Qatar labour law Service contract responsibility probation period

Article 38- Qatar labour law Service contract and content in the contract

The Service Contract shall be made in writing and attested by the Department and shall comprise three copies, one copy to be delivered to each of the parties and the third copy to be deposited with the Department. The Service Contract shall specify the terms concerning the labour relationship between its two parties and in particular shall contain the following:

1. The name of the employer and place of his work.
2. The name, qualifications, nationality, profession, and residence of the worker and the proof necessary for his identification.
3. The date of conclusion of the contract.
4. The nature and type of the work and place of contracting.
5. The date of commencement of the work.
6. The period of the contract if the contract is of a definite duration.
7. The agreed wage and the method and date of the payment thereof.

If the service contract is not made in writing the worker may prove the labour relationship and the rights which have arisen therefrom by all means of proof.

Article 39 – Qatar labour law description on probation period

The service contract may contain a provision subjecting the worker to a probation period to be agreed on between the two parties provided that the probation period shall not exceed six months. The worker shall not be subjected to more than one probation period with the same employer. The employer may terminate the contract within the probation period if it has been proved to him that the worker is not capable of carrying out the work provided that the employer shall notify the worker thereof before at least three days from the date of termination.

Article 40- Qatar labour law Service contract Limited service contract and renewing an employment contract

If the service contract is of a limited duration, the duration thereof shall not be more than five years. This period may be renewed for a similar period or periods by agreement of the two parties. If the contract has not been renewed and the parties thereto continue to abide by it after the expiry of its duration without an explicit agreement, the contract shall be considered to have been renewed for an unlimited duration on the same conditions provided for therein.

The renewed duration shall be considered to be an extension of the previous duration and the period of service of the worker shall be calculated as starting from the date of his entering the service of the employer for the first time.

Article 41- Qatar labour law Service contract expiring of employment contract

If the subject-matter of the contract is the performance of a specific work, the contract shall expire on the performance of that work. If the work is by its nature susceptible of being renewed and the performance of the contract continues after the performance of the agreed work, the contract shall be considered to have been renewed for similar periods by agreement of the two parties.

Article 42 – Qatar labour law Service contract responsibility of employee while in contract

The worker shall undertake the following:

1. To perform the work by himself and exercise the care of the ordinary man in its performance.
2. To carry out the orders of the employer concerning the performance of the work if these orders do not include orders which contravene the law or the contract and if the carrying out of these orders does not subject the worker to danger.
3. Not to work for third parties for or without a wage.
4. To take care of the raw materials means of production, products etc. which are in his possession or under his disposal and to take the necessary steps for their safe keeping and maintenance.
5. To carry out the safety and professional health instructions prescribed in the establishment.
6. To cooperate in the prevention of the occurrence of accidents in the place of work or in the alleviation of the results thereof.
7. To continuously procure the professional and cultural development of his skills and expertise in accordance with the regulations and procedures prescribed by the employer in participation with the concerned authority within the limits of available facilities.
8. Not to disclose the secrets of the employer even after expiry of the contract.
9. Not to use the work tools outside the place of work without permission of the employer and to keep such tools in the places designated, therefore.
10. Not to accept gifts, remuneration, commission or sums in respect of the performance of his duties otherwise than from the employer.
11. To return on the expiry of the contract the non-consumed tools or materials at his disposal.

Article 43- Qatar labour law Service contract voiding terms and condition of service contract

Any condition in a service contract shall be void when it contains an undertaking by the worker to work for the rest of his life with the employer or to abstain from carrying out any craft or profession which may be carried out after leaving the work even if the contract is agreed before the coming into force of this law.

If the nature of the work allows the worker to know the clients of the employer or the secrets of the business of the establishment, the employer may stipulate that the worker shall not compete with him or participate in any undertaking competing with him after the expiry of the contract. Such stipulation shall be valid only if it is restricted as to its duration and place and to the type of the work to the extent necessary for the protection of the legitimate interests of the employer. The period of such undertaking shall not exceed two years.

Article 44- Qatar labour law Service contract on the responsibility of the employer

The employer shall undertake to enable the worker to perform the work and to provide him with all things necessary therefore, and if the worker attends the place of work and is willing to perform the work but could not do so for reasons beyond his control, he shall be considered to have actually done the work and be entitled to the advantages accruing therefrom.

Article 45- Qatar labour law for assigning work beyond employment contract

The employer may not ask the worker to perform other than the work agreed upon unless necessity so requires for the prevention of an accident or repair of what arises therefrom or in case of force majeure provided that the worker shall be paid the entitlement accruing therefrom.

As an exception from the foregoing, the employer may ask the worker to perform work other than the work agreed upon if it is temporary or if the work does not basically differ from the original work and if the request to perform that work does not entail an insult on the worker provided that the wage of the worker shall not be reduced.

Article 46- Qatar labour law Service contract on to make regulation for the organization

The employer who employs ten or more workers shall make regulations for the organization of the work in his establishment. The coming in to force of these regulations and any amendments thereto shall be conditional on their production to the Department for the approval thereof. If the Department does not notify the approval of such regulations within one month from the date of their submission they shall be considered to have been approved.

Such regulations shall be posted at a conspicuous place in the establishment for the perusal thereof by the workers and shall not be effective against them until the expiry of 15 days from the date of the announcement thereof.

The Minister may by a decision to determine the form of the regulations regulating the work for the guidance of the employers.

Article 47- Qatar labour law Service contract on preparing employee file

The employer shall keep a special file, for each worker where he shall deposit all papers and certificates concerning the worker and the decisions and instructions related thereto.

The employer shall keep the said file for a period of at least one year after the expiry date of the service of the worker with him.

Article 48- Qatar labour law on preparing workers register and content on the register

The employer shall maintain the following registers:

1. The workers’ register which shall, in particular, contain the names, nationalities, jobs, amounts of wage, date of commencement of work, marital status, academic and professional qualifications, leaves of the workers and the penalties inflicted upon him.
2. The wages’ register, where the names of the workers in the order of their engagement in the work, the amounts of daily, weekly or monthly wages, or piece or production wages and their additions in respect of every worker, the additional wages paid to them, the amounts of deductions and the net wages received by every worker.
3. The register of total penalties where the monetary penalties are inflicted upon the workers and the total amount thereof shall be entered.
4. The register of work injuries where the work injuries sustained by every worker shall be entered.
5. The end of service register where the names of the workers whose services have been terminated, the dates and causes of the termination and the entitlements paid to them or to their heirs shall be entered.