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Saturday, 10 May 2014

LEGAL ISSUE: Dont End your End-Of-Service (EOS in Qatar)

http://www.justhere.qa/2013/10/10-things-know-employed-qatar/
I’ve been here in Qatar for the past 3 years. Sky Oryx Joint Venture hired me (thru Taisei Corporation) from Dubai and assigned me here to work as Quantity Surveyor for the Hamad International Airport Project (formerly New Doha International Airport), and after a year and a half, I got married to the wonderful man in the world. =)

Out of so much luck (may be I’m his living lucky charm), he was “pirated” by one of the biggest Consultants in the Middle East, KEO. “Pirated”in such a way that he didn’t apply for the position. According to them, they saw his CV at the Gulftalent, xempre opportunity likes this knocks only once, so grab na ng lolo nyo. Not only the company is stable, their offer is 3x fold than wht he is getting from his previous company.

Anyway, there is no story behind all these things, since it’s all about legal issues here in Qatar. When he transferred to KEO, people around are keep on telling the same thing – “Magpahusband visa ka na, para mas malaki ang offer sayo kapag lumipat ka. Tapos pag ayaw mo na sa company mo, hindi ka hawak sa leeg ng company mo, anytime pwede kang lumipat ng ibang company.” And it’s been a year. Upto now, I am still using my company sponsorship. Wanna know why? Husband / family sponsorship doesn’t have end-of-service.

Qatar Law No.(14) of 2004 (Labour Law) governs the terms of employment for the  majority of individuals working in Qatar and establishes their minimum rights and  obligations. These rights include an employee’s entitlement to be paid a sum of money  by their employer on the termination of their employment locally referred to as an “end  of service benefit or gratuity” (EOS). There may be various other termination payments,  such as accrued but untaken holiday, payable to employees when their employment  terminates however, these are beyond the scope of this article.

Who is excluded from the Labour Law? 
The Labour Law (Article 3) excludes individuals employed by the following employers from its provisions and regulation:
  1. Ministries and other governmental organisations, public institutions, corporations and companies which are established by Qatar Petroleum (QP) by itself or with others and individuals whose employment is regulated by special laws. 
  2. The Qatar armed forces, the police and individuals employed at sea.In addition the Labour
  3. Law excludes individuals working in the following roles from its provisions and regulation:
  • Casual workers
  • Domestic workers, eg. drivers, nurses, cooks, gardeners, etc.
  • Family members and dependents of individuals working in Qatar.
  • Agricultural workers, including, individuals involved in grazing, product processing
  • and marketing, equipment operators and those individuals who repair agricultural
  • equipment.
The provisions of the Labour Law, or any part thereof, may be applied to the employment of the individuals set out in the last four bullet points above subject to a resolution of the Council of Ministers upon the recommendation of the Minister.

Where individuals are excluded from the provisions of the Labour Law, their employment is subject to alternative legal and regulatory provisions, eg. Law No (8) of 2009, Human Resources Law, governs the rights of Ministries and other Governmental organizations and the QFC Employment Regulations govern the employment of the employees of Qatar Financial Centre Authority licence holders.

For the purposes of this article we have not considered any employment termination payments.

Gulftimes

Clearly stated, It is a form of gratitude provided to the employees in monetary terms for the services rendered by them to the organization and is an important form of social security benefit. Gratuity payment liability of the employer tends to increase with a increase in the salary and tenure of employment. Sayang kung hindi ko maavail ang “freebie” ng company.  After all, our company is providing an NOC to those who are leaving, let's be thankful with that... :)