LAW 14 0F 2004 English

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 LAW NO. (14) OF 2004 LABOR LAW We, Hamad Ben Khalifa Al Thani, Emir of the State of Qatar, Having considered the Temporary Amended Basic Law, particularly articles (23), (34), (51), Labor Law No. (3) of 1962, and its amendments, Law No. (11) of 1962 about the foundation of the commercial register, and its amendments, Law No. (3) of 1963 that regulates the entry and the residence of foreigners in Qatar, and its amendments, Law No. (3) of 1984 that regulates the sponsorship of the residence of foreigners and their departure, amended by Law No. (21) of 2002, Law No. (14) of 1992 that regulates the recruitment of workers from abroad in favor of others, Law No. (23) of 1994 about the reconciliation system in crimes provided for in Law No. (14) of 1992 that regulates the recruitment of workers from abroad in favor of others, Law No. (7) of 1999 that regulates the Ministry of Civil Service Affairs and Housing, and designates its competencies, The Law of Commercial Companies issued by Law No. (5) of 2002, The draft law presented by the Cabinet,  And after consulti ng the Ad visory Cou ncil, Decided the following law:  Article (1) The annexed Labor Law is applied.  Article (2) The Minister of Civil Service Affairs and Housing, in coordination with the competent authorities, issues the necessary decisions to execute the enclosed law, and until issuing these decisions, the decision in force shall remain applicable except what contradicts with their provisions.  Article (3) Laws No. (3) of 1962, (14) of 1992, and (23) of 1994 are repealed as well as any provisions contradicting with the annexed law.  Article (4)  All the competent au thorities , each within its competency, s hall exec ute this la w that beco mes in forc e in six months from its publication in the official gazette. Hamad Bin Khalifa Al Tani, Emir of the State of Qatar Issued at Emiri Diwan on: 30/3/1425 A.H.

Transcript of LAW 14 0F 2004 English

  • LAW NO. (14) OF 2004

    LABOR LAW

    We, Hamad Ben Khalifa Al Thani, Emir of the State of Qatar, Having considered the Temporary Amended Basic Law, particularly articles (23), (34), (51),Labor Law No. (3) of 1962, and its amendments, Law No. (11) of 1962 about the foundation of the commercial register, and its amendments, Law No. (3) of 1963 that regulates the entry and the residence of foreigners in Qatar, and its amendments, Law No. (3) of 1984 that regulates the sponsorship of the residence of foreigners and their departure, amended by Law No. (21) of 2002, Law No. (14) of 1992 that regulates the recruitment of workers from abroad in favor of others, Law No. (23) of 1994 about the reconciliation system in crimes provided for in Law No. (14) of 1992 that regulates the recruitment of workers from abroad in favor of others, Law No. (7) of 1999 that regulates the Ministry of Civil Service Affairs and Housing, and designates its competencies, The Law of Commercial Companies issued by Law No. (5) of 2002,The draft law presented by the Cabinet, And after consulting the Advisory Council, Decided the following law:

    Article (1)The annexed Labor Law is applied.

    Article (2)The Minister of Civil Service Affairs and Housing, in coordination with the competent authorities, issues the necessary decisions to execute the enclosed law, and until issuing these decisions, the decision in force shall remain applicable except what contradicts with their provisions.

    Article (3)Laws No. (3) of 1962, (14) of 1992, and (23) of 1994 are repealed as well as any provisions contradicting with the annexed law.

    Article (4)All the competent authorities, each within its competency, shall execute this law that becomes in force in six months from its publication in the official gazette.

    Hamad Bin Khalifa Al Tani, Emir of the State of Qatar

    Issued at Emiri Diwan on: 30/3/1425 A.H.

  • Corresponding to: 19/5/2004

    LABOR LAW

    CHAPTER 1 - DEFINITIONS AND GENERAL PROVISIONS

    Article (1)In applying the provisions of this law, the following definitions shall be adopted:

    1- Ministry: the Ministry of Civil Service and Housing Affairs. 2- Minister: the Minister of Civil Service and Housing Affairs.3- Administration: the administration of labor in the ministry. 4- Employer: each normal or legal person employs one or more employees on a return. 5- Employee: any normal person works for the employer on a return and under his supervision. 6- Trainee: any normal person contracts with the employer to teach him the rules of the

    profession or the handcraft or to enrich his information and skill. 7- Juvenile: any normal person reached the sixteen year old and didn't reach the eighteen year

    old. 8- Work: any human, intellectual, technical or physical effort done on a return. 9- Work contract: an agreement between the employer and the employee, within a certain or

    uncertain period, in which the employee undertakes to do certain work for the employer, under his supervision and control and on a return.

    10-Basic salary: an amount to be paid to the employee for his work in a certain period of time on the basis of piece or production, and it includes the annual allowance only.

    11-Salary: the basic salary in addition to all the allowances, compensations, and premiums paid to the employee for his work or in its occasion, of whatever kind and way of payment.

    12-Professional training: teaching the trainee the rules of the profession or the handcraft, increasing his knowledge and skill, or preparing the employee to change from one profession to another, by necessary practical and theoretical means and programs.

    13-Authorized physician: the person authorized to practice medicine in Qatar. 14-Institution: each establishment whose Qatari capital is not less than 51% of its total capital, and

    its headquarters is in Qatar. 15-Establishment: any project managed by a normal or legal person who employs one or more

    employees. 16-Continuous service: the continuous service of the employee for the same employer or his legal

    successor, which shall not be ceased in cases of leaves or absence declared legally or by agreement, or in cases of work termination in the establishment for a reason against the employer's will.

    17-Temporary work: the work whose nature requires carrying it out in a certain period, or it aimed at a certain work and ends with its end.

    18-Irrelevant work: the work whose nature is different from the activity of the employer and doesn't take more than four weeks.

    19-Work injury: the injury of the worker by one of the profession diseases provided for in table no.

  • 1 enclosed, or by any injury resulting from an accident incurring during the work or because of it, or during his going to work or returning from it, provided that back and forth shall be continuous without stoppage, retardation, or deviation from the usual road.

    20-Labor organizations: labor committees, general committees of profession and industry workers, and general union of Qatar workers.

    21-Competent medical authority: the authority designated by the Ministry of Public Health.

    Article (2)This law is applicable on the employers and the employees. It determines their rights and obligations and regulates relations among them.

    Article (3)Without infringing any special text, the provisions of this law are not applicable on the following categories:

    1- Employees and workers in ministries, other governmental corps, organizations, public institutions and companies founded by Qatar for the petrol alone or in participation with others, also those whose employment affairs are regulated by special laws.

    2- Officers, military forces and policemen, and workers in the sea. 3- Workers in irrelevant works. 4- Workers in houses as the driver, the housekeeper, the cooker, and the gardener.5- Members of the employer's family like his wife, ancestors, and successors with the persons

    living with him and totally depending on him. 6- Workers who work in agriculture and grazing except those who work in agricultural institutions

    that manufacture or market its products or those who permanently run or repair the mechanic machines necessary for agriculture.

    According to a decision issued by the Council of Ministers, and upon the proposal of the minister, it's allowed to apply all or some of the provisions of this law on the said categories in items (3,4,5,6).

    Article (4)The rights decided in this law represent the minimum of the workers' rights, and any condition that violates this law shall be considered void, even if it's previous to the date of its validity, unless it is better for the worker. It is considered void any discharge, reconciliation, or waiver of the rights of the worker according to this law.

    Article (5)The due amounts of the worker or his heirs, upon this law, shall have the privilege on the mobile and immobile assets of the employer, and it shall precede all the other debts, including the state debts.

    Article (6)If the employer asked any normal or legal person to do any of his original works or part of it, this person shall equalize between the workers who execute this work and the original employer's workers in rights and privileges, and they shall be responsible to cover it jointly, within the debts of the employer toward the person to whom this work is assigned.

    Article (7)

  • The employer, before starting work in his establishments, shall inform the administration in written about the following statements:

    1- Name of the establishment, its headquarters, activity, correspondence address, and phone number.

    2- Nature of the work to be practiced by the establishments.3- Number of workers to be used by the establishment, their professions, and nationalities. 4- Name of the responsible manager of the establishment.

    Article (8)The periods and times provided for in this law are calculated in the Gregorian calendar. A year is 365 days and a month is 30 days.

    Article (9)The contracts and other documents provided for in this law shall be delivered in the Arabic language. The employee may enclose its translation to it, if a difference between the two texts occurs, the Arabic one will be adopted.

    Article (10)All the litigations filed by the workers or their heirs asking for the rights declared by this law, or a work contract, shall be studied promptly and excluded from judicial fees. In respecting article 113 of this law, the litigation that asks for the right resulting from its provisions, or the work contract shall become void in one year from the termination of the contract.

    CHAPTER 2 - PROFESSIONAL TRAINING

    Article (11)The professional training takes place inside the establishments or in the institutes or the canters specialized for this purpose. The minister, by a decision, shall determine the theoretical and practical studies of training, its maximum period, rules and conditions, test, methods, and certificates given to the trainees after training.

    Article (12)The employer who employs fifty workers and more shall train on technical works about 5% of his Qatari workers, assigned by the administration, according to the training program adopted by the ministry.

    Article (13)The trainee shall contract with the employer. If his age was less than 18 year old, his custodian or guardian shall represent him.

  • Article (14)The professional training contract shall be concluded in written, and it shall designate the kind of profession or handcraft, subject of training, the period of training and its successive stages, the wage received by the trainer, which must not be during the last stage of training less than the minimum limit of the wage decided for such work.It's not allowed to determine the wage of the trainee on basis of piece or produce.

    Article (15)The professional training contract shall be delivered on three copies, each party keeps one, and the third is deposited at the administration to register and legalize it in one week from its conclusion. If the administration didn't object in ten days from deposition date, the contract shall be considered legalized from its deposition date.

    Article (16)The employer can terminate the training contract before its completion in the following two cases:

    1- If it was proved that the trainee is unqualified to learn a profession or a handcraft.2- If the trainee breached any of his essential obligations provided for in the contract.

    The trainee, his custodian or guardian may terminate the training contract at any time, where this termination is based on legal reasons. The party who wishes to terminate the contract shall inform the other party in written before the date designated to terminate by seven days at least.

    Article (17)The trainee may agree with the employer to work for him after the training period.

    CHAPTER 3 - REGULATION OF WORKERS' EMPLOYMENT

    Article (18)The priority in employment is to the Qatari workers, and it's allowed to employ others if the need requires so.

    Article (19)The employer shall give the administration each six months a list of the workers' names who work for him, their genders, nationalities, and works they practice, their wages, ages, and authorizations issued for them in work.

    Article (20)The administration in regulating the Qatari workers' employment, shall do the following:

    1- Collect the statements of supply and demand on manpower and prepare the studies about the state of employment.

  • 2- Register the unemployed Qatari people who are searching for a better work in a register prepared for this purpose, where registering is made upon their request, and the one searching for a job is granted a certificate of this register for free, in which their age, profession, competencies, and previous works are mentioned.

    3- Nominate the registered for the positions and jobs that fit them and comply with their age and technical competency.

    Article (21)It's not allowed to employ any of the Qatari people unless he has the said register certificate, in excluding the employees in the main positions who are considered empowered by the employers to practice their authorities and do the irrelevant works.

    Article (22)The employer shall inform the administration about the available positions and works, and the qualifications of the candidate, the wage and the duration designated for each of it, within a period no more than one month from the date that the position becomes void, or its foundation, or the availability of the work. He shall return to the administration in seven days from the date of contracting with the workers, the worker's register certificate with whom he contracted, enclosed to it a statement about the nature of work, the wage, and the date of starting work.

    Article (23)It's not allowed employing the non-Qatari workers unless after the approval of the administration and obtaining an authorization to work in the state, according to the rules and procedures decided by the ministry. To grant an authorization to work for non-Qatari people, it is conditioned that:

    1- There is no Qatari worker registered in the registers of the administration qualified to do the work that requires authorization.

    2- He has a residence permit3- He medically fits.

    The validity of the work authorization shall be limited to the residence period, and it shall not exceed the five year old unless upon the approval of the administration. This article is applicable on the categories provided for in item (3), (4), (5), (6) of article 3 of this law.

    Article (24)A pattern of the work authorization and the necessary statements are issued by a decision from the minister.

    Article (25)The minister may void the work authorization granted to the non-Qatari worker in the following cases:

    1- If he lost one of the conditions (1) and (3) speculated in article (23) of this law. 2- If he stopped working because of a reason pertaining to him and without any reasonable

    excuse, for more than three months. 3- If he worked in other than the work authorized. 4- If he was dismissed punitively.

  • Article (26)The rate of non-Qatari workers to the Qatari people in all the work sectors is designated by a decision issued by the minister. The minister may prevent employing the non-Qatari workers in any of the sectors provided for in the previous item in accordance with the public welfare.

    Article (27)The employer who employs experts or non-Qatari technicians shall train an appropriate number of Qatari workers nominated by the administration, on the work practiced by those exerts and technicians or appoint assistant Qatari workers, in the purpose of training and gaining experience. The employer shall not bring workers from abroad unless through an authorized person. As an exception, the employer or his representative may bring workers from abroad for his own account, after obtaining the approval of the administration; this exception includes the householders without obtaining the approval of the administration.

    Article (28)The employer shall not bring workers from abroad in favor of others, unless through a licenced party.In exception, the employer or his representative may bring workers from abroad for his personal account after getting the administration's approval, and this exception includes the "family head" without them having to obtain the administration's approval.

    Article (29)Any natural or legal person shall not bring workers from abroad in favor of others, unless after obtaining an authorization thereof. The period of authorization is two renewable years or other identical periods. The conditions of obtaining an authorization are to be designated by a decision issued by the minister.

    Article (30)The authorization to bring workers from abroad in favor of others is presented to the administration according to the pattern issued by the decision of the minister supported by the documents according to this law and the executive decisions. The administration shall examine the application and its attachments, present it to the minister to resolve it in thirty days from its representation and the end of this period without resolving is considered a refusal.

    Article (31)An authorization to bring workers from abroad is granted by a decision from the minister, and the administration shall inform the concerned about the decision of approval or refusal in one week from its issuance date. In case of refusing the authorization demand or the end of the period provided for in the previous article without resolving, the concerned may complain to the minister in fifteen days from the date of informing of the refusal decision or the termination of the said period, the resolving of the complaint is made in thirty days from its presentation, and the decision of the minister to resolve the complaint is final, the termination of this date without resolving is considered a refusal.

  • Article (32)The authorized to bring workers from abroad in favor of others shall obtain the trade authorization necessary thereof.

    Article (33)The authorized to bring workers from abroad in favor of others is prevented from doing the following:

    1- Receive from the brought worker any amount as charges, expenditures or other expenses. 2- Practice in the office any other work other than bringing workers from abroad in favor of

    others.

    Article (34)The workers are brought in favor of others upon a written bringing contract between the authorized and the employer, according to the bringing contract pattern issued by a decision from the minister.The task of the authorized ends immediately upon the arrival of the workers and delivering them to the employer without breaching the responsibilities designated in the bringing contract.

    Article (35)The authorized to bring workers is subject to the supervision of the ministry; he shall keep in the office the statements, the registers, and other papers determined by a decision from the minister.

    Article (36)The procedures of the bringing authorization, and the work rules and condition of the offices of workers' bringing from abroad in favor of others are designated by a decision from the minister.

    Article (37)Fees are imposed on the following:

    1- Granting work authorizations, renewing and replacing them. 2- Granting authorization to practice the profession of workers' bringing from abroad, renewing

    and replacing it. 3- Legalization of institutions and companies' seals and work contract, certificates, and other

    documents legalized by the ministry. These fees and cases of discharge are determined by a decision from the Council of Ministers.

    CHAPTER 4 - INDIVIDUAL WORK RELATIONSHIP

    Article (38)The work contract shall be in written and legalized by the administration, delivered on three copies, each party has one copy, and the third copy to be deposited with the administration.

  • The work contract designates the provisions of the work contract between its two parties, and it includes in particular the following statements:

    1- Name of employer and place of work. 2- Name of worker, his competency, nationality, profession, residence, and the necessity to

    prove his personality. 3- Date of contract conclusion 4- Nature and kind of work, subject of contract. 5- Date of starting work. 6- Period of contract if it is determined 7- Agreed upon wage, method and date of payment.

    If the work contract is not written, the worker may prove the work relationship and his rights from this contract by all means of confirmation.

    Article (39)The contract may put the worker under experiment for the period agreed upon between the two arties, provided that this period shall not exceed six months from starting work.It's not allowed to pout the worker under experiment more than once with the same employer. The employer shall end the contract during the experiment period, if it is revealed that the worker is unqualified to do the work provided that he informs the worker before three days at least from the termination of the contract.

    Article (40)If the period of the work contract is determined, it shall not be more than five years. It's allowed to renew this period or other identical periods upon the agreements of the two parties. If the contract is not renewed and the two parties continue to execute it after the completion of its period without frank agreement, it shall be considered renewed for undetermined period with the conditions mentioned in it. The renewed period is considered a prolongation of the previous period and the worker's service shall be calculated as of the date of serving the employer for the first time.

    Article (41)If the subject of contract is to carry out certain work, the contract ends with its carrying out, if the work is renewable by its nature, and the carrying out of the contract continues after the end of the agreed upon work, the contract shall be considered renewed for other identical periods by mutual agreement.

    Article (42)The worker shall undertake the following:

    1- Doing the work himself and giving the same care of the person used to do it.2- Executing the orders of the employer concerning the implementation of the work, if not

    contradicting with the contract or the law and without subjecting himself to danger. 3- Not working for others whether with or without wage. 4- Keeping what he has or under his disposition of raw materials or products means, and

    doing the necessary procedures to provide and maintain them. 5- Carrying out the instructions of safety and professional health decided in the establishment. 6- Giving the support to prevent disasters in place of work, or remove their effects. 7- Working continuously to develop his skills and cultural and professional experiences

    according to the systems and procedures put by the employer in participation with the competent authorities and within the limits of the available probabilities.

    8- Unveiling the work secrets even after the termination of the contract.

  • 9- Not using the materials of work outside the work unless by an authorization from the employer and keeping these materials in their specialized places.

    10-Not accepting gifts, donations, bonuses, or amounts in the occasion of doing his duties from other than the employer.

    11-Returning at the termination of the contract the materials or the non-consumed materials that are under his disposition.

    Article (43)It's considered void any condition mentioned in the work contract, even if the contract is previous to the date of putting this law in force, if it includes a declaration from the worker that he will work for the employer during his whole life, or stop during his whole life from practicing any handcraft or profession that can be practiced after leaving the work.If the nature of work allows the worker to know the employer's agents or the secrets of work, the employer may condition on the worker not to compete him or participate in any competing project, and for this condition to be valid, it shall be limited to the sufficient period, place and kind to protect the legal welfare of the employer, and the period of this obligation shall not be more than two years.

    Article (44)The employer undertakes to make it possible for the worker to do the work and provide all its requirements, and if the worker comes to the place of work and is ready to do it, and is not able to do so, for reasons against his will, the work shall be considered done and the worker shall deserve the privileges.

    Article (45)The employer shall not charge the worker to do any work different from the work agreed upon, unless to prevent an accident or repair its effects, or in case of force majeure and give the worker the rights resulting from it. As an exception, the employer may charge the worker to do a work other than that agreed upon, if it is permanent, or this work was different from the original work in origin, and this charge doesn't include an offense to the worker, in condition not to decrease the wage of the worker.

    Article (46)The employer who employs ten workers or more shall put a list to regulate the work in the establishment, and for the validity of the list and its amendments, it shall be presented to the administration to adopt it, if the administration doesn't adopt it in one month from its presentation, it shall be considered adopted. The list shall be placed in a clear place in the establishment for the workers to read it, and it shall not be considered in force unless after fifteen days from its declaration. The minister shall issue by a decision the patterns of work regulation lists to lead the employers.

    Article (47)The employer shall keep a special file for each worker in which all papers, personal certificates, decisions and instructions are deposited. The worker shall keep the file for one year at least, after the workers' end of service.

    Article (48)

  • The employer shall hold the following registers: 1- Register of workers, it includes in particular the names of the workers, their nationality, kind

    of work, their wage, start of service, residence, social status, scientific and practical competencies, licenses obtained and penalties.

    2- Register of wages, it includes the names of workers according to their affiliation in service, their daily, weekly and monthly wages, their piece or product wage and its attachments, for each of them, additional wages paid for them, deduction from wage, and net wage received by each of them.

    3- Register of penalties, it includes the financial penalties on each worker and its value. 4- Register of work injuries, it includes all the work injuries of the worker. 5- Register of end of service, it includes the names of workers whose service came to an end,

    date of end of service, reasons, and payables given to them or their heirs.

    Article (49)If the period of the work contract is undetermined, each party may terminate it without giving reasons. In this case, the party who wishes to terminate the contract shall notice in written the other party as follows:

    1- According to the workers who receive their wages annually or monthly, the notice shall be addressed before the end of the contract in a period of no less than one month if the period of service is five years or less. If the period of service exceeded five years, the period of notice shall be two months at least.

    2- In the other cases, the notice shall be addressed in the following dates: a- If the period of service is less than one year, the period of notice shall be one week

    at least. b- If the period of service is more than one year and less than five years, the period of

    notice shall be two weeks at least. c- If the period of service is more than five years, the period of notice shall be one

    month at least. If the contract is terminated without considering these periods, the party who terminated it shall undertake to give the other party a compensation equal to the worker's wage for the period of notice or the remaining part of it.

    Article (50)The employer shall pay to the worker his total wage for the period of notice provided for in the previous article, if the worker did his work as usual during this period. The employer shall allow the Qatari worker during this period to be absent from his work, reasonable period to be able to register his name in the registers of the administration to obtain a new work, the worker shall inform the employer about obtaining a new work, directly when obtaining it, and be discipline in work after that, till the end of the period of notice.

    Article (51)The worker may terminate the work contract before its termination if its period is determined, without informing the employer, if its period is undetermined, in keeping his total rights of the end of service compensation, in each of the following cases:

    1- If the employer fails to fulfill his obligations decided in the work contract or upon this law. 2- If the employer or the acting manager makes a physical aggression or any immoral act

    against the worker or his family members. 3- If the employer or his representative cheated the worker at the time of contract concerning

    the work conditions. 4- If there exists a severe danger that threatens the safety of the worker, or his health in

  • condition that the employer knows about the danger and doesn't work on eliminating it.

    Article (52)The work contract doesn't end in any of the following cases:

    1- Employer's death, unless this contract is concluded for his personal consideration or his professional activity that ends with his death.

    2- Merging the establishment in another one, changing its property or the right to manage it to other than the employer, for any reason.

    The successor shall be responsible jointly with the previous employer in paying the rights of the workers.

    Article (53)The employer, at the termination of the contract, shall:

    1- Grant the worker, upon his request and for free a certificate of service, in which he mentions the date of starting work, date of its end, kind of work done, and wage received.

    2- Give the worker the certificates and other documents deposited.

    Article (54)In addition to any amounts due to the worker at the end of service, the employer shall give the end of service compensation to the worker who spent in work one whole year or more. This compensation is determined by the mutual agreement of the two parties provided that it is no less than a three-week wage for each year ofs of service, and the worker deserves the compensation for the fractions of by the rate of the period that he spent in service. The service of the worker is considered related if terminated in other than the cases provided for in article 61 of this law and returned to service in two months of its end. The final basic wage of the worker shall be considered a basis to calculate the said compensation.The employer has the right to deduct from the compensation the debts of the worker.

    Article (55)If the worker dies during his service, for any reason, the employer shall deposit in the treasury of the competent court for a period of no more than fifteen days from the date of death any wage, or other payables of the worker in addition to the compensation of the end of service, and the deposit record shall include a detailed report about the calculation of the said amounts and give the administration a copy of this report.The court shall distribute the deposited amounts on the heirs of the dead worker according to the provisions of the Islamic Sharia or the prevailing law of personal status in the country of the legator. If three years passed after the date of deposit without knowing the qualified for the deposited amounts, the court shall refer them to the public treasury of the state.

    Article (56)The employer who has a retirement system or any other similar system that guarantees for the worker a benefit more than the compensation of the end of service which he deserves upon article (54) of this law, is not obliged to pay this compensation in addition to the privilege that he presents in virtue of the said system.If the net privilege of the worker is less than the compensation that he deserves, the employer shall pay to him the end of service compensation and return to him any amount in which he participated in the said system. The worker may choose between the compensation of the end of service and any

  • salary he deserves according to this system.

    Article (57)At the end of service, the employer shall return the worker at his expense to the lace from which he is brought or to any other place agreed upon between the two parties. The employer shall terminate the procedures of returning the non-Qatari worker in a period no more than two weeks from the termination date of the contract; if the worker joins another work before leaving the country, the obligation to return him to his country or another country agreed upon shall be transferred to the last employer. The employer holds the expenses of equipping and transporting the cadaver of the dead worker to his original country or his residence if his parents request so. If the employer doesn't return the worker or his cadaver after his death, the administration shall do so at the expense of the employer, and recover these expenses by administrative means.

    CHAPTER 5 - PUNITIVE AUTHORITY OF THE EMPLOYER

    Article (58)The employer who employs ten workers and more shall put a list of penalties that include the contraventions and punitive penalties, conditions and procedures of its signature.The minister shall issue by a decision, patterns of penalties' lists according to the nature of wok in the different sectors to lead the employers in preparing their lists. For the validity of the penalties' list and its amendments, it shall be adopted by the manager in one month from its presentation to the administration; if this period terminates without objection, it shall be considered adopted. The employer shall place the list in the place of work to inform the workers about it, and it shall not be considered valid until after 15 days from its publication.

    Article (59)The punitive penalties to be imposed on workers are:

    1- The notice: it's realized by a written letter addressed to the worker and informs him about his contravention and asks him not to repeat it or other more severe penalty will be imposed.

    2- Deduction from the worker's wage for a period no more than five days for one contravention.

    3- Dismissal from work and preventing the worker from the wage for a period no more than five days for each contravention.

    4- Dismissal from work without wage or with reduced wage until resolving the penal accusation attributed to him, if the innocence of the worker is proved, the dismissal is considered as never existed and the worker shall receive the due wage for the period of dismissal.

    5- Delay in granting the annual allowances for a period no more than six months, or preventing it in the establishments in which the system of allowances exists.

    6- Delay in promotion for a period no more than one year, in the establishments in which the system of promotions exists.

    7- Dismissal from work in keeping the right of end of service compensation. 8- Dismissal from work in preventing from the end of service compensation.

  • Article (60)In executing the punitive penalties that decrease the worker's wage, the deducted wage of the worker shall not be more than the wage of five days in one month. The employer shall register the value of penalties on the workers in the register of penalties, in which he shall mention the name of the employer, value of deduction, reason of penalty and its date, provided that this register is subject to the control of the work inspection corps. The value of deductions on works is determined by the authority designated upon a decision from the minister, which determines how to dispose them.

    Article (61)The employer may dismiss the worker without notice and without giving him the end of service compensation in the following cases:

    1- If the worker pretended another personality or claimed another nationality or presented faked documents and certificates.

    2- If the worker commits a mistake that caused severe material loss to the employer, provided that the employer informs the administration about the accident in a period no more than the end of the working day later to his knowledge.

    3- If the worker violates more than once the instructions of reserving the safety of the workers and the establishment, in spite of noticing him in written and provided that these instructions are written and declared in a clear place.

    4- If the worker violates more than once any of his essential obligations decided in the work contract or upon the law, in spite of a written notice addressed to him.

    5- If unveiled the secrets of the establishment that he works in. 6- If the worker is found during the working hours under the effect of alcohol or drugs. 7- If the worker practiced aggression against the employer, the manager or one of the chiefs

    during work or because of it. 8- If the aggression against the worker or his colleagues during the work is repeated in spite of

    the written notice. 9- If the employer is absent from working without legal reason more than seven successive

    days or fifteen irregular days in a year. 10- If the worker is convicted by a final judgment in a crime of honor or loyalty.

    Article (62)In imposing penalties on the violating workers, these items shall be taken into consideration:

    1- The worker shall not be accused of a contravention that the employer knew about it before more than fifteen days except for the penal crimes.

    2- The penalties shall not be imposed on the worker unless for a contravention connected directly to the work, whether occurred during work or in its place, or off duty.

    3- The penalties shall not be imposed on the worker until informing him about the accusation and investigating him in written, or verbally in simple contraventions whose penalty is no more than that decided in the list of penalties, i.e. the notice or deduction that is no more than one day wage, where this shall be proved in a minutes to be deposited in his private file.

    4- No more than one punitive penalty shall be imposed on the worker for one contravention.5- Punitive penalties that the employer imposes on the worker shall only be imposed by the

    employer, his delegated agent, or the manager of the establishment.6- Punitive penalty for an act not mentioned in the list of penalties shall not be imposed.

  • Article (63)The worker shall be informed about the penalty imposed on him in written, if he abstained from receiving the notice, the penalty shall be declared in a clear place in work.If the worker is absent from work, he shall be informed about the penalty by a registered letter on his address mentioned in his private file.

    Article (64)Before contesting the penalty imposed on the worker in front of the competent court, the worker shall complain to the employer in seven days since knowing about the contest, and the complaint shall be resolved in seven days from its presentation, and the end of this period without resolving is considered a refusal.In case of refusing the complaint or non-resolving it during the said period, the worker may complain to the administration of the penalty imposed on him in seven days from the date of refusal. The administration shall resolve the complaint of the worker in seven days from its presentation, and its decision is final and the end of this period without resolving the complaint is considered a refusal. As an exception, the worker may contest the penalty of dismissal before the competent court. If the court considers the dismissal arbitrary or a violation of this law, it shall either cancel the penalty of dismissal and return the worker to work and receive the wage for the period he is prevented from working in executing this penalty, or give the worker an appropriate compensation evaluated according to the wage and the other privileges from which the worker is prevented due to this dismissal.

    CHAPTER 6 - WAGES

    Article (65)The worker deserves the wage designated in the work contract. If the wage is not determined in the contract, the worker deserves the wage according to the work regulation list. If the wage is undetermined according to the previous item, the worker shall deserve a wage equivalent to that estimated for a work of same kind in the establishment, or estimated according to the customs of the profession if available, or the judge shall estimate the wage according to the requirements of justice.

    Article (66)The wages and the other due amounts of the worker shall be paid in Qatari currency. The wages of the appointed workers are paid annually or monthly once in month at least, and the wages of the other workers shall be paid once each two weeks at least. The wage shall be paid to the worker himself, in one of the working days and during its hours, in its usual lace or any other lace agreed upon by the administration. It's not allowed to be transferred to the account of the worker in the bank agreed upon by the two parties or paid to the agent appointed by the worker in written. The employer is not discharged from the worker's wage unless he transfers it to the bank, or the worker or his representative signed in the register of receipt or the receipt prepared for this purpose as a declaration of receipt, where these statements shall include the items of the wage.

  • Article (67)If the work contract terminates for any reason, the employer shall pay the wage of the worker and all the due amounts before the end of the working day later to the contract termination, unless the worker leaves the work without addressing the notice provided for in article 49 of this law; the employer, in this case, shall pay the worker's wage and all his other payables in no more than seven days from quitting the work.

    Article (68)The employer shall pay to the worker before the annual leave, his due wage for the work he does till the date of the leave, in addition to the wage of the leave.

    Article (69)The worker shall not be obliged to buy foods or commodity from a certain place or from the production of the employer.

    Article (70)Any part of the worker's due wage shall not be seized unless to execute a judicial judgment. The seizure in executing the judicial judgments is to pay the debt of the primary legal charge before all the other debts, and the total value of the seized amounts shall no be more than 35% of the debit wage of the worker. The employer shall not receive any interest for the debt of the worker, and he shall not deduct from the worker's wage more than 10% as a discharge of his loan. The total deducted wage used to pay the deductions and debts of the worker shall not be more than 50% of the total wage. If the rate of the deducted amount increased in one month, the deductions of the increased rate are postponed to the next month or months.

    Article (71)If the worker was responsible for loosing, wasting or damaging the machines, the products or the equipment of the establishment, he shall undertake to compensate to the employer for the damage, provided that an investigation shall be made before obliging the worker to compensate. The employer may deduct the value of compensation from the wage of the worker in no more than seven days in one month.The worker may complain of the compensation estimation of the employer, at the administration in seven days from the date of informing him about the estimation of compensation. If the administration cancelled the decision of the employer, or estimated less compensation, he shall return to the worker the excess of the deducted amount in seven days at most.

    Article (72)The wage of the worker is calculated during the annual or sickness leave and the end of service compensation on the basis of his essential wage at the maturity date. If the worker is one of those who work on basis of the piece, the average wage of the worker during the three months previous to the maturity date shall be adopted.

  • CHAPTER 7 - REGULATION OF LABOR TIME AND LEAVES

    Article (73)The maximum limit of the usual working hours is 48 hours per week, i.e. eight hours daily in all the year months except Ramadan, where it is thirty-six hours per week, i.e. six hours per day. The time spent by the worker to work place is not considered a part of the working hours. The working hours shall include certain period or more for prayer, rest and meals, which is no less than one hour and no more than three hours; these periods shall not be considered part of the working hours; in determining the period or periods of rest, the worker shall not work for more than five successive hours. Works that can be practiced without stoppage are determined by a decision issued by the minister.

    Article (74)The workers may work additional hours to the working hours designated in the previous article, where the total actual working hours in one day are no more than ten hours unless this work is necessary to prevent a severe loss or dangerous accident or repair or reducing the effect of this loss or accident. The employer shall pay to the workers for the additional hours an amount of no less than the basic wage for the usual working hours, in addition to a bonus of no less than 25% of this wage. The employer shall also pay to the workers who work between 9:00 o'clock in the evening and 3:00 o'clock in the morning the basic wage for usual working hours in addition to a bonus of no less than 50% for this wage except for the workers of shift.

    Article (75)The worker is given a paid weekly rest no less than 24 successive hours, and Friday is the usual weekly rest day of all workers except for the workers of shift, if the work conditions require giving work to the worker in the weekly rest day, he shall give him another rest day and pay to him for his work during this day the amount paid for the usual weekly rest day or pay to him his due basic wage in addition to a bonus of at least 150% of his wage.Except for the workers of shift, the worker shall not be given two successive Fridays of work.

    Article (76)The provisions of the articles (73), (74), (75) of this law are not applicable on persons who occupy main positions, if these positions grant them the powers of the employer on the workers. The provisions of article (73) are not applicable on the following categories:

    1- Workers of equipping and complementary works that should be carried out before or after the end of work time.

    2- Workers of Guarding and cleaning 3- Other categories of workers issued by a decision of the minister. The maximum limit of

    working hours in these works is designated by a decision from the minister.

    Article (77)The employer shall put on the gate of the workers and in a clear placeA schedule of the closing day, the weekly rest day, working hours, and rest periods of all workers, and

  • inform the administration by a copy of this schedule.

    Article (78)The worker deserves an annual leave with a complete wage as follows:

    1- Three working days in the Lesser Bairam.2- Three working days in the Greater Bairam. 3- One working day in the independence day 4- Three working days designated by the employer.

    If the work conditions require the employment of the worker at any of these leaves, the article (74) of this law shall be applied.

    Article (79)The worker who spends one continuous year in the service of the employer deserves an annual leave with the wage provided for in article (72) of this law, and this leave shall not be less than three weeks for the worker whose service is less than five years, and four weeks for the worker whose service is five years and more. The worker deserves a leave for the fractions of, equivalent to the period he spends in service.

    Article (80)The employer shall determine the date of the annual leave of the worker according to the requirements of work, and he may upon the consent of the worker part it to no more than two periods. The employer, upon a written request from the worker, may postpone no more than half the annual leave period to the year next to the year of maturity.

    Article (81)The worker shall not waive his right in the annual leave, any contradicting agreement is void; the worker has the right to obtain a monetary return, equivalent to his wage for the days of his due leave if the work contract ended for any reason before receiving it.

    Article (82)The worker has the right of a paid sickness leave for each year of service, this leave is not granted until after three months from joining the work for the first time, provided that he proves his sickness by a certificate from a physician approved by the employer. The worker shall receive his total wage if the period of the sickness leave is no more than two weeks. If it's more than that, half of the wage shall be given for four other weeks, for any prolongation of the leave is unpaid, until proceeding the work or quitting it or ending his service for health reasons. The service of the worker may be terminated at the end of the twelfth week of the sickness leave if it is proved by a report issued by the competent physician that the worker is unable to continue his work at the time. If the worker quits because of sickness and upon the approval of the competent physician before the end of the six weeks that the worker deserves as a paid sickness leave, the employer shall pay the remaining amount of his payables, and this provision is also applicable in the case of death because of sickness before the end of the mentioned six weeks. The previous provisions shall not violate the right of the worker to get his due bonus for the period of service; also obtaining his sickness leave of the twelfth weeks doesn't interrupt his continuous service.

  • Article (83)The Muslim worker is granted an unpaid special leave for no more than 20 days to go to pilgrim once during his service. The employer shall determine the number of workers to be granted this annual leave according to the requirements of work in respecting the fact of giving priority to the worker who spent the longest continuous period in service.

    Article (84)The worker shall not work for another employer during his leaves, and if it's proved for the employer that the worker violated this condition, he shall prevent him from his wage for the leave period, and recover what he paid of this wage.

    Article (85)The employer shall not terminate the work contract or inform the worker about terminating it during his leaves provided for in this law. He shall not also inform the worker about terminating the contract if the delay of informing ends during any of his leaves.

    CHAPTER 8 - EMPLOYMENT OF JUVENILES

    Article (86)A juvenile under 16 years old shall not be employed and shall not enter any working place.

    Article (87)A juvenile shall not work without the approval of his father or custodian and the issuance of a permit by the administration. If the juvenile is a Qatari student, he shall have the approval of the Ministry of Education and Teaching. A juvenile shall not work in works whose nature or condition may harm his health, safety or morals; these works are designated by a decision from the minister.

    Article (88)A juvenile shall not be employed unless after making a medical test with the knowledge of the competent medical authority and the confirmation of his competency to work. The employer shall repeat the medical test of the juvenile once a year at least.

    Article (89)A juvenile shall not be given work after sunset, before the sunrise, during the rest day or the official leaves, or for more than the usual working hours. And he shall not be kept in the place of work more than seven successive hours.

  • Article (90)The usual working hours of a juvenile shall not be more than thirty six hours per week, i.e. six hours per day except for Ramadan where working hours shall not exceed 24 hours per week, i.e. 4 hours per day. The time that a juvenile spent from home to work is not considered part of his working hours. The working hours shall include a period or more for rest or meals, where a juvenile shall not work continuously for more than three successive hours; this period or period are not art of the working hours.

    Article (91)The employer shall keep in the file of the juvenile his birth certificate, his health fitness certificate and the periodic certificate of the medical test.

    Article (92)Each employer hires a juvenile or more shall comply with the following:

    1- Present to the administration a statement in the name of the juvenile, his work and date of employment.

    2- Put in a clear lace a statement of the working hours of the juveniles working for him and the rest periods.

    CHAPTER 9 - EMPLOYMENT OF WOMEN

    Article (93)A workingwoman shall be granted a wage equal to that of the man when doing the same work and shall have the same opportunity for training and promotion.

    Article (94)Women are forbidden from working in dangerous, hard, or harmful work, or other works determined by a decision from the minister.

    Article (95)Women are forbidden from working in times other than that determined by a decision from the minister.

    Article (96)A workingwoman who spends in service more then one year, has the right to obtain a delivery leave of fifty days including the period that precedes the delivery or follows it provided that the period after delivery is no less than thirty-five days. This leave is granted upon a medical certificate issued by an authorized physician in which he mentions the proposed date of delivery.

  • If the remaining period of the leave after delivery is less than thirty days, the workingwoman may be given a complementary leave for her annual leave, or the complementary year will be considered an unpaid leave. If the health condition of the working woman after delivery prevents her from returning to work after the end of her leave mentioned above, she shall be considered in an unpaid leave provided that the period of quitting work is no more than sixty successive or irregular days, and in the condition of presenting a medical certificate about her health condition from the authorized physician.If a workingwoman has her delivery leave, she shall not leave her right of any other leave.

    Article (97)The breast-feeding working woman shall have the right to choose a daily breast-feeding hour for one year starts from the end of the delivery leave in addition to her right of a rest period provided for in article (73) of this law. The breast-feeding period is a part of the working time and doesn't reduce the wage.

    Article (98)The employer shall not terminate the work contract of the workingwoman because of her marriage or having a leave provided for in article (96) of this law. He shall not inform her about the termination of her work contract during this leave or send her a notice whose period ends during it.

    CHAPTER 10 - SAFETY, OCCUPATIONAL HEALTH AND SOCIAL CARE

    Article (99)The employer or his representative shall inform each worker about the danger of his work at the beginning of service, and about the other dangers that may occur and the ways to avoid them, and put in a clear place his detailed instructions about the means of health, and occupational safety to protect the workers from the dangers they are subject to during their work.

    Article (100)The employer shall take the necessary reserves to protect the workers during the work from any injury or sickness that may result from the works done in his establishment or from any accident, fault or damage in machines or equipment from fire. The employer shall make the workers hold or deduct from their wages any amount to provide some reserves. If the employer refrained from taking the said reserves, or in case of a danger threatening the workers' health or safety, the administration shall refer this matter to the minister to issue a decision to chose the place of work partially or totally, or stop the work of a machine or more, until the reasons of danger are gone and in this case, the employer shall undertake to pay the whole wages of the workers during the closing or dismissal period.

    Article (101)

  • The worker shall not do or refrain from doing any act to hinder the execution of the employer's instructions about reserving the health of the workers or their safety or to damage or deactivate any appliance or equipment prepared for this purpose. The worker shall use the safety appliances or clothes prepared for this purpose provided by the employer and the worker shall respect all his instructions to protect him from injuries and diseases.

    Article (102)The minister, after coordination with the competent authorities, shall issue the necessary decisions to regulate the corps that take care of health and occupational safety in the establishment, determine and regulate the services and reserves necessary to protect the workers during work from the work dangers, the machines, its means, levels, and regulate the means of protection from occupational diseases.

    Article (103)The employer shall take the arrangements to guarantee the cleanliness and ventilation in work places and provide it with appropriate lighting, drinking water, cleanliness, and water drainage according to the lists and decisions issued by the competent authorities in this respect.

    Article (104)The employer who hires a number of workers between five and twenty five, shall prepare for them a first aid box supplied with drugs, materials, and equipment designated by the competent medical authority, and the box shall be put in a clear place in the establishment and within the disposal of the workers, and shall be used by a worker trained on first aid. If the number of workers is more than twenty-five workers, the box is specialized for each group whose number is between five and twenty-five workers, if the number of workers is more than one hundred, the employer shall appoint a dedicated nurse and shall provide a first aid box. If the number of workers is more than five hundred, he shall prepare a clinic with a physician and a nurse at least.

    Article (105)Periodic medical tests shall be made to the workers subject to the danger of infecting with occupational diseases in the different activities on periods equivalent to the severity of the profession, according to the conditions decided by the competent authorities, in which the kinds of tests and its periods are determined. The employer shall reserve the results of these tests in the files of the workers, and if the medical test shows any infection of the occupational diseases, the employer shall inform the administration in three days from knowing the result of the test.

    Article (106)The employer who employs workers from regions far from the city and not reachable by the ordinary means of transportation, shall provide the following services:

    1- The appropriate means of transportation or accommodation or both of them.2- Drinking water3- Appropriate nutrients or the means to obtain them.

    These regions are designated by a decision from the minister.

    Article (107)

  • The employer who employs fifty workers shall provide for them the social services determined by a decision of the minister in respecting the nature of the work region, its conditions, and number of workers in the establishment.

    CHAPTER 11 - OCCUPATIONAL ACCIDENTS AND INDEMNITIES

    Article (108)If the worker died during his work or because of it or infected by any occupational accident, the employer or who ever represent him shall inform about the accident immediately to the police or the administration. The information shall also include the name of the worker, his age, profession, address, nationality, and a brief description of the accident and its conditions and the procedures taken to first aid and treat him. The police shall immediately do the necessary investigation and mention in the minutes the statements of the witnesses and the employer or his representative, the statements of the injured if his case permits so, and the minutes shall reveal the relation of the accident with the work. After ending the investigation, the police shall send a copy of the minutes to the administration and other copy to the employer, and the administration shall ask to continue the investigation if necessary.

    Article (109)The worker infected by an occupational accident shall have the right to receive treatment necessary for his case at the expense of the employer according to the decision of the competent medical authority. The worker shall receive a total wage during his treatment period or for six months, the closest period. If treatment persists more than six months, the worker shall receive half his total wage until he is treated totally or proved permanently disabled, the closest one.

    Article (110)The heirs of the worker who died because of work, and the worker infected with an occupational accident that caused a permanent total or partial disability, shall have the right to obtain indemnity which is determined according to Islamic Sharia provisions in case of death, and the occupational accident that causes a permanent total disability shall be treated as a case of death.The proportion of the partial disability to the permanent total disability is determined according to schedule (2) enclosed to this law, and the indemnity in this case is determined on basis of this proportion from the indemnity provided for in the previous paragraph.

    Article (111)The provisions of the previous articles are not applicable if any of the following is proved:

    1- The worker intended to hurt himself. 2- The worker was under the effect of a drug or alcohol at the time of the accident or death

    and the stimulus was the reason for his infection or death. 3- The worker violated on purpose the instructions of the employer to reserve his health or

    occupational safety or totally neglected the carrying out of these instructions. 4- If the worker refused to examine him or follow the treatment decided by the competent

  • medical authority without any serious reason.

    Article (112)If a conflict occurred between the worker and the employer concerning the ability of the worker to proceed working or other medical affairs connected with the infection, the disease or the treatment, the administration shall refer this matter to the competent medical authority and its decision in the matters within its competency is final.

    Article (113)The right to demand indemnity for disability or death is cancelled in one year from the date of the final medical report that assures the disability due to the infection or due to one of the occupational diseases mentioned in schedule (1) enclosed to this law, or from the date of the worker's death.

    Article (114)The employer shall pay indemnity for disability in no more than fifteen days from date of confirming disability or from date of declaring the result of the pro investigations about the disability because of work. The employer shall deposit the indemnity for death at the treasury of the competent court in no more than fifteen days from the date of death or from the date of declaring the result of investigations pro to the death because of work. And the court shall distribute the death indemnity on the heirs of the dead worker according to the Islamic Sharia or the Law of personal status in the country of the legator, and the indemnity shall be given to the public treasury if three years passed without determining the beneficiaries.

    Article (115)The employer shall give the administration each six months a statistics of the occupational accidents and diseases according to the patterns prepared for this purpose and according to the procedures issued by a decision from the minister.

    CHAPTER 12 - LABOR ORGANIZATIONS

    Article (116)The workers who work in an establishment whose Qatari workers are no less than one hundred shall have the right to found a committee named the labor committee, and it's not allowed to found more than one committee in the establishment. The labor committees in the establishments, who work in one profession or industry, or similar or connected professions or industries, shall have the right to found a general committee named (the general committee of the profession or industry workers).The general committees of the different professions and industries shall found a general union named (the general union of Qatari workers) The membership in the two committees and the general union of Qatari workers shall be limited to the Qatari, and the minister shall determine the conditions and procedures of founding the labor

  • organizations, its membership, order of work, and the identical or connected industries or professions.

    Article (117)Each of the labor organizations shall have the legal personality upon its foundation in virtue of this law.

    Article (118)The labor organizations shall take care of its members' welfare, defend their rights, and represent them in all the matters of work.

    Article (119)The labor organizations shall not:

    1- Practice any activity concerning the religious and political matters. 2- Prepare, print, or distribute publications that hurt the government or its conditions. 3- Enter in different financial competences.4- Accept donations and attributions unless by the approval of the ministry.

    The minister shall resolve the labor organization if it commits any of the previous forbiddens or makes an activity irrelevant to its purpose.

    Article (120)The workers may go on strike if they couldn't amicably solve their problems with the employer according to the following conditions:

    1- Approval of the three quarters of the general committee of profession and industry workers. 2- Granting the employer a delay of no less than two weeks before going on strike and the

    approval of the ministry on it after coordinating with the Ministry of Interior concerning the time and place of strike.

    3- Respecting the funds of the state or the individual properties or their safety and security. 4- Not going on strike in the vital utilities, i.e. Petrol, gas, and connected industries, electricity,

    water, ports, airports, means of transportation, and hospitals. 5- Not going on strike unless no other way led to solve the problem between the employer

    and the worker in virtue of this law.

    Article (121)The labor organizations shall put its main regulations according to the patterns issued by a decision from the minister, and which shall include in particular the following:

    1- The membership conditions and cases of its termination. 2- Rules and procedures of candidature and election. 3- Resources of financing the regulation and participation fees received from the members. 4- Disposal of its funds and control on financial acts and registers to be hold for this purpose. 5- Rules and procedures of its dissolving and disposal of its funds.

    Article (122)The employer shall not force the worker to join or disjoin any of the labor organizations or refrain from executing its decisions.

  • Article (123)The general union of Qatari workers, after the approval of the ministry, shall join any international or Arabic organization works in the field of labor organizations.

    CHAPTER 13 - COMMON COMMITTEES, COLLECTIVE NEGOTIATION AND COMMON AGREEMENTS

    Article (124)A common committee shall be founded in any establishment whose workers are thirty workers or more and it shall include representatives of the employer and the workers. The number of the common committee members are four, if the number of the workers are two hundred or less, and six if the number of workers is more than two hundred and less than five hundred, and eight if the number of workers is five hundred or more. The employer represents half of the committee members and the workers represent the other half.

    Article (125)The employer shall choose his representatives in the committee from the workers who legally represent him or delegated by him to practice some of his powers in the administration. The representatives of the workers in the committee are chosen as follows:

    1- If the establishment has a labor committee in, it chooses the representatives in the common committee from its members.

    2- If the establishment doesn't have a labor committee, the workers shall choose their representatives in the common committee through direct election.

    The minister shall issue a decision to regulate the conditions and the procedures of this election.

    Article (126)The common committee shall study and discuss all the matters of work in the establishment, and especially:

    1- Regulation of work2- Increase of production, its development, and promotion of productivity. 3- Programs of workers' training. 4- Means of protection from dangers and ameliorating the level of respect to the rules of safety

    and professional health. 5- Development of general culture of the worker. 6- Developing the level of social services in the establishment. 7- Studying the individual and collective conflicts and trying to settle them amicably.

    The committee shall present its recommendations concerning these matters to the employer to study the probability to consider them.

    Article (127)The employers and the workers shall have the right to collectively negotiate and conclude common agreements concerning the work.

  • The minister shall issue a decision to regulate the rules and procedures of collective negotiation, representation of its parties, rules that regulate the common agreements in its contract, content, field, its joining, period, explanation, and conflicts of its execution.

    CHAPTER 4 - COLLECTIVE CONFLICTS

    Article (128)The collective work conflict is a conflict between the employer and all his workers or some of them or between a group of employers and all their workers or some of them, whose subject is connected with a common welfare of all workers or group of them in an establishment, profession or certain handcraft, or in a certain professional sector.

    Article (129)If a conflict rises between the employer and some or all his workers, the two conflicting parties shall try to settle it between them; if the establishment has a common committee, the conflict shall be presented to it for settlement. If the trial of the two parties failed in settling the conflict, the following steps shall be followed:

    1- The workers present their complaint or request in written to the employer and send at the mean time a copy of the complaint or request to the administration.

    2- The employer shall reply in written the complaint or the request of the workers in one week from receiving the complaint or the request, and he shall send at the mean time a copy of his reply to the administration.

    3- If the reply of the employer doesn't settle the conflict, the administration shall interfere to settle it.

    Article (130)If the mediation of the administration doesn't settle the conflict in fifteen days from the reply of the employer, it shall refer the conflict to a conciliation committee to settle it, and this committee shall consist of:

    1- A president appointed by a decision from the minister. 2- A member chosen by the employer 3- A member represents the workers chosen according to second item of article 125 of this

    law. The committee shall ask the opinion of qualified persons before settling the conflict, and issues its decision in one week from referring it.

    This decision is obligatory to both parties if they agree in written to refer the conflict to it before its meeting to settle the conflict. If there is no written agreement in this respect, the conflict shall be referred to an arbitration committee in fifteen days and the arbitration shall be obligatory on both parties.

    Article (131)The arbitration committee is headed by a judge and its members are:

    1- Representative of the ministry chosen by the minister. 2- Representative of the Chamber of Commerce and Industry in Qatar chosen by the

  • Chamber President. 3- Representative of the workers chosen by the general union of Qatari workers.

    Article (132)The arbitration committee shall finally settle the collective work conflicts and issue its decisions by majority and when votes are equal, the vote of the president shall be applied. The committee in performing its duty shall know about the papers and documents and all evidences and oblige their holder to present them and enter the establishment to do the necessary investigation, and take the necessary procedures to settle the conflict.

    Article (133)The employer shall not close the place in which the workers work, stop the work, or refuse to employ any worker because of any conflict before settling any conflict with the knowledge of the conciliation or arbitration committee about it.

    Article (134)The minister shall issue the decisions that regulate the work of the arbitration and conciliation committees.

    CHAPTER 15 - INSPECTION OF WORK

    Article (135)The administration shall have a corps named (Work Inspection corps) which controls the application of the legislations concerning the protection of employers, and it shall have branches all over the state.The corps shall consist of a sufficient number of administration's employees designated by a decision from the minister, those employees are the work inspectors; it's allowed to cooperate with experts of different specialties when necessary.

    Article (136)The work inspectors shall take an oath in front of the minister before staring their work and undertake to respect the law and do their works in honest and loyalty and not to unveil any secret, industrial invention or other secret that they know from their work even if they quit their job later.

    Article (137)The work inspectors who are appointed by the public prosecutor in agreement with the minister shall have the capacity of judicial control officials concerning the application of this law and its executive decisions, and they shall carry cards that prove their capacity and shall show it to the employers while inspecting.

  • Article (138)The work inspectors shall have the following powers:

    1- Enter the work places in work time, day and night, without notice to examine the registers, papers, files or any other documents related to the workers to make sure that they conform to the prevailing legislations and control and prove the violating acts.

    2- Obtain samples of the used materials and common in the establishment, examine the machines and the different structures to make sure there are sufficient and effective means of protection to the workers from health dangers and occupational accidents and inform the employer or his representative about any samples or materials taken or used for this purpose.

    3- Inspect the workers' accommodation to make sure it fits the health conditions required. 4- Ask the employer or his representative or any worker separately or in the presence of

    witnesses concerning the application of this law.

    Article (139)The employer or his representative shall ease the task of the inspector and present to them the true statements about their task and to be present whenever he is asked to do so.

    Article (140)The work inspectors shall take the following procedures:

    1- Advice and guide the employer or his representative how to eliminate the contravention. 2- Notice the employer to eliminate the contravention and this notice shall include the kind of

    contravention and the required delay to eliminate it. 3- Deliver a minutes about the contravention and refer it to the administration to take the

    necessary procedures.

    Article (141)The ministry shall prepare an annual report about the labor inspection in the state, including all what is related to the control of the ministry on the application of this law, and it includes in particular:

    1- A statement of the provisions that regulate the inspection. 2- A statement of the number of the work inspectors 3- Statistics about the establishments subject to inspection and the number of workers in it,

    number of inspection visits done by the inspectors, the contraventions and its penalties, occupational accidents.

    The ministry shall publish this report by means it finds appropriate.

    Article (142)The minister shall issue a decision to regulate the inspection works and its procedures, and the administration hall prepare patterns of the inspection visits reports, the control minutes, contraventions and notices confirmations, inspection registers and others.

    CHAPTER 16 - PENALTIES

  • Article (143)Without prejudice to any more severe penalty provided by another law, the sanctions provided by the following articles shall apply to the offences provided by each of them.There shall be as many fine penalties as workers who were subject to said offences.

    Article (144)A fine not less than two thousand Riyal and not more than five thousand Riyal shall apply to whoever infringes the provisions of articles 7, 12, 19, 21, 22, 23, 27, 28, 35, 39 paragraph 2, 46, 47, 48, 57, 58, 73, 74, 75, 77, 91, 92, 95,97, 99, 106, 115 and 139 of said law.

    Article (145)A penalty of imprisonment for a period not exceeding one month and a fine not less than two thousand Riyal and not more than six thousand Riyal, or one of said penalties shall apply to whoever infringes the provisions of articles 29, 33, 86, 87, 88, 89, 90,93, 94, 103, 104, 105, 108, 122 and 133 of the present law.The court may, for the offences dealing with bringing along workers from abroad on behalf of third parties, decide, in addition to the penalties provided by the previous paragraph, to close the bureau and cancel the license.

    Article (146)A fine not less than five thousand Riyal and not more then ten thousand Riyal shall be the penalty of whoever abstains from implementing the decision of the Committee of Conciliation or Arbitration.