Employment Regulations
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Enactment Notice
QATAR FINANCIAL CENTRE
REGULATION NO. 10 OF 2006
QFC EMPLOYMENT REGULATIONS (AMENDED)
These regulations are hereby enacted pursuant to Article 9 of Law No. (7) of 2005
Ali Ahmed Al-Kuwari
Minister of Commerce and Industry of the State of QatarAli Sharif Al-Emadi
Minister of Finance of the State of QatarIssued at: The Qatar Financial Centre, Doha
On: 16th June 2020
Corresponding to: 24-Shawwal-1441
Part 1: Part 1: Application, Interpretation and Commencement
Article 1 - Citation
These Regulations may be cited as the Employment Regulations.
Article 2 - Application
(1) These Regulations shall apply in theQFC .(2) These Regulations shall apply to:(A)Employees of theQFC Authority , theRegulatory Authority ,the Civil and Commercial Court and theRegulatory Tribunal ;(B)Employees ofQFC Institutions ; and(C)Employees ofQFC Entities .(3) These Regulations shall not apply to persons who are employed as consultants or agents and those persons hired by any of theEmployees identified in Article 2(2) who provide domestic services for suchEmployees .(4) Subject to Article 25A, no laws, rules and regulations of theState relating to employment shall apply toEmployees whose employment is governed by these Regulations.Amended (as from 18th July 2019) Article 3 - Commencement
These Regulations shall come into force on the date of their signature by the Minister.
Article 4 - Language
(1) In accordance with Article 9 of the QFC Law, these Regulations are written in the English language and the English text thereof shall be the official original text. Any translation thereof into another language shall not be authoritative and in the event of any discrepancy between the English text of these Regulations and any other version, the English text shall prevail.(2) All contracts and other documents and written instruments provided for in these Regulations shall be made in the English language.(3) TheEmployer may accompany such contracts, documents or written instruments with translations into other languages but in case of any difference the English text shall prevail.Article 5 - Definitions and interpretation
The definitions of the words and expressions used in these Regulations and interpretative provisions applying to these Regulations are set out in Part 13.
Amended (as from 18th July 2019) Part 2: Part 2: Employment Standards Office
Article 6 - Establishment of the Employment Standards Office
(1) AnEmployment Standards Office shall be established by theQFC Authority pursuant to Article 6 of the QFC Law.(2) TheEmployment Standards Office shall administer these Regulations and all aspects of employment within theQFC .(3) TheEmployment Standards Office shall be managed by theQFC Employment Standards Officer who shall determine its procedures and management.(4) TheEmployment Standards Office shall be subject to the supervision of theQFC Authority which shall have the power and function to:(A) ensure that theEmployment Standards Office exercises its statutory powers and performs its statutory functions;(B) review the performance of theEmployment Standards Office and the use of its resources; and(C) give theEmployment Standards Office written directions as to the furtherance of any of its objectives or the performance of its functions.(5) TheQFC Authority may make rules to the extent set out in theQFC Law , these Regulations and any other Regulations conferring powers, duties or functions on theQFC Authority as it deems necessary or appropriate to enable it, the Employment Standards Office and the Employment Standards Officer to implement, carry out or enforce their duties, functions and powers under theQFC Law , these Regulations and any other Regulations.(6) The Ministry of Labour, the Ministry of Interior and all other relevant Ministries andState authorities and bodies shall cooperate with theQFC Employment Standards Office and provide all necessary assistance to achieve the objectives of these Regulations.Amended by QFC Reg 2012-1 (as from 11th April 2012) Article 7 - Role and functions of the Employment Standards Office
The
Employment Standards Office shall have the following functions:(1) to investigate any contravention of, and to enforce, these Regulations;(2) to maintain relations with allState authorities involved in matters addressed in these Regulations, to coordinate with such authorities in the implementation of these Regulations and any rules, policies or orders issued thereunder, to provide such authorities with any documents or material to which they a have right under these Regulations and any applicable laws, rules or regulations of theState , and to represent theQFC in dealings with such authorities;(3) to keep and maintain in such form as it shall determine a register in respect of eachEmployee , to record in such register all documents and information which falls to be filed with or delivered to theEmployment Standards Office in respect ofEmployees ; and(4) all other functions provided for in these Regulations considered by it to be necessary, desirable or appropriate to achieve, further or assist in relation to any of the above.Part 3: Part 3: General
Article 8 - No waiver of minimum standards
(1) The requirements set out in these Regulations are minimum requirements and a provision in an agreement to waive any of these requirements, except where expressly permitted under these Regulations, has no effect.(2) Nothing in these Regulations precludes anEmployer from providing in any contract of employment, terms and conditions of employment that are more favourable to theEmployee than those required by these Regulations.(3) A contravention of these Regulations constitutes a contravention of a Relevant Requirement under the QFCA Rules.Amended (as from 18th July 2019) Article 9 - Calendar
The periods and dates indicated in this law shall be calculated according to the Gregorian Calendar. A calendar year means 365 days and a calendar month means 30 days.
Article 10 - Minors
An
Employer shall not employ a person who is under 18 years of age except with the consent of the legal guardian of such person and pursuant to rules issued under these Regulations.Article 11 - Liability of Employer for Employees' conduct
(1) AnEmployer is liable for any act of anEmployee done in the course of employment.(2) AnEmployer is not liable for an act of anEmployee if theEmployer proves it took reasonable steps to prevent theEmployee from doing that act, or from doing, in the course of employment, acts of that description.Article 12 - Immigration
(1) TheEmployer shall obtain anEmployer's Identity Card from theQFC Immigration Office in accordance with Article 8 of theImmigration Regulations .(2) EveryEmployer ofSponsored Employees must comply with theImmigration Regulations and all otherQFC Regulations.Article 13 - NOT USED
Deleted (as from 18th July 2019) Article 14 - Records
(1) TheEmployer shall maintain the following records:(A) in respect of eachEmployee : his name, date of birth, nationality, job title, salary, date of commencement of employment, sponsorship status, academic and professional qualifications, annual and sick leave taken and any disciplinary measures taken against him;(B) a payroll register showing the amounts of salary paid in respect of eachEmployee , any additional wages paid to theEmployees , and the amounts of any deductions and the net wages received by eachEmployee ;(C) a register of any work injuries showing the work injuries sustained by anyEmployee ;(D) an end of service register containing the names of theEmployees whose services have been terminated, the dates and causes of the termination and any entitlements paid to them.(2) All of the above records shall be in English, updated as necessary, and kept at theEmployer's principal place of business in theQFC and retained by theEmployer for two (2) years after the employment terminates. If theEmployer leaves theQFC prior to the expiry of the above two (2) year period theEmployer must retain all of the above records at such place and in such form that permits such records to be accessible within a reasonable time for the remainder of the two (2) year period.(3) The Employment Standards Office may request an Employer to provide it the information contained in the above records.Amended (as from 18th July 2019) Part 4: Part 4: Non-Discrimination
Article 15 - Prohibition on Discrimination
(1) Discrimination for purposes of these Regulations means a distinction based on personal characteristics relating to sex, marital status, race, nationality or religion, mental or physical disability that has the effect of imposing burdens, obligations or disadvantages on a person not imposed upon other persons or that withholds or limits access to opportunities, benefits and advantages available to other persons under these Regulations. In the case of mental or physical disability, such condition shall not constitute a basis for a discrimination claim unless it is of a long-term nature, generally no less than twelve (12) consecutive months in duration.(2) AnEmployer shall not:(A) refuse to employ or refuse to continue to employ a person; or(B) discriminate against a person regarding employment or any term or condition of employment,because of that person's sex, marital status, race, nationality, religion, mental or physical disability, unless there is a bona fide occupational requirement.(3) For the purposes of these Regulations anEmployer discriminates against a disabled person if theEmployer fails to make reasonable adjustments to any physical feature of the workplace or practices that would, if made, enable the disabled person to otherwise meet the bona fide occupational requirements.(4) The Employment Standards Officer may determine what constitutes a bona fide occupational requirement under these Regulations.(5) AnEmployer must have policies and procedures implementing the requirements of this Article and must ensure they are known by theirEmployees .(6) AnEmployer may confer uponEmployees who are of Qatar nationality benefits, including but not limited to, an increased salary, allowances, pension contributions and other entitlements that may be more than the benefits conferred uponEmployees who are not of Qatari nationality. For the purposes of these Regulations, conferring such benefits shall not constitute a breach of the prohibition of discrimination.Amended (as from 12th May 2016) Part 5: Part 5: Whistleblowing
Article 16 - Whistleblowing
Any person who in good faith raises concerns about or reports crimes, contraventions (including negligence, breach of contract, breach of law or requirements), miscarriages of justice, dangers to health and safety or the environment and the cover up of any of these by their
Employer shall not be dismissed or otherwise penalised directly or indirectly for such acts, including in respect of any prohibition against disclosure of non-public information.Part 6: Part 6: Employment Terms
Article 17 - Employment contract
(1) TheEmployer shall give eachEmployee a written employment contract which shall include at a minimum:(A) the name of theEmployer and theEmployee ;(B) the date of commencement of employment;(C) theEmployee's salary or method of calculation of salary;(D) the intervals at which the salary is paid;(E) the job title or job description;(F) whether the employment is for a specified fixed term or of unlimited duration;(G) the place of work;(H) any terms or conditions relating to hours of work and annual and sick leave;(I) reference to any disciplinary rules and/or grievance procedures applicable to theEmployee ; and(J) any other matter that may be prescribed in any rule, policy or order issued under these Regulations.(2) Employment contracts may be for a fixed term or for an unlimited duration.(3) Where annual leave, holidays, hours of work and sick leave are not specified in the employment contract the terms included in these Regulations will be implied in the employment contract.Amended by QFC Reg 2012-1 (as from 11th April 2012) Article 17(A) - Part-Time Employees
(1) APart-time Employee is anEmployee who works fewer hours than the standard full-time working hours determined by the Employer. APart-time Employee may work:(A) the same number of days in a week as aFull-time Employee , but fewer hours;(B) the same number of hours in a day asFull-time Employee , but fewer days; or(C) fewer hours and days than aFull-time Employee .(2) Unless expressly provided otherwise in these Regulations, aPart-time Employee has the same rights conferred by these Regulations as aFull-time Employee .(3) The entitlements of aPart-time Employee must be calculated on a pro-rata basis.(4) However, if aPart-time Employee works the same number of days in the week as aFull-time Employee , the number of days entitlement to each of the following must be calculated as if thePart-time Employee were aFull-time Employee :(A) annual leave;(B) maternity leave;(C) notice period;(D) public holidays; and(E) sick leave.(5) In addition to the requirements of Article 17, the Part-time employment contract must specify the following:(A) hourly basic rate of pay, if applicable.(B) number of working hours per day or per week.(C) number of working days per week or per month.Inserted (as from 18th July 2019) Article 17(B) - Fixed-Term Employees
(1) A Fixed-term Employee is an Employee who works under an employment contract that has a commencement date and an expiry date.(2) A Fixed-term Employee's contract ends on the expiry date without need to give notice, unless the parties agree in writing to renew it.
If the fixed-term contract is not renewed but the parties continue to abide by its terms after its expiry, the contract is deemed renewed on the same terms and conditions (other than its duration) for an indefinite period. The Employee's total period of service must be calculated from the date the Employee commenced employment with the Employer for the first time.(3) A Fixed-term Employee has the same rights conferred by these Regulations as an Employee under an indefinite contract.(4) A Fixed-term Employee's contract can be terminated before the expiry of the agreed term only in the following circumstances:(A) in writing, by mutual agreement of the Employer and Employee; or(B) for cause, in accordance with Article 24 of these Regulations.Inserted (as from 18th July 2019) Article 18 - Probation period
(1) The employment contract may contain a provision subjecting theEmployee to a probation period, provided that the probation period shall not exceed six (6) months.(2) TheEmployee shall not be subjected to more than one (1) probation period with the sameEmployer except for cause.(3) If such a probation period exists theEmployer may terminate the employment contract within the terms of the probation period if it determines that theEmployee is not capable of carrying out the work for which he has been employed. In such a case theEmployer shall give theEmployee no less than two (2) weeks written notice.Article 19 - Obligations of Employees
(1)Employees shall, except as specified by theirEmployers or as set forth in their employment contract:(A) attend to their duties and exercise the care of the reasonable person in the performance of their employment;(B) perform their job themselves and exert normal efforts in performing their duties;(C) carry out the orders of theEmployer concerning the performance of the work provided that the orders do not contravene theQFC Law or any regulations, rules, policies or procedures issued thereunder, the criminal laws of theState or the employment contract and provided that the carrying out of these orders will not subject theEmployee to danger;(D) not work for third parties (with or without payment) without the consent of theEmployer ;(E) take care of any raw materials, means of production, products, or other items which are in their possession or at their disposal and take necessary steps for their safe keeping and maintenance;(F) comply with safety and professional health instructions prescribed by theEmployer ;(G) co-operate in the prevention of the occurrence of accidents in the place of work or in the alleviation of the results thereof;(H) continuously procure the professional development of their skills and expertise in accordance with the regulations and procedures prescribed by theEmployer within the limits of available facilities;(I) not disclose any confidential information of theEmployer except consistent with the terms of their employment or these Regulations;(J) not use work tools or equipment outside the place of work without the permission of theEmployer and keep such tools or equipment in the places designated therefore;(K) not accept gifts, remuneration, commission or sums in respect of performance of their duties except consistent with the terms of their employment; and(L) return on the expiry of the employment any equipment, tools or unused materials at their disposal to theEmployer .Article 20 - Restrictive covenants
Any provision in an
Employee's employment contract that provides that theEmployee may not work on any similar projects or for a company which is in competition with theEmployer must be reasonable, must not constitute an unreasonable restraint on trade, and must be appropriate to the circumstances of theEmployee's employment with theEmployer .Article 21 - Impossibility of work
The
Employer shall undertake to provide theEmployee with all resources needed to carry out his work. If theEmployee arrives at his place of work ready to perform his duties but cannot do so due to reasons beyond his control, theEmployee will be regarded as having worked and shall be entitled to all benefits stipulated in his employment contract.Article 22 - Work description
Unless otherwise stated in the employment contract, the
Employer may change theEmployee's job title, work description or location within theState from time to time, and must provide prompt notice to theEmployee of such change or changes. If a condition of employment is substantially altered, theEmployee may seek a determination from theEmployment Standards Office that his employment has been constructively terminated.Article 23 - Termination of employment with notice
(1) Except as otherwise provided for in these RegulationsEmployers andEmployees must provide notice of their intent to terminate employment.(2) The notice required to be given by anEmployer orEmployee to terminate anEmployee's employment, where theEmployee has been continuously employed for one (1) month or more, shall not be less than:(A) two (2) weeks if the continuous period of employment is less than three (3) months;(B) one (1) month if the period of continuous employment is three (3) months or more but less than five (5) years; and(C) three (3) months if the period of continuous employment is five (5) years or more.(3) All such notices shall be given to the other party in writing and theEmployer shall pay theEmployee his salary during the notice period.(4) This Article shall not prevent anEmployer andEmployee from agreeing to a longer or shorter period of notice nor shall it prevent either party from waiving notice or from accepting a payment in lieu of notice.(5) This Article shall not affect the right of theEmployee to terminate the employment without notice in the event of a material breach of the employment contract or these Regulations by theEmployer .Article 24 - Termination of employment without notice
(1) AnEmployer may terminate anEmployee's employment without notice in the circumstances set out below:(A) there has been a material breach by theEmployee of his employment contract or these Regulations;(B) theEmployee has submitted false documents or certificates;(C) theEmployee has committed a mistake that has resulted in substantial financial losses to theEmployer ;(D) theEmployee has violated more than once instructions related to the safety of otherEmployees and the establishment despite being issued a previous written warning;(E) theEmployee has committed several breaches of his employment contract or these Regulations which do not individually constitute a material breach and theEmployer has previously warned theEmployee in writing;(F) theEmployee divulges secrets of theEmployer ;(G) theEmployee is found intoxicated with alcohol or under the influence of illegal narcotics while on duty;(H) theEmployee physically assaults hisEmployer or otherEmployees ;(I) theEmployee has been absent without a justified reason for more than seven (7) consecutive days or for more than fifteen (15) days in the aggregate in a twelve (12) month period;(J) theEmployee is found guilty in a court verdict of a crime which theEmployer in its absolute discretion considers sufficiently serious to merit dismissal; or(K) theEmployee has otherwise engaged in gross misconduct.(2) In the event of such termination, at the request of theEmployee theEmployer shall provide a written statement of the reason for the termination and of theEmployee's recourse.Article 25 - End of service
(1) Upon the end of service of anEmployee , theEmployer shall comply with the terms of the employment contract in respect of termination of contract.(2) AnEmployer shall pay all outstanding wages and other fees owing to anEmployee within thirty (30) days after theEmployer orEmployee terminates the employment.Article 25A - Retirement and pension
(1) Notwithstanding Article 2(4) (Application), theRetirement and Pensions Law shall apply to all Employees of Qatari nationality employed by the QFC Authority, the Regulatory Authority and any other Employer which may be determined by resolution of theCouncil of Ministers and notified by that Council in writing of the determination.(2) All Employers described in paragraph (1) shall cooperate with theGeneral Retirement and Social Insurance Authority and take the necessary steps to implement theRetirement and Pensions Law .(3) The application of theRetirement and Pensions Law pursuant to paragraph (1) shall take effect from the date prescribed in theCouncil of Ministers' decision.Amended (as from 18th July 2019) Part 7: Part 7: Payment of Salary
Article 26 - Payment of salary
(1) Salary and other payments due to theEmployee should be paid in the currency stated in the employment contract or any other currency agreed between theEmployer and theEmployee .(2) TheEmployer shall pay theEmployee his salary at least monthly.(3) TheEmployer shall give to theEmployee a written itemised pay statement that includes:(A) the amount of wages or salary payable;(B) the amount of any variable and fixed deductions, if any, from that payment; and(C) the purposes for which they are made.Article 27 - No unauthorised deductions
An
Employer shall not deduct from anEmployee's salary or accept payment from anEmployee , unless:(1) the deduction or payment is required or authorised by law or regulation or theEmployee's contract of employment;(2) theEmployee has previously agreed in writing to the deduction or payment;(3) the deduction or payment is a reimbursement for an overpayment of wages or expenses; or(5) the deduction or payment has been ordered by theQFC Employment Standards Office ,the Civil and Commercial Court or theRegulatory Tribunal .Amended by QFC Reg 2012-1 (as from 11th April 2012) Part 8: Part 8: Work Hours and Leave
Article 28 - Maximum working time
(1) Subject to Article 30—(Overtime) and Article 31—(Exemptions), the maximum work hours are forty eight (48) hours per week.(2) Employer must notify all Employees of the full-time (daily and weekly) working hours applied in the workplace and display them in a place accessible to all Employees.(3) The time spent on transport between residence and work is not included in the calculation of working hours.(4) An Employee who works at least six (6) hours per day shall be entitled to one (1) or more intervals for prayers, meals and rest of at least one (1) hour in the aggregate. Such rest periods are not included in the calculation of the Employee's working hours.(5) An Employee shall be allowed a weekly paid rest which shall not be less than twenty–four (24) consecutive hours. If the circumstances of the work necessitate the employment of the Employee during the rest day the Employee shall be compensated for the rest day by another rest day.Amended (as from 18th July 2019) Article 29 - Reduced hours during Ramadan
(1) During the holy month of Ramadan, anEmployee who observes the fast shall not be required to work more than six (6) hours each day.(2) An Employer may not deduct the salary of a fasting Employee for not working more than six (6) hours a day during the holy month of Ramadan.(3) FastingEmployees who choose to work for more than six (6) hours a day shall be entitled to rest breaks referred to in Article 28.Amended (as from 18th July 2019) Article 30 - Overtime
(1)Employees may be required to work additional hours to the working hours specified in Article 28 provided that the actual working hours per day shall not exceed ten (10) hours unless the work is necessary for the prevention of gross loss or dangerous accident or for the repair or alleviation of the consequences of the above loss or accident.(2) In the event of overtime theEmployer shall pay theEmployee for the additional working hours at the rate of not less than the basic wage plus any additional amount agreed with theEmployee , or provide theEmployee compensatory time, as provided for under the terms of his employment.Article 31 - Exemptions
(1) Articles 28 (Maximum weekly working time) and 30 (Overtime) of these Regulations shall not apply to Employees who hold managerial or supervisory positions.(2) Article 28 and 30 of these Regulations continue to apply to Employees who act in a managerial or supervisory capacity on an irregular, temporary or exceptional basis.Amended (as from 18th July 2019) Article 32 - Holidays
(1) Each employee shall be entitled to the following paid holidays each year:(A) Three (3) working days for Eid El-Fitr;(B) Three (3) working days for Eid Al-Adha;(C) One (1) working day for the National Day;(D) Three (3) working days to be specified by theEmployer ;(E) One (1) working day for National Sport Day; and(F) any other day declared by theState as a public holiday and announced by theQFC Authority as applicable to theQFC (2) If the circumstances of the work require theEmployee to work during any such holidays theEmployee shall be compensated for the rest day by another day, or as otherwise agreed by theEmployer andEmployee .Amended by QFC Reg 2012-1 (as from 11th April 2012) Article 33 - Annual leave
(1) Subject to Article 35 anEmployer shall give a full timeEmployee paid annual leave of not less than twenty (20) working days to be accrued pro rata forEmployees who have been employed for at least three (3) months.(2) AnEmployer shall ensure that theEmployee takes annual leave within twelve (12) months after completing the year of employment entitling theEmployee to the annual leave.(3) Annual leave is exclusive of national holidays to which anEmployee is entitled.(4) AnEmployee is not entitled to payment in lieu of accrued annual leave except where:(A) theEmployee's employment is terminated; or(B) theEmployer agrees otherwise.(5) AnEmployee may not waive his entitlement to annual leave and any agreement to the contrary shall be void.Amended (as from 18th July 2019) Article 34 - Dates of leave
(1) TheEmployee may elect to take annual leave by giving written notice to theEmployer consistent with the terms of his employment specifying the days on which leave is to be taken and subject to any requirement imposed by theEmployer under paragraph (2) below.(2) TheEmployer may for good cause request anEmployee to take annual leave on specified dates by giving written notice to theEmployee .(3) Subject to paragraph (1) above, theEmployer shall allow theEmployee to take his annual leave in blocks of one (1) or more weeks, if requested.(4) AnEmployee may postpone up to half of his annual leave to the following year if hisEmployer consents.Article 35 - Leave during the first year of employment
(1) During the first year of employment the amount of annual leave anEmployee may take at any time is limited to the amount deemed to have accrued at that time, less the amount of annual leave already taken during that year.(2) For the purpose of this Article annual leave is deemed to accrue over theEmployee's first year of employment at the rate of one-twelfth of the amount specified in Article 25(1) on the first day of each month of that year.Article 36 - Compensation in lieu of leave
(1) Where anEmployee's employment is terminated for any reason, theEmployee shall be entitled to payment in lieu of annual leave accrued but not taken, equivalent to theEmployee's salary for the leave days which he has not taken.(2) If theEmployee has taken more annual leave days than he has accrued at the termination date, a sum equivalent to theEmployee's salary for the additional leave days shall be deducted from theEmployee's final salary payment.Article 37 - Haj leave
(1) MuslimEmployees shall be entitled to leave without pay, not exceeding thirty (30) days, to fulfil their obligation to go on pilgrimage once during the period of their service.(2) TheEmployer shall specify the number ofEmployees who may be granted such leave annually in accordance with the work requirements subject to giving priority toEmployees who have been in continuous service for a longer period whenever the circumstances of work permit.Article 38 - Sick Leave
(1) AnEmployee is entitled to a total of 60 working days' sick leave in any 12-month period.(2) AnEmployee who is absent due to illness must notify theEmployer as soon as reasonably practicable, either himself or through another person, that theEmployee is unable to fulfil his duties.(3) If required by theEmployer , theEmployee or a person on his behalf must provide a medical certificate stating that the Employee is unable to fulfil his duties, at least once every 7 days during any period of absence due to illness.(4) AnEmployee has the right to receive hisUsual Salary during sick leave taken in accordance with this Article.(5) AnEmployer is entitled to withhold the payment of sick pay if theEmployee fails to give the notice required under paragraph (2) unless theEmployee provides medical certificates as may be required under paragraph (3) of this Article.(6) If anEmployee is absent due to illness for more than an aggregate of 60 working days in any 12-month period, theEmployer may terminate the employment in writing immediately without notice.(7) AnEmployee is not entitled to:(A) compensation in lieu of sick leave not taken; or(B) to carry forward any sick leave entitlement not taken in a 12-month period.Amended (as from 18th July 2019) Part 9: Part 9: Employment of Women
Article 39 - Equal pay
A female
Employee shall be paid a wage equivalent to the wage payable to a maleEmployee if she performs similar work. She shall be offered the same training and promotion opportunities.Article 40 - Maternity leave
(1) A femaleEmployee who has been employed by anEmployer for a full year preceding the expected week of childbirth shall be entitled to paid maternity leave for a period of fourteen (14) weeks. Such paid maternity leave may include the period before and after childbirth.(2) If the employment period is less than a full year preceding the expected week of childbirth, the female employee shall be entitled to unpaid maternity leave for the same duration as set out in Article 40.(3) The femaleEmployee must provide notice of maternity leave at least two (2) months before the expected week of childbirth and at least three (3) weeks before the day theEmployee proposes to begin her maternity leave.(4) AnEmployer may grant maternity leave subject to a medical certificate issued by a licensed physician stating the expected date of childbirth.(5) The taking of maternity leave by a femaleEmployee shall not prejudice her entitlement to any other leave.(6) The maternity rights granted under these Regulations shall apply to a femaleEmployee who is adopting a child of less than three (3) months old and, in such case, references to childbirth are treated as a reference to the date of adoption.(7) AnEmployee who is pregnant and has, on the advice of a licensed physician, made an appointment to receive ante–natal care, is entitled to take time off during the Employee's work hours in order to keep the appointment.Amended (as from 18th July 2019) Article 41 - Pay During Maternity Leave
(1) AnEmployee on maternity leave must receive full pay for the first 7 weeks and then half pay for the remaining 7 weeks.(2) TheEmployer contribution to the pension fund, on behalf of Qatari Employee, must be made on a full-pay basis for the entire period of 14 weeks of maternity leave.Employers are responsible for making up the difference in pension contributions due by theEmployee during the latter 7 weeks of maternity leave.(3) AnEmployee may not waive her right to maternity leave nor receive compensation in lieu of maternity leave and any agreement to the contrary is void.Amended (as from 18th July 2019) Article 42 - Rights of Employee after Marriage or Maternity Leave
(1) After maternity leave, an Employee may return to the same position held before the maternity leave, unless it is not reasonably practicable. In such case, the Employee must be offered a suitable alternative position at the same rate of pay of the previous position.(2) After maternity leave, an Employee returning to work is entitled to one (1) nursing hour per working day to be taken during the usual working hours with no reduction of salary. The nursing hour shall be in addition to the daily lunch break to which anEmployee working for at least 6 hours a day is entitled.(3) The Employer must grant theEmployee nursing hours until the child, for whose birth theEmployee took the maternity leave, reaches 1 year of age. During the holy month of Ramadan, nursing breaks can be provided only toEmployees working for at least 6 hours a day.(4) TheEmployee must agree a suitable nursing hour schedule acceptable to herEmployer .Amended (as from 18th July 2019) Article 42A - Termination after Marriage or Maternity Leave
The
Employer cannot terminate the employment of a female employee for reasons of marriage or pregnancy. If anEmployer terminates the Employment of a femaleEmployee within the 6 months after her marriage or childbirth, theEmployer must prove the termination is not because of marriage or pregnancy. If theEmployer fails to provide such proof, theEmployer must pay compensation equal to the salaries theEmployee would have earned from the date of termination to the date on which the 6th month from marriage or childbirth ends.Inserted (as from 18th July 2019) Part 10: Part 10: Health, Safety and Welfare
Article 43 - General duty
Every
Employer has a duty to ensure, as far as is reasonably practicable, the health, safety and welfare of itsEmployees .Article 44 - Health and safety information
The
Employer shall at the time of recruitment inform theEmployee of any work related risks and hazards and the safety measures to be taken.Article 45 - Precautionary measures
(1) Without limiting theEmployer's general duties under Article 43, theEmployer shall, as far as is reasonably practicable:(A) provide and maintain a workplace that is safe, presents no risks to anEmployee's health and that is free of harassment;(B) ensure adequate systems are in place that minimise risks to health and safety and the use, handling, storage and transport of dangerous articles and substances;(C) provide information, instruction, training and supervision toEmployees in English, Arabic or any other language, if appropriate, to ensure their health and safety at work;(D) provide and maintain adequate and safe access to and from the workplace; and(E) provide any other facilities or meet any other requirements as prescribed in these Regulations or rules, policies or orders issued thereunder.(2) TheEmployer may not deduct any sum from anEmployee's salary in return for providing these safety measures.(3) If theEmployer refuses to take the required precautionary measures or if an imminent danger threatens the health or safety of theEmployees , at the request of anEmployee or on its own motion theEmployment Standards Office may order theEmployer to suspend operations in all or part of the relevant premises until the cause of the danger has been eliminated. In such a case theEmployer shall pay the salary of theEmployees in full during the period of suspension.Article 46 - Obligations of Employees
(1) TheEmployee shall not carry out or refuse to carry out any task with the intention of hampering the implementation of theEmployer's instructions concerning the protection ofEmployees and their safety or with the intention of damaging or interrupting the functioning of any appliances or equipment prepared for this purpose.(2) TheEmployee shall use the protective equipment and clothes meant for this purpose provided to him by theEmployer and shall obey all instructions of theEmployer aimed at protecting theEmployee from injury and disease.(3) EveryEmployee has a duty, while at work, to take reasonable care of his own health and safety and that of otherPersons who may be affected by theEmployee's conduct.Article 47 - Obligations of Employer
(1) AnEmployer who employs between five (5) and twenty-five (25)Employees shall provide a first aid box which must be kept in a conspicuous place in the place of work and shall be available to theEmployees . The use of the box shall be entrusted to anEmployee trained in first-aid.(2) If the number of theEmployees exceeds twenty-five (25), a first aid box must be provided for every group of up to twenty-five (25)Employees .Article 48 - Health and disability insurance
An
Employer is required to obtain and maintain insurance cover for health and disability income in the manner prescribed in rules, policies or orders issued under these Regulations which shall provide for periodic payments in respect of lost income when theEmployee is unable to work due to illness or injury.Part 11: Part 11: Work-Related Injuries and Compensation
Article 49 - Work related injuries
(1) If anEmployee dies while performing his work or as a result of his work or sustains a work-related injury, theEmployer or his representative shall immediately notify theEmployment Standards Office of the incident, who shall inform the police of theState .(2) The notification shall include the name, age, profession, address and nationality of theEmployee and a brief description of the incident, where it took place and the actions taken for rescue or treatment.(3) The police shall upon receipt of the information launch an investigation and shall include in their report statements of the witnesses and theEmployer or his representative and the statement of the injuredEmployee if his condition so permits and the report shall explain the relationship of the incident to the work.(4) The police shall upon completion of the investigation send a copy of the report and its findings to theEmployment Standards Office and a copy to theEmployer . TheEmployment Standards Office may request that further investigation be carried out by the police or may initiate its own investigation if it deems it necessary.Article 50 - Treatment of work related injuries
An
Employee who sustains a work-related injury shall be entitled to receive medical treatment appropriate to his condition at the cost of theEmployer as prescribed by the competent medical authority.Article 51 - Compensation for work related injuries
(1) Where anEmployee sustains an employment injury, or dies as a result of an employment accident or contracts an occupational disease, theEmployer shall pay compensation in the manner prescribed in rules, policies or orders issued under these Regulations.(2) Any disputes involving such payments shall be reviewed by theEmployment Standards Office and any final determination by theEmployment Standards Office may be appealed to theRegulatory Tribunal .Amended by QFC Reg 2012-1 (as from 11th April 2012) Article 52 - Exceptions
The provisions of the preceding two (2) Articles shall not apply if any of the following can be demonstrated:
(1) theEmployee intended to injure himself;(2) theEmployee was at the time of occurrence of the injury or death under the influence of an illegal drug or alcohol and that influence was a cause of the injury or death;(3) theEmployee violated the safety instructions of theEmployer or was grossly negligent in the carrying out of these instructions and such violations or negligence were the cause of the injury; or(4) theEmployee refuses without a genuine reason to undergo medical tests or follow the medical treatment prescribed by the competent medical authority.Article 53 - Resolution of disputes
Any dispute between the
Employee and theEmployer as to the ability of theEmployee to resume his work or as to any other medical matter related to the injury or disease or the treatment prescribed or the extent of compensation shall be reviewed by theEmployment Standards Office and any final determination by theEmployment Standards Office may be appealed to theRegulatory Tribunal .Amended by QFC Reg 2012-1 (as from 11th April 2012) Article 54 - Limitation period
The right of the
Employee to claim compensation for disability or death shall expire one (1) year from the date of the medical report confirming the disability resulting from the injury or from the date of the death of theEmployee .Part 12: Part 12: Investigations and Proceedings
Article 55 - Referral to the Employment Standards Office
(1) AnEmployee , formerEmployee or any other person may make a complaint to theEmployment Standards Office that a person has committed a contravention of these Regulations.(2) AnEmployee may request that theEmployment Standards Office review any penalty imposed on him by hisEmployer in the manner and time period specified in rules issued pursuant to these Regulations.Article 56 - Investigations
(1) For the purposes of carrying out an investigation under these Regulations, where theEmployment Standards Office considers that a person is or may be able to give information or produce a document which is or may be relevant to an investigation, theEmployment Standards Office has the power to:(A) enter the business premises of such person during normal business hours for the purpose of inspecting and copying information or documents stored in any form on such premises;(B) require such person to give, or procure the giving of, specified information in such form as it may reasonably require;(C) require such person to produce, or procure the production of, specified documents;(D) require such person to appear before it at a specified time and place to answer questions, including under oath or affirmation administered by an officer of theEmployment Standards Office that the statements that the person will make will be true; or(E) require such person to give it any assistance in relation to the investigation which the person is able to give.(2) A requirement made under the preceding paragraph shall be stated in writing and shall state the reasonable time period by which the information or documents shall be produced.(3) TheEmployment Standards Office may refuse to accept, review, mediate, investigate or otherwise resolve a complaint or may stop or postpone any such activity if:(A) theEmployment Standards Office determines that these Regulations do not apply to the complaint;(B) the complaint is frivolous, trivial or is not made in good faith;(C) there is not enough evidence to prove the complaint;(D) theEmployment Standards Office ,the Civil and Commercial Court or theRegulatory Tribunal has previously made a decision or an order relating to the subject matter of the complaint;(E) the complainant has not taken the requisite steps specified by theEmployment Standards Office to facilitate resolution or investigation of the complaint; or(F) the dispute that caused the complaint is resolved.(5) If an investigation is conducted, and before theEmployment Standards Office makes any determination or order, theEmployment Standards Office shall give the person under investigation an opportunity to be heard.(6) During the course of an investigation, theEmployment Standards Office shall provide translation services in a language understood by theEmployee , if theEmployment Standards Office considers that suchEmployee cannot understand or communicate in English.Amended by QFC Reg 2012-1 (as from 11th April 2012) Article 57 - Determinations and orders by the Employment Standards Office
(1) Without prejudice to its other powers, theEmployment Standards Office may, if satisfied that a person has contravened a provision of these Regulations or any rule, policy or order issued thereunder, make a determination to that effect and may order the person to do one or more of the following:(A) comply with the requirement;(B) remedy or cease doing an act or thing; and(C) pay any costs incurred by theEmployment Standards Office in connection with an investigation.(2) In addition to paragraph (1) above, if satisfied that anEmployer has contravened a provision of these Regulations or any rule, policy or order issued thereunder, theEmployment Standards Office may order theEmployer to do one (1) or more of the following:(A) pay all due salary payments to anEmployee ;(B) pay a person compensation;(C) pay a person any amount which theEmployment Standards Office determines is owing under any provision of these Regulations or any rules, policies or orders issued under these Regulations and any reasonable and actual out of pocket expenses incurred because of the contravention;(D) take within a specified period, any action theEmployment Standards Office considers reasonable that eliminates or reduces the adverse effect on the complainant of any matter relating to the complaint;(E) without prejudice to any more severe penalty stipulated in any other law, rules or regulations applying in theQFC , theEmployment Standards Office may impose a financial penalty on anEmployer in accordance with Schedule 1 of these Regulations and of such amount as it considers appropriate but not exceeding the amount of the maximum penalty specified in that Schedule in respect of each contravention; or(F) post notice, in a form and location specified by theEmployment Standards Office or in respect of(i) a determination; or(ii) a requirement, or information about these Regulations.(3) TheEmployment Standards Office shall serve anEmployer with notice of a requirement imposed under paragraphs (1) and (2) above.(4) A person on whom theEmployment Standards Office imposes a requirement under this Article shall comply with that requirement.(5) If satisfied that the requirements of these Regulations or any rules, policies or orders have not been contravened, theEmployment Standards Office shall dismiss the complaint.(6) TheEmployment Standards Office may vary or cancel a determination if circumstances have changed.Amended (as from 16th June 2020) Article 58 - Notifying others of determination
(1) On making a determination under these Regulations, theEmployment Standards Office shall make its findings public and shall serve any person named in the determination with a copy of the determination that includes the following:(A) if anEmployer or other person is required by the determination to pay wages, compensation, interest, a fine or other amount, the amount to be paid and how it was calculated;(B) if a fine is imposed, the nature of the contravention and the date by which the fine shall be paid; and(C) the time limit and process for appealing the determination to theRegulatory Tribunal .(2) Any person against whom a determination has been issued under Article 57 (Determinations and orders by theEmployment Standards Office ) may request from theEmployment Standards Office written reasons for the determination and theEmployment Standards Office shall comply with such request.Amended by QFC Reg 2012-1 (as from 11th April 2012) Article 59 - Settlement agreements
The
Employment Standards Office may do one or more of the following:(1) assist in settling a complaint or a matter investigated under these Regulations; or(2) direct that a person pay directly to anEmployee or other person any amount to be paid as a result of a settlement agreement under paragraph (1).Amended (as from 18th July 2019) Article 60 - Obstruction of the Employment Standards Office and the Regulatory Tribunal
A person shall not engage in conduct, including without limitation, the:
(1) destruction of documents;(2) failure to give or produce information or documents specified by theEmployment Standards Office or theRegulatory Tribunal ;(3) failure to appear before theEmployment Standards Office or theRegulatory Tribunal at a specified time and place to answer questions;(4) giving of information that is false or misleading; and(5) failure to give assistance in relation to an investigation which the person is able to give,that is intended to obstruct the
Employment Standards Office or theRegulatory Tribunal in the exercise of its powers under these Regulations.Amended by QFC Reg 2012-1 (as from 11th April 2012) Article 61 - Obligation to keep information confidential
Every person acting under the authority of these Regulations shall keep confidential all information and records obtained or provided under these Regulations, except so far as the person's public duty requires or these Regulations permit the person to disclose them or to take official action on them.
Article 62 - Appeal of the Employment Standards Office's determinations, decisions and fines
(1) A person directly affected by a final determination, decision, or fine of theEmployment Standards Office may appeal the matter to theRegulatory Tribunal .(2) The appeal shall be filed within thirty (30) days of receipt of the determination, decision, or fine appealed.(3) TheRegulatory Tribunal may grant a stay of the decision appealed from until the disposition of the appeal.(4) TheRegulatory Tribunal may attach conditions to the stay, including requiring a party to deposit as security part or all of a monetary order.(5) TheEmployment Standards Office shall provide theRegulatory Tribunal with the record that was before theEmployment Standards Office at the time the determination, order or fine was made, including any witness statement and documents considered by theEmployment Standards Office .(6) TheEmployment Standards Office is a party to an appeal under this section of any determination, decision or fine under appeal.(7) TheEmployment Standards Office shall comply with any directions theRegulatory Tribunal give to theEmployment Standards Office .Amended by QFC Reg 2012-1 (as from 11th April 2012) Article 63 - Powers of the Regulatory Tribunal on appeal
(1) Before considering an appeal under this Part, theRegulatory Tribunal may:(A) refer the matter back to theEmployment Standards Office for further investigation; or(B) recommend that an attempt be made to settle the matter.(2) TheRegulatory Tribunal may dismiss an appeal without a hearing of any kind if satisfied that:(A) the appeal is not within theRegulatory Tribunal's jurisdiction; or(B) the appeal is frivolous or trivial or is not brought in good faith.(3) On an appeal under this Part theRegulatory Tribunal , in addition to any powers it has, may:(A) consider any relevant evidence, in addition to the record;(B) decide all questions of fact or law arising in the course of an appeal;(C) refer the matter back to theEmployment Standards Office ; or(D) confirm, vary or cancel the determination, decision or fine under appeal, or make another decision it considers proper.Amended by QFC Reg 2012-1 (as from 11th April 2012) Article 64 - Rulemaking
(1) TheQFC Authority may adopt rules, policies and procedures that facilitate the administration of these Regulations or furthers the purposes of these Regulations, including but not limited to:(A) minimum wage requirements forEmployees or classes orEmployees ;(B) procedures for initiating and filing complaints;(C) a scale of compensation for work-related injuries or deaths; and(D) a scale of monetary fines.Amended by QFC Reg 2012-1 (as from 11th April 2012) Part 13: Part 13: Interpretation and Definitions
Article 65 - Interpretation
(1) In these Regulations, a reference to:(A) a provision of any law or regulation includes a reference to that provision as amended or re-enacted from time to time;(B) an obligation to publish or cause to be published a particular document shall, unless expressly provided otherwise in these Regulations, include publishing or causing to be published in printed or electronic form;(C) a calendar year shall mean a year of the Gregorian calendar;(D) a month shall mean a month of the Gregorian calendar;(E) the masculine gender includes the feminine and the neuter;(F) writing includes any form of representing or reproducing words in a legible form; and(G) a particular Ministry, authority or body of theState include a reference to any future name of that Ministry, authority or body.(2) The headings in these Regulations shall not affect their interpretation.(3) A reference in these Regulations to a Part, Article or Schedule by number only, and without further identification, is a reference to a Part, Article or Schedule of that number in these Regulations.(4) A reference in an Article or other division of these Regulations to a paragraph, sub-paragraph or Article by number or letter only, and without further identification, is a reference to a paragraph, sub-paragraph or Article of that number or letter contained in the Article or other division of these Regulations in which that reference occurs.(5) Any reference in these Regulations to "include", "including", "in particular", "for example", "such as" or similar expressions shall be considered as being by way of illustration or emphasis only and are not to be constructed so as to limit the generality of any words preceding them.Amended by QFC Reg 2012-1 (as from 11th April 2012) Article 66 - Definitions
In these Regulations, the following words and phrases shall have the meanings shown against each of them, unless the contrary intention appears:
CRO The Companies Registration Office established pursuant to Article 7 of the QFC Law Council of Ministers The Council of Ministers of theState .Employee A Sponsored Employee or an employee who is of Qatari nationality or is sponsored in theState by a member of his family and is employed by anEmployer Employer The QFC Authority , theRegulatory Authority ,QFC Commercial and Civil Court ,Regulatory Tribunal ,QFC Institution orQFC Entity which employs one or moreEmployees Employment Standards Office The QFC Institution established pursuant to Article 6 of the QFC Law Full-time Employee An Employee who works at least the number of hours determined by an Employer forFull-time Employees under Article 28.General Retirement and Social Insurance Authority The General Retirement and Social Insurance Authority established pursuant to Article 26 of theRetirement and Pensions Law .Immigration Regulations The Regulations enacted or to be enacted by the Minister pursuant to the QFC Law relating to immigration of SponsoredEmployees Part-time Employee An Employee who is not aFull-time Employee Person Includes a natural or judicial person, body corporate, or body unincorporate, including a branch, a company, partnership, unincorporated association or other undertaking, government or state QFC The Qatar Financial Centre QFC Authority The Qatar Financial Centre Authority established pursuant to Article 3 of the QFC Law Civil and Commercial Court The Civil and Commercial Court of the QFC established under theQFC Law Minister The Minister of Finance of the State QFC Entity Any company, branch or partnership established in or licensed to do business in the QFC QFC Institution Any entity, including the Employment Standards Office, established pursuant to Article 6 of the QFC Law QFC Law Law No. (7) of 2005 of the State , as amended from time to timeRegulatory Authority The Regulatory Authority of the QFC established pursuant to Article 8 of theQFC Law Regulatory Tribunal The tribunal established under the QFC Law Retirement and Pensions Law Law No (24) of 2002 of the State on Retirement and Pensions (as amended), or such other laws that may subsititute it form time to time from time to time). Sponsored Employee An Employee who is not of Qatari nationality and who is not sponsored in theState by a member of his family and is therefore sponsored in theState by hisEmployer State The State of Qatar Usual Salary The salary the Employee is usually paid; it includes basic salary, allowances and benefits given at each pay period.
Amended (as from 18th July 2019) Schedule 1– Contraventions With Financial Penalties Stipulated
Article of the Regulations Nature of contravention Maximum Financial penalty for contravention 10 - Employment of minors Employment of minors without consent of the legal guardian $1,500 USD 14 - Records Non-compliance with the provisions of this article $1,500 USD Other contraventions of Part 3 of the Regs $1,500 USD 15 – Prohibition on discrimination Discrimination based on sex, marital status, race, nationality or religion, mental or physical disability $3,500 USD 16 - Whistleblowing Termination of employee in breach $3,500 USD 17 – Employment contract
17A – Part Time
17B – Fixed TermFailure to provide a written employment agreement/non-compliance with mini-mum requirements $1,500 USD 18 - Probation period Probation period longer than 6 months/ unilateral extension of probation period without agreement with the employee $1,500 USD 23 – Termination with notice Failure to provide the notice period $1,500 USD Article of the Regulations Nature of contravention Maximum financial penalty for contravention 25 – End of service Delay in payment for any outstanding amounts $2,500 USD Other contraventions of Part 6 of the Regulations $1,500 USD Article of the Regulations Nature of contravention Maximum financial penalty for first contravention 26 – Payment of salary Delay in payment for more than 7 calendar days from the usual pay date $1,500 USD 27 – Unauthorised deductions Salary deductions in breach of this provision $1,500 USD 28 – Maximum working hours Non-compliance with the provisions of this article $1,500 USD 29 – Reduced working hours during Ramadan Non-compliance with the provisions of this article $1,500 USD 30 - Overtime Overtime in excess of the statutory limits $1,500 USD 31 – Overtime for management and professional staff Application of the provision to employees who are not managers or professional staff $1,500 USD 32 – Holidays Non-compliance with the provisions of this article $1,500 USD 33 – Annual leave Non-compliance with the provisions of this article $1,500 USD 34 – Dates of leave Non-compliance with the provisions of this article $1,500 USD Article of the Regulations Nature of contravention Maximum financial penalty for contravention 35- Annual leave during first year Non-compliance with the provisions of this article $1,500 USD 36 – Compensation in lieu of annual leave Non-compliance with the provisions of this article $1,500 USD 37 – Haj Leave Non-compliance with the provisions of this article $1,500 USD 38 – Sick leave Non-compliance with the provisions of this article $1,500 USD Article of the Regulations Nature of contravention Maximum financial penalty for first contravention Other contraventions of Part 8 of the Regulations $1,500 USD 39 – Equal pay Non-compliance with the provisions of this article $1,500 USD 40 – Maternity leave Non-compliance with the provisions of this article $2,500 USD 41 – Maternity pay Non-compliance with the provisions of this article $2,500 USD 42 – No termination
42A - Termination after Marriage or Maternity LeaveNon-compliance with the provisions of this article $3,500 USD 43 to 47 – Health and safety obligations Non-compliance with the provisions of this article $3,500 USD 48 – Health and disability insurance Non-compliance with the provisions of this article $1,500 USD Article of the Regulations Nature of contravention Maximum financial penalty for contravention 49 – Work-related injuries Non-compliance with the provisions of this article $1,500 USD 50 – Treatment of work related injuries Non-compliance with the provisions of this article $1,500 USD 51 – Compensation for work related injuries Non-compliance with the provisions of this article $1,500 USD 56 - Investigations Obstruction from carrying out procedure, or withholding sensitive information $1,500 USD 57 – Determinations and orders of the ESO Delay or failure to comply with an ESO determination and/or order $2,500 USD 60 – Obstruction of the ESO Non-compliance with the provisions of this article $2,500 USD 61 – Obligation to keep information confidential Non-compliance with the provisions of this article $1,500 USD Other contraventions of Part 12 of the Regs $1,500 USD Amended (as from 16th June 2020)