A/HRC/44/57/Add.33
(h)
Article (51) of the Qatari Labour law provides that a worker can terminate his
employment contract before the expiry of the term if the contract is for a limited or unlimited
term without notifying the employer, while maintaining the end of service gratuity if the
employer has breached his obligations that are legally prescribed and agreed upon in the
contract, or if he has misled him with regards to work conditions, physically or ethically
assaulted the worker or any members of his family, or if the employee is subject to a risk
against which he has not been protected by the employer. In such cases the employee has the
right to leave work without bringing the matter to court. It is not allowed that the worker
abandon or give up his right, because in this case the right of the worker relates to the public
order and the employee has the right to resort to the legal authorities to protect him, and if
necessary to provide him with shelter. Thus, there is nothing called absconding in Qatari
legislation.
(i)
Law No. (1) of the year 2015 amending certain provisions of the Labour Code
in order to begin the application of Wages Protection System for the workers subjected to the
provision of the Employment Law which obliges remittance of pay to worker’s account at
any of the State’s financial institutions. Wages System has developed a mechanism
controlling violations to this obligation, by implementing Electronic Auditing on enterprises
subjected to the System, and imposing penalties on companies delaying payment of
employees’ salaries. There are also penalties not exceeding one-month imprisonment and a
fine not less than 2,000 QAR and not more than 6,000 QAR, imposed for violating the
System. In addition, the Ministerial decree no. (4) of the year 2015, was issued to control
Workers’ Wages Protection System for employees who are subject to the labour law that
obliges the employer to transfer wages to the Financial Institutions within 7 days of their due
date. In the event of violation, the Minister of the Ministry of Administration Development,
Labour and Social Affairs may stop issuing any new work permits and block all dealings of
the employer who violates the decree, excluding the authentication of Labour Contracts in
order that the measures taken against the employer do not affect the interests of the employee.
Since the inception of the New System in 02.11.2015, the System has applied to the majority
of the corporations and firms subject to the labour Law to ensure the rights of workers to
receive their wages in time (in line with the final observations of the Committee of
Elimination of Racial Discrimination on addressing refusal to paying the wages).
(j)
The Ministry of Administrative Development, Labour and Social Affairs has
launched a number of inspection campaigns aiming to monitor Small and Medium
Enterprises, sub-contracting firms and companies of labour force transferring their labour
wages to the financial institutions. Teams of the department of Labour Inspection of the
Ministry move to different areas of the State and conduct field survey operations in order to
monitor compliance of companies and business enterprises with the Wages Protection
System.
(k)
The number of criminal reports for reasons of not paying wages reached 1164
cases during 2018, all being referred to judiciary by the Resident Affairs Prosecution. Below
are statistics on ceased cooperation with the violating companies during 2018-2019.
Statement
2018
2019
Steps of stopping the mechanical dealing with
companies, done by the Ministry for reasons of
violating the System.
30549
43013
Total of claims submitted to the wages protection
system
30317
42912
(l)
In the framework of the project of technical cooperation with the ILO the
Ministry made an evaluation of the Wages Protection System to identify the loopholes and
submit recommendations for improvement. The results of the report highlight an advanced
System for Wages payment monitoring with huge capabilities and gives a number of
recommendations aiming to increase the effectiveness of the System. The Ministry and Qatar
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