according to the following conditions:

2) The work permit shall be valid for 2 years when issued for the first time, and may be renewed for the duration allowed by the residency permit.

3) The Council of Ministers shall determine the fees of the work permits and renewals and replacements and exemptions from fees. This also applies to the fees certifying the seals of corporations, private and public establishments, as well as work contracts, certificates and other documents which are usually certified by the Ministry of Labour and Social Affairs. *

* Amended by Act No. 5 of 1964. (G1/1964, subsection C was then replaced by Act No. 12 of 1987. (G5/1987).

Section 14:

The Labour Ministry may cancel the work permits in the following cases:

1) If the worker to whom the permit was issued violated any of the conditions upon which the permit was granted;

2) If the worker became unemployed for a period of more than three consecutive months. *

* Amended by Act No. 12 of 1974. (G5/1974)

CHAPTER 3 - WORK CONTRACTS

Section 15:

1) The work contract shall specifically determine the date of commencing the work, the type of work, location of work, performance conditions and wages.

2) The work permit must contain any probationary (testing) period to be agreed upon between both parties. This period shall not exceed 1 year. A worker shall not be hired by the same employer for more than 1 probationary period.

This period shall be counted as part of the service duration.

3) The work permit must include an agreed-upon training period. This period may vary according to the age of the worker and type of work to be performed by said worker. This training period shall be counted as part of the service duration which follows it. *

* Amended by Act No. 12 of 1974. (G5/1974)

Without violating the provisions of section 15, subsection a, the worker and the employer must not agree on a base wage below the minimum wage which is issued by a decree from the Amir.

4) All work permits, instructions, notices, schedules and other documents issued by the employer in the application of this Act shall be in Arabic.

Translation to other languages may be added, but the Arabic language shall be the only language recognized in case of disputes.

The Labour Minister may grant the employer a reasonable duration to allow him to take the appropriate and necessary measures to implement the provisions of subsection 4 of this section.

Section 16:

Any condition in any labour contract, even if the contract was signed prior to the date of the application of this Act, shall be considered null and void if it includes:

1) A pledge by the worker never to work in any profession he can perform after leaving work with the employer;

2) A pledge by the worker to work for the employer for the rest of his life.

Section 17:

1) If the work contract is for a limited duration, said duration must not exceed 5 years. It may be renewed for an equal or a lesser period as may be agreed upon by both parties.

2) If both parties continued the implementation of the provisions of the contract after its expiration date without a clear agreement, said contract shall be considered renewed and valid for an unlimited duration and with the same conditions stated in the contract.

3) If the contract is renewed, the new duration shall be considered an extension of the previous duration of the contract, and, when calculating his benefits and allowances applicable to him for his service duration, the worker's service period shall begin from the date he started working the first time.

4) If a foreign worker stopped working prior to the end of his contract, and his wages exceeded 300 Riyals per month, he shall not have the right to work elsewhere for the remainder of the period of his contract, and he must leave the country. After leaving the country, he shall fall under the provisions of section 2 of Act No. 3 of 1963 regarding the regulation of entry and residence of foreigners in Qatar. *

* Added by a decree in Act No. 20 of 1966 (G5/1966), then amended by Act No.2 of 1981. (G3-1981)

Section 18:

A work contract for an unlimited duration may contain a clause which gives both sides the right to end the contract without having to give any reasons. In this case, however, the party which wishes to use this option must declare the following to the other party:

1) For workers who receive their wages on an annual and monthly basis, the notice to terminate the contract must be given to the other party at least 1 month prior to leaving the work, if the service period was not less than 5 years. If the service period exceeds 5 years, the notice of termination of employment must be given 2 months earlier.

2) In other cases, the following system shall be followed when giving notices:

3) If a foreign worker informed the employer of his wish to terminate a contract without duration, and he left work prior to the end of the duration of the notice to leave as stated in the previous two subsections of this section, or if he left without notice, he must leave the country. After leaving , he shall fall under the provision of section 2 , Act No. 3 of 1963, regarding the regulation of entry and residence of foreigners into Qatar.*

* The third subsection was added by Act No. 20 of 1966. (G5/1966), then replaced by Decree by Act No. 4 of 1967 (Q1/1967), then amended by Act No.2 of 1981, (G3/1981).

Section 19:

1) Except for the cases stated in section 20, the employer shall pay the worker his full due wages for the entire notice period stated in section 18. The worker must perform his work during the entire notice period, if he was asked to do so by the employer.

2) If the worker was asked to work during the notice to leave, he must be allowed to periodically leave his work for a period of time agreed upon by the employer, in order to register his name in one of the employment offices to find a new job. The worker shall inform his current employer when he finds a new job. He must, after that, continue working in his job until the end of the notice period.

Section 20:

The employer may dismiss the worker without notice and without any end of service allowance and benefits under the following conditions:

1) If the worker is found to have a fake identity or nationality or if he submitted any forged documents or certificates;

2) If the worker committed an error that caused a great financial loss to the employer, provided that the employer notifies the Ministry of Labour of this accident within a period not to exceed the end of the next working day from the day of the accident;

3) If the worker violated the safety rules in the work place, provided that these rules are in writing and posted in a clear location, or given to the worker orally if he is illiterate;

4) If he failed to perform his basic duties in accordance with the work contract and insisted on violating the reasonable instructions of the employer regarding these duties, in spite of a written warning given to him because of his refusal to follow instructions;

5) If he violated the confidentiality of the enterprise he works for;

6) If he was convicted by a criminal court of law for a crime he committed in the work place or connected to his work which violates acceptable standards of moral and honourable behaviour;

7) If he was found during working hours to be intoxicated or under the influence of illegal drugs;

8) If during working hours he physically attacked the employer or his manager. Also if he repeatedly attacks his co-workers, even though he has been warned in writing to refrain from doing so. If a court finds that the discharge of the worker from his job or the termination of his job was arbitrary or in violation of the provision of the labour law, it (the court) may order the employer to reinstate the worker in his job or to pay him an appropriate compensation. This is in addition to any other rights and benefits that the worker may have earned in accordance with the law. The court shall have the right to determine the extent of the violation.*

* The last subsection was added by Act No. 12 of 1974. (G5/1974)

Section 21:

The worker may leave his work prior to the end of the contract, and without a prior notice, while preserving his right to an end of service compensation and reward, under the following conditions:

1) If the employer failed to fulfill his obligation in accordance with the work contract, or if he violated the provisions of this Act;

2) If the employer or his managers physically attacked the worker or any member of his family, or if he gave a morally unacceptable order to the worker or to any member of his family;

3) If the employer or his representative cheated or deceived the worker when they signed the work contract, regarding the work rules and conditions or type of work, provided that the worker submits evidence to that effect to the employer or to his representative within one month of beginning the employment.

Section 22:

Upon the completion of the worker's service, he must be given, without charge, a certificate stating the type of work he performed and the duration of his service and his last wages. He must also be given back any documents, certificates or tools he may have left with the employer.

Section 23:

Upon the completion of the worker's service, the employer must return the worker, at the employer's expense, to the place where he hired him, or to any place both parties have agreed upon. If the worker was not a citizen of Qatar, he must begin his return trip within a period not to exceed four weeks from the date of expiration of his contract. However, if the worker who has the right to return to the place from which he was hired or to any place agreed upon by both parties, from which another employer had originally hired the worker, this last employer must bear the responsibility of the second employer in this regard.

CHAPTER 4 - END OF SERVICE COMPENSATION

Section 24:

1) In addition to any amount due to the worker at the end of his service, the employer must pay the worker an end of service compensation (reward) for the duration in accordance with this Act, after working for at least one year.

This compensation is calculated as follows:

2) After the first year of continuous service, the worker shall be entitled to a compensation of the fraction of the year thereafter in which he served.

3) If the employer terminated the worker from his job after 1 month of continuous service, under conditions other than those stated in section 20 above, and then reinstated the worker in his job within two months after terminating his employment, the employer must consider the worker's service as continuous and uninterrupted with regard to the application of the provisions of this Act. *

* This subsection was renumbered by Act No. 1 of 1963 (G1/1963)

4) The employer shall have the right to deduct from the end of service compensation of the worker any amount owed by the worker to the employer.

Section 25:

1) The provisions of section 24 above do not apply to any worker:

2) In the case of the worker's resignation and on the condition of notifying the employer in accordance with the provisions of section 18 of this Act, the worker's right to compensation is as follows:

* Amended by Act No. 1 of 1963 (G1/1963), and a new Item was added to first subsection by Act No. 12 of 1974. (G5/1974).

Section 26:

If the worker dies during his service period, regardless of the cause of death, the employer shall, within a period not to exceed 15 days from the date of death, deposit at the appropriate court any wages and other compensation due to the worker, in addition to the reward due to him based on his service duration in accordance with the provisions of section 24 of this Act.

The employer shall submit to the court a detailed report showing the calculation of all due amounts. He must also submit a copy of this report to the Minister of Labour.

The court shall distribute these amounts among the heirs of the worker in accordance with the Islamic Sharia, or in accordance with the Act on personal affairs applicable in the country of the dead worker. If a year is passed without locating any heirs to said worker, the amount must return to the employer who paid it.

Section 27:

The employer who provides a retirement system or any similar system which ensures a larger benefit to the worker than the reward he may receive for service duration, and which is due to him in accordance with section 24, is not obligated to pay this reward in addition to the benefits he provides in accordance with said system. If the net benefit due to the worker according to said system is less than the compensation due to him in accordance with the provision of section 24, the employer must pay the worker the end of service compensation, and return to the worker any amounts he may have deducted to pay into that system. The worker shall have the right to choose either the compensation of the end of service or the wage due to him in accordance with said system.

CHAPTER 5 - WAGES

Section 28:

Without violating the provisions of section 15, subsection 1, the employer and the worker cannot agree on a base wage less than the minimum wage level determined by a decree from the Amir. *

* Amended by Act No. 12 of 1974 (G5/1974).

Section 29:

1) Wages shall be paid in the official currency of Qatar. It may also be paid in any other currency in accordance with the Government financial system if this was agreed upon in writing between the employer and the worker.

2) Annually or monthly paid workers must be paid at least once a month. It may be deposited for the worker in his account at a bank, in accordance with a written agreement between both parties, or to a representative delegated to a worker in writing. If a worker is a minor, his wages may be paid to his legal guardian, or to his closest relative who is of legal age, provided that the said guardian or relative submits a written application to that effect to the employer.

Section 30:

When the employer ends the employment of the worker prior to the end of the work contract, or at the end of the contract duration, or when the worker submits a notice to the employer as stated in section 18, the employer shall pay the worker his wages and any other sums due to him, prior to the end of the next working day.

If, however, the worker left the job without submitting the legal notice referred to above, his wages and other benefits may be paid to him within seven days of his leaving his employment.

Section 31:

The employer shall pay the worker prior to his annual leave all due wages for work performed as of the day he takes said leave, plus the wages due for the leave in accordance with the provisions of section 47 of this Act.

Section 32:

The worker shall not be forced to buy food or goods from certain stores or from the product of the employer.

Section 33:

1) Except for amounts approved to be deducted by the Minister of Labour in accordance with section 72, no part of the worker's wages shall be deducted or withheld unless it is for the implementation of a court order or in accordance with an agreement with the worker.

2) In the case of withholding payments for the implementation of a court order, it must be for the payment of a legal debt with priority over other debts. The total amount withheld from the indebted worker shall not exceed 35% of his wages.

3) The employer shall not charge interest on any amount he loans to the worker. Also the employer shall not withhold more than 10% from the worker's wages for repayment of a loan given to the worker by the employer, unless a written agreement between both of them states otherwise. In any case the maximum amount withheld shall not exceed 35% of the worker's wages.

Section 34:

Amounts due to the worker for the end of service compensation or for compensation due to disability or death, or for wages during normal vacations or sick leaves based on the base wage plus a cost of living allowance, if any, shall be paid on the date said amounts are due. If the worker's wages are based on pieces produced, the base for calculating wages shall be the mean of the worker's wages, plus the cost of living allowance, if any, during three months prior to the date these amounts are due.

CHAPTER 6 - WORKING HOURS AND OVERTIME

Section 35:

1) Regular working hours shall not exceed 8 hours daily, 48 hours weekly, for workers of legal age. This excludes the month of Ramadan, when regular working hours shall not exceed six hours daily, 36 hours weekly. Shift rotation workers regular hours shall not exceed 8 hours daily or six hours during the month of Ramadan.

2) Travelling time between the worker's home and his work place shall not be counted as working hours.

Section 36:

1) When actual working hours exceed the regular working hours stated in section 35, subsection 1 above, the additional time shall be considered overtime work and the worker shall receive for those hours his regular pay plus an additional 25% at least for overtime.

2) Workers who work at night between the hours of 9 pm and 3 am shall receive the wages for regular hours plus at least 50% of said wages as overtime. This excludes shift workers.

3) Actual working hours shall not exceed ten hours daily, unless the situation requires more hours to prevent a huge loss or a dangerous accident from occurring, or to repair or reduce the effect of said accident if it occurred.

Section 37:

1) Friday shall be the weekend day of rest for all workers except rotation shift workers.

2) If the worker does not receive wages for the regular weekend day of rest and the situation required him to work that day he must be given another day to rest or paid regular hour wages plus at least 50% of said wages.

3) If the worker receives wages for the weekend rest day and the situation required him to work that day, he must be given another day to rest and be paid for said day of rest, or paid his regular hours wages plus at least 50% of the regular pay of said day.

4) A worker shall not be required to work two consecutive Fridays, except rotation shift workers.

Section 38:

If work conditions required the worker to work on official holidays as stated in the section 46 of this Act, and as far as his wages for said day are concerned, he must be paid the same as he would be paid for his rest day when he works that day as stated in section 37.

Section 39:

Working hours must include 1 or more rest periods for lunch or prayer, so that a worker does not work more than 5 continuous hours without rest except for the month of Ramadan. The rest period or periods shall not be counted as part of the working hours.

Section 40:

1) The provisions of this chapter do not apply to professionals such as physicians, engineers, or those in high administrative and supervisory positions.

2) The provisions of this chapter, except regarding the provision dealing with overtime pay, do not apply to the following:

CHAPTER 7 - WORK OF YOUNG PERSONS

Section 41:

Young persons shall not be hired to work without the permission of their fathers or guardians, and the issuance of a special permission for them to work by the Minister of Labour and Social Affairs, after the approval of the Minister of Labour and Social Affairs.

If the young person is a Qatari student, he must obtain the approval of the Minister of Education.

Section 42:

1) No young person may be hired to work without first having a medical examination by a licensed physician, who will certify that the young person is physically capable of working.

2) Medical examination for working young persons must be repeated at least once a year.

Section 43:

Young persons must not be allowed to work between sunset and sunrise, or during weekend rest days, official holidays or overtime.

Section 44:

1) Working hours for young persons shall not exceed six hours daily, thirty six hours weekly except for the month of Ramadan where the regular working hours for young persons shall not exceed 4 hours daily, 20 hours weekly.

2) Travelling time between the young person's home and workplace shall not be counted as working hours.

3) Working hours must include rest periods for lunch and prayers. A young person shall not work for more than 3 continuous hours without a rest. Rest periods during the working hours shall not be counted as part of the working hours.

4) A young person must not be kept at the work place for more than 9 continuous hours.

Section 45:

A employer who employs one or more young persons must:

1) Submit to the Minister of Labour a list of the young persons' names, work and date of employment.

2) Post in clear locations in every part of the work place a schedule for the young persons' working hours and rest periods.

Section 45 (repeated):

The Minister of Labour and Social Affairs shall determine the work in which young persons are permitted to perform, and if the work by its nature or environment may be a health hazard to the young person, or may negatively affect the young persons behaviour or conduct. *

* Added by Act No.1 of 1978. (G5/1978)

CHAPTER 8 - REGULAR HOLIDAYS AND SICK LEAVE

Section 46:

1) The following are the official holidays which must be paid to the workers:

2) In addition to the above mentioned holidays, three days with full pay shall be granted to workers. These day are determined by the Government or the employer who may decide these three days for all of his workers. *

* Amended by Act No. 12 of 1974. (G5/1974).

Section 47:

Every worker who spent 1 continuous year in the service of the employer shall be entitled to a regular annual fully paid leave as stated in section 34.

Said paid leave must not be less than the following:

1) Two weeks for every worker with less than five continuous years of employment.

2) Four weeks for every worker with five or more years of continuous employment.

Working time of the worker prior to the application of this Act shall be considered part of the employment of the worker.

Section 48:

The employer may determine the timing of the paid leave as the work situation requires. The worker may not divide his leave into more than 2 periods.

Section 49:

A worker who has the right to be sent back to where he was hired from (with paid travel expense) as stated in section 23 of this Act, and with the approval of the employer, may accumulate his annual leave time in accordance with the provisions of section 47.

Section 50:

1) A worker who spent 6 continuous months of employment shall have the right to a paid sick leave, provided that his sickness is certified by a licensed physician approved by the employer, within the following limits:

Two weeks with full pay as stated in section 34, then Four weeks with half pay.

2) After that, the worker may have a sick leave without pay until he is able to return to his work and perform his duties properly, or resigns his employment, or his employment is terminated for health reasons in accordance with subsection 3 below.

3) A worker's employment may be terminated at the end of the 14th week of sick leave, if it was evident by a licensed physician report, approved by the employer, that the worker is unable to continue his work at that time.

4) If a worker resigned his employment because of illness with the consent of a licensed physician approved by the employer, and this occurred prior to the end of the six weeks, the worker shall be entitled to sick leave with pay in accordance with the provision of this section, and the remaining part of the pay due to him shall be paid. This provision also applies if the worker dies because of the illness, prior to the end of said six weeks.

5) Nothing in this section shall violate the right of the worker for any end of service compensation. Also the absence of the worker because of illness (sick leave) for the duration of 12 weeks shall not be considered an interruption of his continuous service.

6) In the application of the provision of this section, the calculation of the worker's service period shall include time spent on the job prior to the application of this Act, including this day.

Section 51:

a) A Moslem worker shall have the right to an unpaid leave of four weeks to perform pilgrimage.

b) The employer shall determine the number of workers who will be granted this leave annually based on the requirements of the business, keeping in mind that priority must be given to seniority on the job (duration of employment), as the work situation permits.

Section 52:

A employer cannot terminate the employment of a worker or announce his termination while a worker is on an annual leave. Also, a worker cannot leave his employment while he is on his annual leave unless he declared his intention to do so prior to taking the leave.

CHAPTER 9 - SAFETY, HEALTH AND WELFARE OF WORKERS

Section 53:

1) The employer or his representative must explain to the workers the hazards of the job and the protection methods available.

2) The employer shall post in clear locations detailed instructions regarding the prevention of fires and the protection of workers from any hazards they may face while performing their duties.

Section 54:

The employer shall take all possible precautions to protect his workers while doing their jobs from any injury or illness which may be caused by the hazard of the job, and from any accident or malfunction of machinery and equipment, and from fire.

Section 55:

Employers who employ 50 or more workers must provide a first aid box for every 50 workers, equipped with medicine, bandages and disinfectants which may be needed during an accident or an injury to a worker.

Each box must be kept within easy reach of all workers. One expert worker shall be assigned the duties of applying first aid when needed.

Section 56:

1) A worker shall not do or refuse to do any activity to prevent the instructions regarding safety and health of the employer from being implemented, or in order to damage or stop equipment or a machine provided for that purpose or for the purpose of production in general.

2) The worker shall use protective gear, equipment and clothing provided by the employer for that purpose, and he must adhere to all the instructions of the employer which are for the purposes of protection from injury and illness.

Section 57:

1) A employer who employs workers in locations away from cities without the availability of normal or public transportation shall provide his workers with the following:

2) The Labour Minister shall determine the areas upon which the provisions of subsection one of this section apply. *

* (1) The Ministerial Decree No. 2 of 1978 was issued determining the remote areas and places referred to in the Labour Law. It was published in the Official Gazette No. 6 of 1978.

Section 58:

1) The employer shall take the appropriate measures to provide cleaning and ventilation in the work place. He shall also provide appropriate lightning, water, sewer facilities, potable water, and bathroom and cleaning facilities. All shall be in accordance with the instructions and directions of the department of health and the municipality.

2) The Minister of Labour may grant the employers adequate time to comply with the provision of this section.

CHAPTER 10 - COMPENSATION FOR DISABILITY AND DEATH

Section 59:

1) A worker who is injured or becomes ill with any of the work illnesses listed in Schedule No.2, which is attached to this Act, shall have the right to receive medical treatment or surgery if needed, or any other method of medical treatment without cost to him, all based on the instruction of a licensed physician approved by the employer. The worker also has the right to receive transportation expenses needed for the treatment.

2) A worker shall also have the right to receive his wages in full in accordance with the provisions of section 34, which is to be provided for the entire duration of treatment or for six month, whichever is shorter. If the treatment exceeds six months, the worker shall receive half of his wages until he recovers, or until his death, if his disability proves to be permanent, whichever comes first.

Section 60:

1) The employer shall pay disability compensation for any worker in his employ who was afflicted by a partial or a complete disability due to his job.

The employer shall also pay compensation for the death of the worker, if the death was caused by the job.

2) The amount of compensation due for payment to the worker is calculated in accordance with Schedule No.1 , attached to this Act. As for complete disability, when the worker becomes completely unable to work, the amount of compensation shall equal the amount paid for death of the worker.

3) If the worker is a Moslem, the amount of compensation shall be calculated in accordance with the provisions of the Islamic Sharia. *

* The Ministerial degree no. 2 of 1978 was issued determining the remote areas and places referred to in the Labour Law. It was published in the official Gazette no. 6 of 1978.

Section 61:

The provisions of sections 59 and 60 shall not apply if the an investigation by authorities proves the following:

1) The worker had purposely injured himself or committed suicide to receive sick leave or compensation;

2) If the worker was under the influence of drugs or intoxicated at the time of injury or death;

3) If the worker purposely violated the instructions of the employer regarding health and safety, or if he grossly neglected the implementation of these instructions;

4) If, without a valid reason, the worker refused medical examination or refused to follow the treatment prescribed to him by a licensed physician approved by the owner of the business, or by the medical committee formed by the chief physician in accordance of section 63.

Section 62:

If a worker died or was afflicted by a serious injury or illness due to his service or while performing his job, the employer shall report the matter in detail to the police and to the Labour Ministry.

Section 63:

If a dispute arises regarding the ability of the worker to return to his job or because of any other medical question regarding the injury or illness or current or future treatment, the matter shall be referred to the Government Chief Physician through the Labour Minister. Anytime such a matter is referred to the chief physician, he shall form a joint medical committee to include one or more government physicians and one or more licensed physicians approved by the owner of the business. The committee's decision regarding the matters for which it was formed shall be considered binding. It shall submit its report to the Minister of Labour.

Section 64:

The right to ask for compensation because of injury or death shall be considered forfeited after one year from the date of the accident which caused the disability or two years from the date of the final medical report which includes the proof that the disability was due to one of the occupational illnesses listed in Schedule 2 attached to this Act, or three years from the date of death.

Section 65:

1) The employer shall pay the due compensation because of disability to the worker within fifteen days from the date of the establishment of disability, or from the date of declaring the results by the appropriate authorities, as stated in section 61 of this Act.

2) The employer shall deposit the amount of compensation for death, which is due to the worker at the appropriate court within 15 days of the date of death or from the date of declaring the results of the investigations by the proper authorities referred to in section 61 of this Act. He shall submit to the court a detailed report about the method of calculating the compensation, a copy of which shall also be submitted to the Minister of Labour. The court shall distribute the compensation to the heirs of the worker in accordance with the Islamic Sharia or the applicable personal laws in the country of the worker.

If a year has passed without finding a legitimate heir or heirs to the worker, the amount of compensation must be returned to the employer.

CHAPTER 11 - JOINT COMMITTEES, DISPUTES AND PROCEEDINGS

Section 66:

1) In any establishments, consulting committees may be formed comprised of representatives of the employer and the workers in order to develop the cooperation between both sides.

The committees may look into and suggest ideas regarding matters related to both parties, which shall include:

2) The committees referred to in the previous subsection shall be formed after the approval of the Minister of Labour and Social Affairs or his representative, based on the application of the workers or the employer. The employer shall inform the Minister of Labour and Social Affairs of any change which may occur in the forming of said committees.

The Minister may delegate one of his employees to attend the meetings of the committee as an observer. *

* Amended by Act No. 12 of 1974. ( G5/1974).

Section 67:

1) A committee shall be formed to settle any dispute between the employer and workers, which shall be referred to it (the committee) in accordance with the provisions of section 68 of this Act.

2) The arbitration committee shall include:

Section 68:

If a dispute arises between the employer and some or all of his workers, both sides must negotiate to settle the dispute amicably.

If they fail in their effort to settle the dispute, they shall follow the following steps:

1) The workers shall submit their complaint or demands in writing to the employer, and a copy of the complaint or the demands shall be sent to the Labour Minister.

2) The employer shall answer, in writing, the complaint or demands of the worker within six days of receiving it. A copy of his report shall be sent to the Labour Ministry.

3) If no response was given by the employer, the Labour Minister shall attempt to settle the dispute through his own mediation.

4) If the efforts of the Labour Minister fail to settle the dispute within six days from the date of the employer's response, he shall refer the dispute to the arbitration committee.

5) The committee may seek the advice of a specialist or an expert prior to issuing its decision, which must be issued within six days of receiving the case.

Its decision shall be binding on both parties if both parties had agreed in writing prior to the committee's meeting to consider the dispute. If no agreement between both parties have been submitted, then the committee's decision shall be considered only as a recommendation to settle the dispute.

CHAPTER 12 - LABOUR STRIKE AND WORK STOPPAGE

Section 69:

a) A worker cannot strike before allowing the arbitration committee to look into the dispute between the workers and the employer, or during the time the committee is deliberating said dispute in accordance with the provisions of section 68.

b) A employer cannot lock the workers out of his business or stop the work or refuse to continue the employment of the worker because of a dispute which is at that time before the arbitration committee, for determination in accordance with section 68.

Section 70:

1) Striking workers shall not attack or cause any harm to the employer or to anyone who may represent him or to other workers who wish to continue with their work. Under no circumstances are the striking workers allowed to seize any property which is not theirs .

2) Striking workers shall not enter any location or site in the work place except for the purposes of working.

Section 71:

A worker shall not leave his job if he works for the water, electric, gas, health, fire fighting, cooling and ventilating or transportation departments, whether wireless or with cable, except by a legal declaration as stated in section 18, nor shall he strike knowing that his strike will have a probable negative effect on public health or that such a strike will cause hardship to any group of people because of the loss of vital services, or if the strike causes great losses or damages to public or private properties. *

* Amended by Act No.1 1963. (G1/1963).

CHAPTER 13 - PENALTIES, INSPECTION AND IMPLEMENTATION

Section 72:

1) An employer shall not fine or impose a penalty against a worker, unless the employer has posted in a clear location at the work place a list of penalties and fines approved by the Labour Minister.

4) No fine shall be deducted from the wages of the worker within a month which equals more than his wages for five days.

5) No penalty shall be imposed on a worker for any violation after 15 days have passed since its occurrence.

Section 73:

A employer who employs ten or more workers must:

1) Keep a register for each worker containing his name, job, wage, date of employment, nationality and residence, marital status, academic and practical qualifications, annual leave and sick leaves he has taken and any penalties which may have been imposed on him. *

* Amended by Act No. 12 of 1974. (G5/1974).

2) Post in a clear place a list showing the hours of work and rest periods.

3) For workers whose employment has been terminated, the employer must keep a record of the date of their discharge and the reasons.

Section 74:

1) Employees who are licensed by a decree from the Minister of Labour and Social Affairs to supervise the implementation of this Act shall have the right to enter a workplace and inspect the records, books, regulations and the instructions stated in this Act, all in accordance with the Ministry's directives. These employees shall have the function of legal supervision officers with regard to the implementation of the provisions, regulations, and executive decisions of this Act. *

* (2) Amended by Act No. 12 of 1974. (G5/1974).

(2) These inspectors must carry identification cards showing their positions.

(3) The Labour Minister shall by his own decision regulate the methods of proper inspection in accordance with the provisions of section one of this section.

(4) The employers and their agents or representative shall assist in making the inspector's job easy and provide them with the correct information they need to do their job.

Section 75:

Without violating any other penalties which may be imposed by other laws, anyone violating the provision of this Act shall be find an amount not to exceed two thousand Rupees.

Section 76:

All appropriate authorities, each within its own jurisdiction, shall implement this Act, and the necessary decisions and orders for its implementation shall be issued by the Labour Minister. *

* Amended by Act no. 6 of 1962. (G3/1962), Then by Act No. 1 of 1963 (G1/1963).

Governor of Qatar

Issued on Thirteen Shawal, 1381 Hijri

19 March 1962

 

 

Schedule 1 - Estimation of Compensation for Death and Disability

Base monthly Wage; Plus cost of living allowance, if any

Death Compensation

Up to 400 Riyals per month 13,000 Riyals

13,000 Riyals

From 401 to 700 Riyals per month 16,000 Riyals

16,000 Riyals

From 701 to 1000 Riyals per month 20,000 Riyals

20,000 Riyals

Over 1000 Riyals per month 27,000 Riyals

27,000 Riyals

 

Degree of Disability Type of permanent disability Percentage  
TOTAL    
1 Loss of both arms from the shoulder or loss of two or more members of the body 100
2 Total loss of sight or loss of eyes

100

3 Total paralysis

100

4 Insanity or total mind disorder

100

5 Injuries or wounds in the head or brain which cause continuous headache

100

6 Total defacement

100

7 Wounds and injuries in the chest and inner organs of the body which cause permanent and complete damage to said organs, so that they do not function

100

PARTIEL    
8 Loss of legs from the top

90

9 Loss of arms from the elbow or above

85

10 Significant defacement of the face

80

11 Total loss of both hands from the elbows

70

12 Total loss of the right arm from the shoulder or from the elbow

70

13 Loss of both legs completely from the knee or above

70

14 Total loss of the left arm from the shoulder or above the elbow

60

15 Loss of a leg from the knee of above

60

16 Loss of the right arm from the elbows or below

60

17 Loss of a leg from the top

60

18 Loss of both legs from below the knee

60

19 Loss of all the right hand fingers, including the thumb

60

20 Loss of the left arm from above or below the elbow

50

21 Loss of the left hand fingers including the thumb

50

22 Loss of 1 leg below the knee

50

23 Complete and permanent loss of hearing

50

24 Loss of tongue or permanent dumbness

45

25 Total loss of both feet from the heel or below

45

26 Loss of the sex organ

45

27 Loss of sight in one eye

45

28 Loss of the right hand from the wrist

38

29 Loss of the thumb or four fingers of the right hand

35

30 Loss of the left hand from the wrist

34

31 Loss of the thumb or four fingers of the left hand

25

32 Loss of a foot from the heel of below

20

33 Loss of all the toes in one foot including the big toe

20

34 Loss of three fingers in the right hand excluding the thumb

15

35 Loss of the index finger of the right hand

15

36 Loss of the last digital bone of the right hand thumb

10

37 Loss of the index finger of the left hand

10

38 Loss of three fingers of the left hand excluding the thumb

10

39 Loss of all the toes of a foot except the big toe

10

40 Loss of a foot big toe

10

41 Loss of the last digital bone of the left foot

6

42 Loss of the middle finger of the right hand

6

43 Loss of the middle finger of the left hand

6

44 Loss of the ring finger of the right hand

6

45 Loss of the ring finger of the left hand

6

46 Loss of the little finger of the right hand

6

47 Loss of one finger of the left hand

6

48 Loss of the last digital bone of any finger except the thumb

5

49 Loss of the second digital finger of the right hand index finger

5

50 Loss of any toe of the foot except the big toe

5

51 Loss of a molar tooth

3

52 Loss of a canine tooth

2

1) The total disability of any members of the body or part of the body which is equal to the total loss of that member or that part of the body

2) If the disabled worker is left-handed, all compensation stated above for the left hand shall be considered as if it is the right hand.

3) In case of an unnatural deformation, impairment or change of any member of the body or part of the body, or to any of the senses which are not stated in this schedule, the degree of disability in case of a dispute shall be determined by the joint medical committee, which shall be asked to convene for this purpose in accordance with the provision of section 63, and which shall consider as its precedent the closest case in similarity to this case which is stated in this schedule.

SCHEDULE 2 - ILLNESS CAUSED BY THE JOB

1) Poison by lead and derivatives

Any work which requires handling lead or its derivatives or products which contain lead.

2) Poison by mercury and derivatives

Any work which requires handling mercury or its derivatives or products which contain mercury, or any work which requires exposure to mercury dust or gasses or contain mercury.

3) Poison by arsenic and derivatives

Any work which requires handling arsenic or its derivatives or products which contain arsenic, or any work which requires exposure to arsenic dust or gasses or contain arsenic.

4) Poison by antimony and derivatives

Any work which requires handling antimony or its derivatives or products which contain antimony, or any work which requires exposure to antimony dust or gasses or contain antimony.

5) Poison by phosphorus and its derivatives

Any work which requires handling phosphorus or its derivatives or products which contain phosphorus, or any work which requires exposure to phosphorus dust or gasses or contain phosphorus.

6) Poison by petroleum and its various products, derivatives and compounds

Any work which requires the use of this products or requires the exposure to its dust or gasses.

7) Poison by manganese and its derivatives

Any work which requires handling manganese or its derivatives or products which contain manganese, or any work which requires exposure to manganese dust or gasses or contain manganese.

8) Poison by sulphur and its derivatives

Any work which requires handling sulphur or its derivatives or products which contain sulphur, or any work which requires exposure to sulphur dust or gasses or contain sulphur.

9) Poison by petroleum gasses, derivatives or compounds

Any work which requires the use of petroleum or its gasses or derivatives, also any work which requires the exposure to these products and its dry, liquid or gas condition.

10) Poison by an anaesthetic or carbon nitro chloride

Any work which requires using these products or the exposure to its gasses or to gasses which may contain these products.

11) Illnesses due to radium or X-rays

Any work which requires exposure to the effect of radium or X-rays

12) Incurable skin illnesses, and burning of the skin and the eye

Any work which requires the use or transportation of tar, cement, carbonic tar, metallic oil, kerosene, flour or similar dust, compounds, products or residue of these products.

13) Effect on the eye because of heat, light and other effects

Any work which requires frequent or continuous exposure to light reflection, heat, or rays due to melted glass or other hot metals or melted metals, or exposure to very strong light and very high heat which could cause harm to the eye or sight.

14) Illnesses caused by:

Any work which requires exposure to newly spread salicin dust or products that contain salicin with a percentage of more than 5%, such as work in mines, extraction of stones, rock pressing and breaking, or working in a rock cement plant or in a sanding of metal work or any similar work which causes exposure to these elements.

Also any work which requires exposure to asbestos dust or to cotton dust to a degree which may cause such illnesses.

15) Anthrax

Any work which requires working closely with animals infected by anthrax or infected by swelling.

16) Dropsical illness

Working with animals infected by this illness

17) Tuberculosis

Work in hospitals which requires providing treatment for patients infected with tuberculosis.

18) Typhoid Fever

Work in hospitals specialized in the treatment of this disease.

Sections of the Labour Act prior to being amended

Section 2:

Item 1: Its wording prior to adopting this Act was:

1) Employer is any person or entity who signs a contract with a worker of workers in return for a set wage.

Item 4: Was worded as follows:

4) A young person is any person above the age of 12 and below the age of 17 years.

Section 5:

Was worded as follows:

Children below the age 12 years shall not be hired regardless the type of work.

Section 6:

Was worded as follows:

Without violating the provisions of section 12, the provisions of this Act do not apply to the following groups:

1) Government employees regardless of the kind of work they do or the groups they may belong to.

2) Police and public safety officers.

3) Workers employed in temporary jobs for periods of less than four weeks.

4) The employer's family members who live with him and who depend on him completely for their living.

5) Domestic employees in private homes such as drivers, governesses, cooks, gardeners and the like.

This section was subsequently amended by Act No.1 of 1963 by adding a sixth item as follows:

6) Owners of small businesses which are not run by mechanical machines and usually employ less than 6 workers.

Then it was finally amended by Act No. 18 of 1963.

Section 12:

It was worded as follows:

1) Employers shall not employ non-citizens or non-Arabs without first making sure that no citizens or other Arabs registered at the employment offices are unemployed and are capable of doing the same work.

2) Non-citizens cannot be employed unless they have a work permit from the Ministry of Labour. This permit is issued in consultation with the Immigration Ministry.

The provisions of this section apply to the groups referred to in subsections 3, 4, and 5 of section 6.

The last section was then amended by Act No. 18 of 1963 and its text read as follows:

"The provision of this section applies to the groups referred to in subsections 3, 4, 5, and 6 of section 6".

It was finally amended by Act No. 12 of 1987.

Section 13:

Was worded as follows:

1) A work permit is awarded to a non-citizen in accordance with the system used by the Ministry of Labour and under the following conditions:

2) The validity of the work permit is two years when it is first issued. It may be renewed within the limitation of the residency permit.

It was then amended by Act No.5 of 1964 to read as follows:

1) A work permit for a non-citizen will be issued in accordance with the system determined by the Ministry of Labour and Social Affairs under the following conditions:

2) The validity of the work permit is two years when it is first issued. It may be renewed within the limitation of the residency permit.

3) Fees for the work permit, its renewals or exemptions are determined by the deputy governor.

Subsection c was then replaced by Act No. 12 of 1987.

Section 14:

The wording of item 2 read as follows:

2) If the worker was without work for a period of more than four consecutive weeks.

Section 15:

Item 3, prior to its amendment, read as follows:

3) A work permit shall also include a training period to be agreed upon, and the work period may change depending upon the age of the worker or the requirements of the job or the profession in which he is employed.

Section 17:

Subsection (d), prior to its amendment, read as follows:

d) If a foreign worker stopped working prior to the end of his contract duration, and his wages exceeded three hundred Riyal monthly, he shall not be permitted to join another job during the remainder of the period of his contract or for two years from the date of stopping the work, whichever is shorter. Another employer shall not employ this worker during that period of time, except by a written permission from the original employer.

Section 18:

Subsection 3 which was added by Act No. 20 of 1966 read as follows:

3) If the foreign worker informed the employer that he wishes to cancel a work contract which is without time limit, but he stopped working prior to that notice as stated in the previous two sections, or if he stopped working without notice, he shall not be permitted to join another job for a period of six months from the stopping of the work. No other employer may hire him if he knew that he quit prior to that duration except with written permission from the previous employer.

It was subsequently amended by Act No.4 of 1967 to read as follows:

" 3) If a foreign worker informed the employer that he wishes to cancel a work contract which is without time limit, but he stopped working prior to that notice as stated in the previous two sections or after it, or if he stopped working without notice, he shall not be permitted to join another job for a period of six months from stopping the work. No other employer may hire him if he knew that he quit prior to that duration except with written permission from the previous employer.

It was finally amended by Act No.2 of 1981.

Section 24:

Subsection c, which was repealed by Act No.1 of 1963, read as follows:

c) In the application of the provision of this section, the previous continuous service of the worker, prior to the application of this Act, must be added to the worker's service.

Accordingly, the numbering of the rest of subsections in this section was changed so that subsection d is c and subsection e is d.

Section 25:

Prior its amendment it read as follows:

The provisions of section 24 do not apply to any worker:

1) Who had lost his right to a reward in accordance to the provision of section 20 of this Act.

2) Who had left the service, in the cases stated in section 21, without notifying the employer as stated in section 18 of this Act.

Section 38:

Prior to amending it read as follows:

Without violating the provisions of section 15, subsection 1, the employer and the worker cannot agree on a base wage for the worker which is less than the minimum determined by his excellency the Governor.

Section 41:

Prior to amending it read as follows:

Young persons shall not be permitted to work without a special permission issued by the Minister of Labour after the approval of the Minister of Education.

Section 46:

Prior to amendment it read as follows:

1) A worker shall be granted with full pay the following official holidays:

2) In addition to the above-mentioned holidays, 3 days with full pay must be given to the worker. These three days will be determined by the Government, or the employer may determine these three days for all of his workers.

Section 47:

The text of the final subsection of this section, prior to its repeal by Act No. 1 of 1963, read as follows:

In the application of the provisions of this section, the previous continuous service of the worker must be considered until the day of the application of this Act, including that day, and must be added to his service duration.

Section 60:

Prior to its amendment it read as follows:

1) The employer must pay disability compensation to every worker in his employment who was afflicted by a permanent or a partial disability due to his work. The employer shall also pay death compensation if a worker dies because of his job.

2) The amount of due compensation shall be calculated in accordance with Schedule No. 1, attached to this Act. As for a total disability, which makes a worker unable to earn his living, the amount of compensation shall equal to the amount of compensation for death.

Section 66:

Subsection 2 of this section read as follows prior to it amendment:

2) An employer, when forming one or more consulting committees as referred to in the previous subsections, shall inform the Minister of Labour in writing about the formation of this committee(s).

Section 71:

Prior to amending it read as follows:

A worker who works for the establishment of water, electricity, gas, health services, fire fighting, or cooling works , shall not leave his service without the official notification as stated in section 18, nor shall he strike knowing that the result of his strike or leaving the job will cause hazard to public health or to the life of any group who depends on his service, or if his strike causes a great loss to private or public property.

Section 73:

Subsection (a) of this section prior to its amendment read as follows:

Every employer who employs ten or more workers shall:

a) Keep a record for every worker to include his name, work, nationality, residence, marital status, date of beginning service and annual and sick leaves he had received. It must also include a record of a workers' wages and the penalties imposed, except for high-ranking employees.

Section 74:

Subsection 1 of this section, prior to its amendment read as follows:

1) Licensed employees shall have the right to inspect in accordance with the permission of the Minister of Labour in order to insure the application of the provisions of this Act, and they shall be permitted to enter business places to inspect the registers, books, schedules and instructions stated in this Act, all in accordance with instructions of the Minister of Labour, and after notifying the employer in advance.



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