Qatar Labour Law: What You Need to Know in 2023

Qatar Labour Law: Important Things To Know (2023)

Qatar is a country that attracts many expatriate workers from different parts of the world, thanks to its booming economy, rich culture, and modern lifestyle. However, working in Qatar also comes with certain rules and regulations that every worker and employer should be aware of and comply with.

The Qatar Labour Law is the main legal framework that governs the employment relationship in Qatar, covering aspects such as contracts, wages, working hours, leave, termination, dispute resolution, and more. The Qatar Labour Law applies to all workers and employers in the private sector, except for those who are subject to special laws such as domestic workers, agricultural workers, and seafarers.

In 2015, Qatar introduced Law No. 21 of 2015, which amended some provisions of the Qatar Labour Law regarding the entry, exit, and residency of expatriate workers. The new law aimed to improve the rights and protection of expatriate workers and facilitate their mobility and flexibility.

In this article, we will highlight some of the important things that you need to know about the Qatar Labour Law in 2023, especially if you are planning to work or hire workers in Qatar.

Employment contract

All workers must be provided with a written employment contract that specifies the terms and conditions of their employment, such as their job title, duties, salary, benefits, duration, probation period, notice period, etc. The employment contract must be in Arabic or bilingual (Arabic and another language), and must be signed by both parties.

The employment contract must also be approved by the Ministry of Administrative Development, Labour and Social Affairs (MADLSA) and registered with the Ministry of Interior (MOI). The employer must provide a copy of the approved contract to the worker before they start working.

The employment contract can be for a fixed term or an indefinite term. A fixed-term contract cannot exceed five years and can be renewed by mutual consent. An indefinite-term contract can be terminated by either party with a notice period of one month for workers who are paid monthly or two weeks for workers who are paid on an hourly or daily basis.

Working hours and overtime

The normal working hours in Qatar are eight hours per day or 48 hours per week. However, these hours may vary depending on the nature of work or by agreement between the parties. The working hours may also be reduced during Ramadan or other occasions by a decision of MADLSA.

Workers are entitled to at least one day of rest per week, which is usually Friday for all workers. Workers are also entitled to overtime pay for any work done beyond their normal working hours. The overtime pay rate is at least 25% more than their normal wage for daytime work and at least 50% more than their normal wage for night-time work (between 9 pm and 6 am).

Workers are not allowed to work more than ten hours per day or 60 hours per week, unless there is an emergency situation that requires extra work to prevent a serious loss or damage. In such cases, the employer must notify MADLSA within three days of the occurrence of the emergency.

Leave

Workers are entitled to various types of leave under the Qatar Labour Law, such as annual leave, sick leave, maternity leave, paternity leave, hajj leave, and emergency leave.

Annual leave: Workers are entitled to at least three weeks of paid annual leave after completing one year of service with their employer. The annual leave increases to four weeks after completing five years of service. The annual leave must be taken within the year it is due or carried over to the next year with the employer's consent. The employer has the right to determine the timing of the annual leave according to the work requirements.

Sick leave: Workers are entitled to paid sick leave after completing three months of service with their employer. The sick leave is granted based on a medical certificate issued by a competent authority. The sick leave is paid as follows:

• Full pay for the first two weeks;
• Half pay for the next four weeks; and
• No pay for any additional period.

The employer has the right to terminate the employment contract if the worker exhausts their sick leave entitlement or if they are unable to resume work due to a permanent disability.

Maternity leave: Female workers are entitled to 50 days of paid maternity leave after completing one year of service with their employer. The maternity leave includes the period before and after delivery, provided that at least 35 days are taken after delivery. If the delivery occurs before completing 35 days of maternity leave, the remaining period is added to the post-delivery period.

Female workers are also entitled to a nursing break of one hour per day during working hours for one year after delivery. The nursing break can be taken at any time during working hours according to the worker's preference.

Paternity leave: Male workers are entitled to three days of paid paternity leave after completing one year of service with their employer. The paternity leave must be taken within two weeks from the date of delivery of their child.

Hajj leave: Muslim workers are entitled to once-in-a-lifetime paid hajj leave of up to two weeks after completing one year of service with their employer. The hajj leave is granted to a limited number of workers each year according to their seniority and work needs.

Emergency leave: Workers are entitled to three days of paid emergency leave per year in case of death or serious illness of their spouse, children, parents, or siblings. The emergency leave must be taken within seven days from the date of occurrence of such event.

Termination

The employment contract can be terminated by either party with a notice period as mentioned above, or by mutual consent, or by expiry of its term. The employment contract can also be terminated by either party without notice in certain cases, such as:

• If the other party commits a breach of contract or violates any law or regulation;
• If the worker commits a serious misconduct or dishonesty;
• If the worker is absent from work without a valid reason for more than seven consecutive days or 15 non-consecutive days per year;
• If the worker fails to perform their duties or meet their obligations despite receiving a written warning;
• If the worker discloses any confidential information or trade secrets of their employer;
• If the worker is found guilty of a crime involving moral turpitude or dishonesty;
• If the employer fails to pay the worker's wages for more than two months; or
• If there is a force majeure event that prevents the continuation of work for more than four months.

In case of termination without notice, the party who terminates the contract must notify MADLSA within seven days from the date of termination and provide the reasons for termination. End-of-service benefits Workers are entitled to end-of-service benefits after completing one year of service with their employer. The end-of-service benefits are calculated based on the last basic salary of the worker and the duration of service as follows:

• Three weeks' salary for each year of service for fixed-term contracts; or
• Three weeks' salary for each year of service for indefinite-term contracts if terminated by employer; or
• Two weeks' salary for each year of service for indefinite-term contracts if terminated by worker.

The end-of-service benefits cannot exceed two years' salary in total. The end-of-service benefits are paid in full if the worker completes five years or more of service with their employer. If the worker completes less than five years of service with their employer, they receive half of their end-of-service benefits if they resign or full end-of-service benefits if they are dismissed.

Dispute resolution If there is any dispute between a worker and an employer regarding any matter related to their employment relationship, they should try to resolve it amicably through direct negotiation or mediation. If they fail to reach an agreement, they can refer the dispute to MADLSA, which will try to settle it through conciliation or arbitration. If they still fail to reach an agreement, they can file a lawsuit before the competent court within one year from the date of occurrence of such dispute.

Conclusion

The Qatar Labour Law provides a comprehensive set of rules and regulations that governs the rights and obligations of workers and employers in Qatar. The Qatar Labour Law also reflects Qatar's efforts to improve its labour standards and practices in line with international norms and conventions.

Workers and employers should familiarize themselves with the Qatar Labour Law and comply with its provisions in order to avoid any legal issues or penalties. Workers and employers should also seek professional advice if they have any questions or concerns regarding any aspect of their employment relationship in Qatar.

Disclaimer: This article provides general information and should not be construed as legal advice. Please consult with a qualified and experienced Lawyer for personalized guidance regarding your specific situation.