Posted on behalf of a friend:
A friend of mine would like advice on wether his entitled gratuity pay even tho it stated on his contract that he is not entitled.
According to Gulf news, wether they put this agreement or not on the contract it doesn't make any difference, employees are still entitled with it in the end of their service.
His been working here in Qatar ( same company ) for 8 and a half years and on the process of changing contract to a different company. Just wondering if anyone experienced this and have more knowledge about it.
there is a glitch in the law however:
the law says 3 weeks not 21 days
so 8.5 years = 8.5x3= 25.5 weeks
IF 1 month= 4 weeks than 25.5 = 6.375 months = 44.625 QR
so depends on how the accountant do the math.
again MIMH is correct:
8 years and a half = 8x21 + 21/2 = 178.5 days
so u should get:
if ur last salary is 7000 u get 7000/30x178.5= 41.650 QR
Incorrect. Gratuity is based on last basic salary only.
He is entitled to get his gratuity as 21 days of every year. The accounts should carried over every year based on his salary of year completion as per joining date. eg: if 1st year:5000 = 3499,2nd)5500=3849,3rd)5500=3849,4th)6000=4200,5th)6000=4200,6th)6000=4200,7th)7000=4899,8th)7000=4899= Total he should take=Qr33,595.....This is how it might works. But he is releasing from the current company,the company shall go for a bargaining for gratuity, either you will have NOC or Gratuity. Many does like that way!!
I dont have that as well... But it will be mentioned that this should be as per Qatar Labor Law
as i said above, 2003 is irrelevant:
"even if it was made prior to the date of application of this law"
Thank you all for the info....
When he signed the contract on 2003 they had written on the contract that he is not entitled to gratuity and never thought anything about it till now that his going to move to a different company.
It is clearly stated in the law. Yes, he can claim it and if the bosses don´t agree, he can go to Court (at least threaten them about it... know from cases where it did work, sorry I got no the lawyer details...) One of the few things that I must agree are fair over there. Regards!
The entitlements prescribed by this law represent the minimum entitlements of theworkers and any stipulation contradicting the provisions of this law shall be void even if it was made prior to the date of application of this law unless the said stipulation is more advantageous to the workers and any release, compromise or waiver of the entitlements prescribed for the worker by this law shall be deemed void.
Of course they are still entitled. The Law of the State of Qatar takes precendent over an individual contract.
Normally the End of Service Gratuity term effective of 06/01/2005 will be mentioned in the Contract and a copy of the same signed by the Employer and Employee should be given to the Labour Department. The employee is entitled for 3 weeks of the last basic salry for every year of service, provided he has completed one year of continuous service. I don't understand why the end of service is not mentioned in the contract.