As per the Article 49 of the Qatari labor law, the employee has right to resignation from the current employment and fulfill the criteria of notice Period mentioned in the law of the state even though employer refuses the employee resignation.
Below we have given different kind of service contract and the procedures which need to follow in those categories to fulfill the criteria to claim the right under new qatar labor law.
In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination. If the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
In all other cases the notification shall be given in accordance with the following periods:
A) If the period of service is less than one year the notification period shall be at least one week.
B) If the period of service is more than one year and less than five years
C) the notification period shall be at least two weeks.
D) If the service period is more than five years the notification period shall
E) be at least one month.
If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.
The employer is also required by the law (Article 50) to pay the worker his salary in full for the notice period as long as the employee fulfils all his obligations in the usual manner. The article further states that the employer must give the employee ample time to look for a new job.
Per Article 51 of the labour law, an employee is well within his/her rights to terminate the contract before its expiry date, in case the contract is of limited duration, and the employee is not required to give any reasons to the employer for the termination and yet retain the right to end of service benefits in the following cases:
If the employer commits a breach of his obligations under the service contract or the provisions of this law.
If the employer or his responsible manager commits a physical assault or immoral act upon the worker or any of his family member.
If the employer or his representative has misled the worker at the time of entering into the service contract as to the terms and conditions of the work.
If continuance with the work endangers the safety and health of the worker provided that the employer is aware of the danger and does not take the necessary steps to remove it.
To be absolutely safe about the whole thing, if your employer is refusing to entertain your resignation even though you have followed all the rules in letter and spirit, the best thing to do would be to approach the Ministry of Labour with your complaint, to have all your bases covered.
