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.