A/HRC/44/57/Add.33
counted as work hours. The maximum daily working hours determined by the legislator are
10 hours provided for by the standard employment contract drafted by the Ministry of
Administration Development, labour and Social Affairs. In its fourth article under the title
“normal daily working hours and rest periods” it states that the employee agrees to work for
eight hours daily, as normal working hours, including periods of worships, rest and meals,
but not count within the working hours, and it is allowed to employ the worker two additional
hours daily so that the maximum work hours become ten hours daily. The nature of work
relations between employer and employee are governed by the Work Contract which
determines the normal working hours as being only 8 hours. i/e The work relationship
between the domestic worker and the employer did not deviate from the relationship between
the worker and the employer that exists in the labor law. The nature of domestic work is
totally different from that at factories and other work sites, as domestic work may include
long periods of rest. Thus, the legislator did not see any need to design a certain regulation
for the periods of rest.
(b)
The employer is obliged to provide decent residence and meals for the
employee as well as suitable medical care, medicine and other medical necessities as soon as
he is ill or if he is injured during work or for reason of work, not obliging the employee with
any financial burdens, and treating him well in a manner that preserves his dignity and the
integrity of his body and not to expose the employee or his health to risk, harm him physically
or psychologically. The employer shall not employ worker during his daily rest periods,
medical leave or weekly holidays if there is no agreement to the contrary between the two
parties.
(c)
Obliging the employer to pay the agreed monthly wage in the Qatari currency
at the end of each month and no later than the third day of the next month.
(d)
Regulation matters of annual leaves and end of service gratuity: the employee
deserves an annual paid leave for each year of work spent on service, 3 weeks and a ticket.
Also, the legislator obliges the employer to pay the employee at the end of his service a
gratuity as well as any other remaining amount owed to the employer. The gratuity is
estimated to be equal to the salary of three weeks for each year’s service.
(e)
Identifying cases of termination of the employment contract by the employer
before the expiry of its term.
(f)
Disputes arising between the employer and the employee that relate to the
application of the Domestic Workers Law or the employment contract are governed by the
provisions of Chapter "11th bis" of the Labor Law No. 14 of 2004.
(g)
Compensating the employee for work injuries in accordance with the
provisions of the Labour Law referred to above.
viii) Imposing penalties for violators of the provisions of the law amounting to
10,000 QAR.
(h)
The law also permits the employee to terminate the employment contract
before its term, while retaining his right to the end of service gratuity, in the following cases:
If the employer violates his obligations under the employment contract or the provisions of
the law. If the employer, or his representative, commits fraud against the employee regarding
the terms of employment. If the employer or a member of his family assaulted the employee
in a manner that harms him physically or jeopardizes his life. If the employer, or one of his
representatives, knows that there is an imminent danger that threatens the safety or health of
the employee and does not act to remove it.
2)
The Ministry of Administrative Development, Labour and Social Affairs has
established a section to receive and resolve complaints of domestic workers, where the
competent department receives complaints directly from domestic workers through social
media, as the complaint shall be recorded on the same day and an appointment is made with
the employer the next day to try to settle the dispute amicably. If the two parties accept the
outcome of such settlement, what has been agreed upon will be proven in a record that has
executory force. If the two parties fail to reach a settlement, the complaint shall be referred
to the labour dispute resolution committees, in a manner that ensures speedy settlement for
the dispute and guarantees the employee's rights and entitlements urgently.
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