An employee upon termination of his employee contract is entitled to End Of Service Gratuity and Leave Salary. As per the Article 54 of Qatar Labour Law (No. 14 of 2004), the employee is eligible for a minimum of three weeks basic salary for each year of employment as the End Of Service Gratuity.
According to Article 81 of Qatar Labour Law, If the employment contract is terminated before a worker takes his annual leave for any reason, he is entitled to payment in lieu of annual leave equivalent to his salary for the leave days which he is entitled.
It is the responsibility of the employer to repatriating the employee back to his place or any place agreed by the parties upon termination of the employment contract. The obligation shifts to another employer when the worker gets recruited by another company..
In addition to any amount due to the employee at the end of his service, the employer shall pay him a gratuity for the period of his service in accordance with this Law, for a minimum period of one year of service.
- This gratuity shall be calculated as follows:
- A basic salary plus a cost of living allowance, if any, for three weeks against each year for the first five years of the employee’s continuous service.
- A basic salary plus a cost of living allowance, if any, for four weeks against each year of service for the second five years of his continuous service.
- A basic salary plus a cost of living allowance, if any, for five weeks against each year of the next ten years of his continuous service.
- A basic salary plus a cost of living allowance, if any, for six weeks against each year of service exceeding twenty years of his continuous service.
3. After the first year of continuous service, the employee shall become entitled to the said gratuity for any part of the next year and prorated accordingly.
4. Where the employer terminates the employee after eleven (11) months of continuous service under conditions other than those stated in Article 20 above, and then reappoints him within two months from the date of terminating him, the employee’s service shall in this case be considered continuous and uninterrupted for the purposes of applying this Article.
5. The employer shall have the right to deduct from the employee’s gratuity any amount owed by the employee to the employer
Will Gratuity Be Higher If Employee Has Worked For More Than 5 Years?
As per the Law, The employer and the employer shall agree upon a gratuity, provided that it should not be less than three weeks remuneration for each year of employment. The clause saying that workers should be paid higher if the employee has been working for 5-10 years and much higher if the employee has been working for more than 10 years was part of the old labour law which is not valid anymore.
In Case Of Worker’s Death, Will Gratuity Be Paid?
As per Article 55 of Qatar Labour Law, If an employee dies during service regardless of the cause of death, the employer shall deposit wage or other entitlements due to worker in addition to the end of service gratuity with the treasury of the competent court within a period not exceeding fifteen (15) days from the date of death. The Competent court will distribute the deposited amount to the deceased worker’s heirs in accordance with Islamic Sharia provisions.
Can The Employer Terminate Employee Without Gratuity?
As per Article 61 of Qatar Labour Law, there are situations under which an employee can be dismissed by the employer without the payment of the end of service gratuity. Some instances include:
- Violation of written instructions concerning worker’s safety.
- Worker intoxicated at work.
- Disclosure of employer’s secret information.
As per the Qatari Labor Law, the gratuity payment is calculated as follows:
An employee who completes at least one year of continuous service with an employer is entitled to a gratuity payment of 3 weeks’ basic salary for each year of service.
An employee who completes more than 5 years of continuous service with an employer is entitled to an additional one week of basic salary for each year of service over and above the first five years.