30012011 YOU AND THE LAW (QATAR)

~ QATAR – Answered as per Qatar Law

Shall the employee have the right to submit the resignation during the leave?

Qatari Labour Law No. 14/2004, concerning the termination of employment contract states that:

If the employment contract is for unlimited period, the parties thereto have the right to terminate it without any reasons. In such a case, the party which wants to terminate the contract shall notify the other party in writing as follows:

For labourers who are paid their wages annually or monthly, the notification shall be given before at least one month if the service period is five years or less. If the service is more than five years, the notice period shall be at least two months.

If the contract has been terminated without compliance with these periods, the party who terminates the contract shall pay to the other party a compensation equal to the labourer’s wage of notice period or the remaining part.

The resignation of the employee is considered as a termination of the contract by their side due to leaving the work. The Law states that:

SAUDI ARABIA: ROYAL PARDON COVERAGE & OVERSTAYERS REPATRIATION PROCEDURES

PHL Embassy Riyadh Advisory No. 007-2011

Last Update: 26 January 2011

The Philippine Embassy in Riyadh recalls that the Saudi Government had graciously announced on 22 September 2010 a Royal Pardon or Amnesty for a period of six months for those who overstayed their visas and violated residency rules.

The Philippine Embassy in Riyadh immediately sent on 22 September 2010 a Note to the Ministry of Foreign Affairs of the Kingdom of Saudi Arabia to clarify the coverage and procedures for the Royal Pardon. The Philippine Consulate General in Jeddah sent a note on the same subject to the Saudi MFA Makkah Branch on 25 September 2010.

Procedures to avail of Royal Pardon for Overstayers (Hajj, Umrah and Visit Visa]

On 1 January 2011, the Philippine Embassy in Riyadh received the Saudi Ministry of Foreign Affairs’ reply in Note No. 94/77/21403 dated 19 Muharram 1432 Hejira [25 December 2010] with the following information:

Ø       With reference to those who violated their hajj, umrah and visit visa, their fingerprints shall be taken by the Wafeeden Departments and then they shall be processed accordingly and allowed to leave.

Ø       With reference to those who are visitors [on family visit visa], They should proceed to the Directorate for Passports [Jawazat],

Ø       They should settle fees for extension of the visit visa [penalty is SR200 per month.  The SR10,000 penalty has been suspended for the period of the Royal Pardon.]

Ø       Their status should be corrected at the computer database [of the Directorate for Passports]

Ø       The visit visa holder is also required to present him or herself to the General Directorate for Passports or Jawazat in the respective regions for biometrics [fingerprinting] and finalization of his repatriation.

According to the authorities, all overstaying nationals, including those availing of the Royal Pardon, will be blacklisted from returning to the Kingdom.  Overstaying foreign nationals apprehended after the 23 March 2011 will be required to pay a heavy penalty and may be subject to imprisonment.

In its reply, the Saudi Ministry of Foreign Affairs did not include any mention of those with expired iqamas; those who came to the Kingdom for employment with a sponsor and have stayed beyond the validity of their iqama; or those who absconded from their original employer and seek repatriation.  It is therefore clear that, as mentioned in various news reports, absconding workers or TNTs are not included in the Royal Pardon or “Amnesty”.

Requirements for Repatriation of Overstayers – With Sponsor

Various officials of the Embassy and the Philippine Overseas Labor Offices in Riyadh, Al-Khobar and the Philippine Consulate General in Jeddah have made representations with the Saudi concerned authorities, particularly the General Directorate for Passports [Jawazat] and the Directorate for Expatriates [Wafeedin] and have been informed of the existing requirements for repatriation of absconding foreigners.

30012011 YOU AND THE LAW (UAE)

~ UAE – Questions answered by Advocate Mohammad Ebrahim Al Shaiba of Al Bahar Advocates and Legal Consultants

I worked in a company based in Sharjah; but six months ago, the company asked me to look for a job in another company due to non-availability of work for me and the unstable conditions of the company. Six months later, I returned to the company after failing to get a job in another company and I asked the employer to cancel my visa and to pay my labour dues, but he told me that I am not entitled to claim anything since I left the company for more than six months and that the law entitles the employer to terminate the employee in case of his absence from work for more than seven days without any dues. Please note that the employer did not report to the Ministry of Labour on this matter.

My question here is: what is the position of the law on this matter? Am I entitled by law to claim my rights in full including salaries for the said six months during which I did not work in the company? Please provide your advice in this regard, as the company has terminated me recently.

I would like to advice the questioner, if he failed to reach an amicable solution with the employer, to file a complaint before the Ministry of Labour claiming his labour rights in full, including salaries for the said six months even if he did not work during such period, as the employer is the one who asked the questioner to look for another job and this is against the labour law.

Also, the questioner may claim for compensation for the arbitrary dismissal, as according to the law, dismissing the employee from work due to his claim for his rights is deemed as arbitrary dismissal.

I have worked for one year only under a contract for unlimited period; the company where I am employed pays salaries every three months only due to the financial problems in the company according to the manager and that the company may be shut down if this situation continues.

My question here is: in the event of cancellation, is the matter of ban for six months still applicable as per the new law notes that it is said that the six months ban is no longer applicable at present and others say that it is applicable, therefore my question is: if the law of six months ban is applicable as per the new law, are there exceptions to such ban law?

30012011 YOU AND THE LAW (KUWAIT)

I am working in multinational company for the last 5 years, my contract is renewed every year (one year duration). I joined the company on Feb 15, 2006 and my last contract was renewed on Feb 15, 2010. The company is refusing to renew my contract for one more year and they are giving me a 15 days notice. My question is: As per new Labour Law am I entitled to a 3 month notice?

You must be given a 3-month notice regardless of what type of contract you have, especially since your contract has been constantly renewed every year. If you had been only on a one-year contract and the company had specified that your services would no longer be required after that then things would have been different. Once the contract is automatically renewed, then it no longer remains a limited-period contract and as such the 3-month notice is required

I have been working with a big group of companies for two years. I resigned in August 2010 and completed my three months stay as per resignation acceptance letter issued by authorized signatory of the company. After completing three months when I submitted my clearance form to my immediate boss (General Manager), he refused to sign it until I submitted certain reports which were never my responsibility and in reality I never had access to that information.
The legal department of the company is saying that only after my clearance form is signed by the GM will they sign the transfer/release of residence. My residence will expire on Dec 9, 2010.
What should I do? What options do I have?

If you are being asked to submit reports which were never a part of your duties and the GM refuses to sign your clearance, file a complaint with the Labor-Office in your area. If reports had been required from you, this information should have been passed to you when you resigned, not when the notice period is about to get over

30012011 YOU AND THE LAW (SAUDI ARABIA)

 I have been working for my present company for 17 years. As I understand it, the expiration date of my iqama marks the end of my contract period. If my iqama is due for renewal in January and I plan to leave the company, I should submit my resignation in writing at least 30 days prior to that expiration date.

Should I submit my resignation directly to my employer, or should I submit it through the Labor Office. Is there a special procedure to be followed? I tried to leave the company in 2008 and again in 2009, but the management lured me to stay back with the promise of a salary increase, which I never received. Lastly, my child's exams are in March. Can I ask my employer not to renew my iqama and extend my stay in the country until after my child's exams?

Your knowledge of the law is good. You should focus on negotiating with your employer. After 17 years of work, your employer does not have much justification for preventing you from resigning. If he doesn't give you a raise and you decide to resign, inform your employer in writing at least one month (30 days) prior to the expiration date on your work/residency visa. You should include your request to be allowed to remain until after your child's exams. Considering the long period you have been with the company, your employer doesn't have a legitimate reason not to agree to this request. In case he is adamant and denies your request, file a complaint at the Labor Office in your area.

I would like to ask you about the system for workers who work in a company without sponsorship.  I heard there is punishment announced by the Ministry of Interior for the company which hires such people and the workers who work without sponsorship. If that is the case, to whom can we complain for what happened to us as expatriate workers, against those who sponsored us illegally?  

AMNESTY / DEPORTATION GUIDELINES FOR OVERSTAYING VISITORS IN KSA

PCG Jeddah Advisory No. 2011/001

Last Update: 07 January 2011

The Ministry of Foreign Affairs of the Kingdom of Saudi Arabia (KSA) recently issued a set of procedures for the deportation of visitors with expired umrah, hajj or visitor visa. The guideline that was issued is Circular Note No. 91/74/27523/31 and it aims to inform all Consulates in Saudi Arabia about the Royal Amnesty that they are granting for all overstayers. The Royal Amnesty of the Kingdom of Saudi Arabia was announced last September 23, 2010 and is effective from September 25, 2010 until March 23, 2011.
 
The amnesty is given to overstayers who would voluntarily go to the authorities and to those who are detained for illegal stay. Part of the reason why the amnesty was granted is to solve the problem of overcrowding at the Jeddah Deportation Centers. Listed below are the guidelines for the Royal Amnesty:
 
1. For violations of the Saudi Law No. M/51 dated 21/8/1426H Police authorities will provide the Saudi Labor Offices with copy of the police report on cited violations.

The Saudi Labor Office will then decide on the overstayers' labor cases by applying applicable regulations.

The Saudi Labor Office shall also inform the sponsors of the overstayers to present themselves to the Saudi Labor Office.

The overstayers may continue working until their labor cases are resolved.
 
 
2. For violations of legal residents and Saudi nationals (without distinction) such as employing, transporting, helping or harboring those with no legal iqamas such as Hajj or umrah pilgrims or visitors or tourists and the like The arresting authority will surrender the violator to the Directorate for Expatriates (Wafeeden) of the General Directorate of Passports.

The Wafeeden Directorate shall conduct an investigation and shall take the biometric information (fingerprinting and eye scan) of the individual

 
The Wafeeden Directorate may release the violator after presentation of guarantee (kafala) and penalty acceptable to the GDP (Jawazat) after it assured that any decision issued by the Administrative Committee of the General Directorate for Passports (Jawazat), either for repatriation or imprisonment, may be implemented.
 
 
3. For violators of the terms of the hajj, umrah, visitor or tourist visa Upon arrest, the police authorities will turn them over to immigration authorities for investigation and biometric documentation (fingerprinting).

The owner of the hajj, umrah, tourist company or the visitor's sponsor shall be summoned by the Jawazat and shall be asked to provide their passports and airline tickets.

The Jawazat will issue deportation visas and will release the violators under the guarantee of a sponsor who must submit proof of their departure within two (2) weeks of such issuance.

Failure on the part of the sponsor to submit proof of the departure could result in the suspension of his personal records and activities in the government's computer system.
 

4. For those who overstayed their umrah/hajj visas but who voluntarily surrender For those who present their original passports and tickets, the Directorate for Expatriates (Wafeeden) of the General Directorate for Jawazat shall subject them to investigation and routine security checks before they are issued exit visas and are allowed to depart.