Is it Illegal for Employers NOT to Release End-of-Service Benefits? – Guide to Jobs in Qatar

End-of-Service Gratuity Law in Qatar

So, you have finally decided to resign from your job to shift careers or leave Qatar for good. 

As an employee, you have the right to receive your full and final settlement or End-of-Service (EOS) benefits, provided you have worked with the company for at least a year and complied with the notice period.

What does it mean?

End of Service (EOS) or gratuity is part of the Qatar Labour Law that stipulates a sum of money to be paid to an outgoing employee.

The terms will be included in the employee's contracts. These contracts are normally terminated once their duration has passed or prematurely under several conditions i.e. employee termination or resignation.

?You may also approach a staffing recruitment Doha to manage your job application while you are trying to settle your end of service benefits.

When is it payable?

?An EOS should be paid upon the termination of the employment. Recalculation of the EOS should be undertaken and final termination payment should be made to ensure that the employees have received their full payment.

Read also: How to Calculate End-of-service Gratuity?

Here are the latest guidelines published in the International Labour Organization (ILO) key information for employers about the current labour mobility and termination policies in Qatar:

If a worker leaves the company, does the employer still have to pay the end of service gratuity or other benefits?

If the worker completed at least one year of employment and the contract was not terminated for committing any of the violations described in Article 61 of the Labour Law, the employer must still pay the worker his/her end of service benefits, accrued annual leave not taken and any other benefits stipulated by Labour Law No. 14 of 2004 and the signed employment contract.

Remember that the employer must also continue to provide food and accommodation (or the relevant allowances) until the termination date.

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Article 61 (Source: Al Meezan – Qatar’s Legal Portal)

The Employer may dismiss the Worker without notice and payment of the end of service gratuity in the following cases:

• If the Worker assumes a false identity, alleges a nationality other than his or submits false certificates or documents.

• If the Worker commits a mistake which causes gross financial loss to the Employer provided that the Employer shall notify the Department of the mistake within twenty-four hours from the time of awareness thereof.

• If the Worker violates more than once the written instructions of the Employer concerning the safety of the Workers and the Establishment despite being notified in writing of the violation on condition that such instructions shall be written and posted up in a conspicuous place.

• If the Worker fails more than once to carry out his essential duties under the Employment Contract or this Law despite being notified in writing thereof.

• If the Worker discloses the secrets of the Establishment where he is employed.

• If the Worker is found during the working hours in a clear state of drunkenness or under the influence of a drug.

• If the Worker assaults the Employer, the manager or one of his supervisors in the workplace during the working day or by reason thereof.

• If the Worker repeats the assault on his colleagues in the workplace despite being warned in writing thereof.

• If the Worker absents himself from Work without legitimate cause for more than seven consecutive days or fifteen interrupted days in one year.

• If the Worker is convicted by a conclusive judgment in a crime of dishonour or dishonesty.

Read also: Know Your Rights When You Resign Or Get Terminated from your Job in Qatar

FOR WORKERS COVERED BY SPECIAL LAWS

What are the rules on termination of employment for domestic workers?

The rules for terminating and changing jobs for domestic workers are the same as for workers covered by Labour Law No. 14 of 2004. 

An updated standard employment contract for domestic workers reflecting those rules is forthcoming. However, remember that the probation period for domestic workers cannot exceed 3 months, and that a domestic worker can only have one probation period with the same employer.

In addition, domestic workers may terminate their employment contract anytime during the contract period without notice and keeping their right to an end of service gratuity pro rata annual leave dues, as well as a return plane ticket back to his/her country of origin, in cases specified by Article 17 of Law No. 15mof 2017 on Domestic Workers.

Employers of domestic workers may terminate the employment contract without notice and without granting end of service gratuity for the year of dismissal, if the domestic worker does not abide by the obligations stipulated in the employment contract or those described in Articles (16) and (11) of Law No. 15 of 2017 on Domestic Workers.

Is it permissible for the employer to deprive you of end-of-service benefits?

An employer may dismiss a domestic worker without warning, and without granting him/her an end-of-service bonus for the year in which he/she was dismissed, if a worker has not fulfilled the duties specified in the provisions of Law No. 15 of 2017 on domestic workers or the labor contract.

Based on the National Human Rights Committee (NHRC) Workers' Rights Booklet, the termination policies in Qatar are as follows:

Is it permissible for the employer to fire you and terminate your contract without notice and without granting you end-of-service benefits?

He may do so in the following cases:

- If you have been impersonating another person or nationality other than your nationality, submitting false papers, documents and certificates, or committing an error resulting in a serious loss of material to the employer.

- If you have violated the instructions for the safety of workers and establishment despite warning you in writing, provided that the instructions you must follow are written and displayed in a visible place.

- If you have also violated your labor contract or the labor law more than once despite a written warning to you.

- If you are found during work hours under the influence of drugs or alcohol.

- If you assaulted your employer, manager or one of your superiors during work.

- If you repeated your assault on your colleagues even though you were warned in writing.

- If you were absent from work without legitimate reason for more than seven consecutive days or fifteen days intermittently during the year.

- If you have a conviction with a final judgment in a crime of honor or honesty.

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