Click here to view earlier versions of QFC Reg 10 – QFC Employment Regulations.
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 Qatar
Ali Sharif Al-Emadi
Minister of Finance of the State of Qatar
Issued 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 the
QFC.(2) These Regulations shall apply to:(A) Employeesof the QFC Authority, the Regulatory Authority, the Civil and Commercial Courtand the Regulatory Tribunal;(B) Employeesof QFC Institutions; and(C) Employeesof QFC Entities.(3) These Regulations shall not apply to persons who are employed as consultants or agents and those persons hired by any of the Employeesidentified in Article 2(2) who provide domestic services for such Employees.(4) Subject to Article 25A, no laws, rules and regulations of the Staterelating to employment shall apply to Employeeswhose 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) The
Employermay 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) An
Employment Standards Officeshall be established by the QFC Authoritypursuant to Article 6 of the QFC Law.(2) The Employment Standards Officeshall administer these Regulations and all aspects of employment within the QFC.(3) The Employment Standards Officeshall be managed by the QFCEmployment Standards Officer who shall determine its procedures and management.(4) The Employment Standards Officeshall be subject to the supervision of the QFC Authoritywhich shall have the power and function to:(A) ensure that the Employment Standards Officeexercises its statutory powers and performs its statutory functions;(B) review the performance of the Employment Standards Officeand the use of its resources; and(C) give the Employment Standards Officewritten directions as to the furtherance of any of its objectives or the performance of its functions.(5) The QFC Authoritymay make rules to the extent set out in the QFC Law, these Regulations and any other Regulations conferring powers, duties or functions on the QFC Authorityas 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 the QFC Law, these Regulations and any other Regulations.(6) The Ministry of Labour, the Ministry of Interior and all other relevant Ministries and Stateauthorities and bodies shall cooperate with the QFC Employment Standards Officeand 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
Employment Standards Officeshall have the following functions:(1) to investigate any contravention of, and to enforce, these Regulations;(2) to maintain relations with all Stateauthorities 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 the State, and to represent the QFCin dealings with such authorities;(3) to keep and maintain in such form as it shall determine a register in respect of each Employee, to record in such register all documents and information which falls to be filed with or delivered to the Employment Standards Officein respect of Employees; 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 an
Employerfrom providing in any contract of employment, terms and conditions of employment that are more favourable to the Employeethan 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
Employershall 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) An
Employeris liable for any act of an Employeedone in the course of employment.(2) An Employeris not liable for an act of an Employeeif the Employerproves it took reasonable steps to prevent the Employeefrom doing that act, or from doing, in the course of employment, acts of that description.
Article 12 - Immigration(1) The
Employershall obtain an Employer'sIdentity Card from the QFCImmigration Office in accordance with Article 8 of the Immigration Regulations.(2) Every Employerof Sponsored Employeesmust comply with the Immigration Regulationsand all other QFCRegulations.
Article 13 - NOT USED
Deleted (as from 18th July 2019)
Article 14 - Records(1) The
Employershall maintain the following records:(A) in respect of each Employee: 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 each Employee, any additional wages paid to the Employees, and the amounts of any deductions and the net wages received by each Employee;(C) a register of any work injuries showing the work injuries sustained by any Employee;(D) an end of service register containing the names of the Employeeswhose 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 the Employer'sprincipal place of business in the QFCand retained by the Employerfor two (2) years after the employment terminates. If the Employerleaves the QFCprior to the expiry of the above two (2) year period the Employermust 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) An
Employershall 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 an Employerdiscriminates against a disabled person if the Employerfails 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) An Employermust have policies and procedures implementing the requirements of this Article and must ensure they are known by their Employees.(6) An Employermay confer upon Employeeswho 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 upon Employeeswho 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
Employershall 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) The
Employershall give each Employeea written employment contract which shall include at a minimum:(A) the name of the Employerand the Employee;(B) the date of commencement of employment;(C) the Employee'ssalary 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 the Employee; 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) A
Part-time Employeeis an Employeewho works fewer hours than the standard full-time working hours determined by the Employer. A Part-time Employeemay work:(A) the same number of days in a week as a Full-time Employee, but fewer hours;(B) the same number of hours in a day as Full-time Employee, but fewer days; or(C) fewer hours and days than a Full-time Employee.(2) Unless expressly provided otherwise in these Regulations, a Part-time Employeehas the same rights conferred by these Regulations as a Full-time Employee.(3) The entitlements of a Part-time Employeemust be calculated on a pro-rata basis.(4) However, if a Part-time Employeeworks the same number of days in the week as a Full-time Employee, the number of days entitlement to each of the following must be calculated as if the Part-time Employeewere a Full-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 the
Employeeto a probation period, provided that the probation period shall not exceed six (6) months.(2) The Employeeshall not be subjected to more than one (1) probation period with the same Employerexcept for cause.(3) If such a probation period exists the Employermay terminate the employment contract within the terms of the probation period if it determines that the Employeeis not capable of carrying out the work for which he has been employed. In such a case the Employershall give the Employeeno less than two (2) weeks written notice.
Article 19 - Obligations of Employees(1)
Employeesshall, except as specified by their Employersor 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 the Employerconcerning the performance of the work provided that the orders do not contravene the QFC Lawor any regulations, rules, policies or procedures issued thereunder, the criminal laws of the Stateor the employment contract and provided that the carrying out of these orders will not subject the Employeeto danger;(D) not work for third parties (with or without payment) without the consent of the Employer;(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 the Employer;(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 the Employerwithin the limits of available facilities;(I) not disclose any confidential information of the Employerexcept 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 the Employerand 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 the Employer.
Article 20 - Restrictive covenants
Any provision in an
Employee'semployment contract that provides that the Employeemay not work on any similar projects or for a company which is in competition with the Employermust be reasonable, must not constitute an unreasonable restraint on trade, and must be appropriate to the circumstances of the Employee'semployment with the Employer.
Article 21 - Impossibility of work
Employershall undertake to provide the Employeewith all resources needed to carry out his work. If the Employeearrives at his place of work ready to perform his duties but cannot do so due to reasons beyond his control, the Employeewill 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
Employermay change the Employee'sjob title, work description or location within the Statefrom time to time, and must provide prompt notice to the Employeeof such change or changes. If a condition of employment is substantially altered, the Employeemay seek a determination from the Employment Standards Officethat his employment has been constructively terminated.
Article 23 - Termination of employment with notice(1) Except as otherwise provided for in these Regulations
Employersand Employeesmust provide notice of their intent to terminate employment.(2) The notice required to be given by an Employeror Employeeto terminate an Employee'semployment, where the Employeehas 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 the Employershall pay the Employeehis salary during the notice period.(4) This Article shall not prevent an Employerand Employeefrom 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 the Employeeto terminate the employment without notice in the event of a material breach of the employment contract or these Regulations by the Employer.
Article 24 - Termination of employment without notice(1) An
Employermay terminate an Employee'semployment without notice in the circumstances set out below:(A) there has been a material breach by the Employeeof his employment contract or these Regulations;(B) the Employeehas submitted false documents or certificates;(C) the Employeehas committed a mistake that has resulted in substantial financial losses to the Employer;(D) the Employeehas violated more than once instructions related to the safety of other Employeesand the establishment despite being issued a previous written warning;(E) the Employeehas committed several breaches of his employment contract or these Regulations which do not individually constitute a material breach and the Employerhas previously warned the Employeein writing;(F) the Employeedivulges secrets of the Employer;(G) the Employeeis found intoxicated with alcohol or under the influence of illegal narcotics while on duty;(H) the Employeephysically assaults his Employeror other Employees;(I) the Employeehas 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) the Employeeis found guilty in a court verdict of a crime which the Employerin its absolute discretion considers sufficiently serious to merit dismissal; or(K) the Employeehas otherwise engaged in gross misconduct.(2) In the event of such termination, at the request of the Employeethe Employershall provide a written statement of the reason for the termination and of the Employee'srecourse.
Article 25 - End of service(1) Upon the end of service of an
Employee, the Employershall comply with the terms of the employment contract in respect of termination of contract.(2) An Employershall pay all outstanding wages and other fees owing to an Employeewithin thirty (30) days after the Employeror Employeeterminates the employment.
Article 25A - Retirement and pension(1) Notwithstanding Article 2(4) (Application), the
Retirement and Pensions Lawshall 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 the Council of Ministersand notified by that Council in writing of the determination.(2) All Employers described in paragraph (1) shall cooperate with the General Retirement and Social Insurance Authorityand take the necessary steps to implement the Retirement and Pensions Law.(3) The application of the Retirement and Pensions Lawpursuant to paragraph (1) shall take effect from the date prescribed in the Council 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 the
Employeeshould be paid in the currency stated in the employment contract or any other currency agreed between the Employerand the Employee.(2) The Employershall pay the Employeehis salary at least monthly.(3) The Employershall give to the Employeea 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
Employershall not deduct from an Employee'ssalary or accept payment from an Employee, unless:(1) the deduction or payment is required or authorised by law or regulation or the Employee'scontract of employment;(2) the Employeehas 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 the QFC Employment Standards Office, the Civil and Commercial Courtor the Regulatory 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, an
Employeewho 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) Fasting Employeeswho 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)
Employeesmay 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 the Employershall pay the Employeefor the additional working hours at the rate of not less than the basic wage plus any additional amount agreed with the Employee, or provide the Employeecompensatory 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 the
Employer;(E) One (1) working day for National Sport Day; and(F) any other day declared by the Stateas a public holiday and announced by the QFC Authorityas applicable to the QFC(2) If the circumstances of the work require the Employeeto work during any such holidays the Employeeshall be compensated for the rest day by another day, or as otherwise agreed by the Employerand Employee. Amended by QFC Reg 2012-1 (as from 11th April 2012)
Article 33 - Annual leave(1) Subject to Article 35 an
Employershall give a full time Employeepaid annual leave of not less than twenty (20) working days to be accrued pro rata for Employeeswho have been employed for at least three (3) months.(2) An Employershall ensure that the Employeetakes annual leave within twelve (12) months after completing the year of employment entitling the Employeeto the annual leave.(3) Annual leave is exclusive of national holidays to which an Employeeis entitled.(4) An Employeeis not entitled to payment in lieu of accrued annual leave except where:(A) the Employee'semployment is terminated; or(B) the Employeragrees otherwise.(5) An Employeemay 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) The
Employeemay elect to take annual leave by giving written notice to the Employerconsistent with the terms of his employment specifying the days on which leave is to be taken and subject to any requirement imposed by the Employerunder paragraph (2) below.(2) The Employermay for good cause request an Employeeto take annual leave on specified dates by giving written notice to the Employee.(3) Subject to paragraph (1) above, the Employershall allow the Employeeto take his annual leave in blocks of one (1) or more weeks, if requested.(4) An Employeemay postpone up to half of his annual leave to the following year if his Employerconsents.
Article 35 - Leave during the first year of employment(1) During the first year of employment the amount of annual leave an
Employeemay 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 the Employee'sfirst 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 an
Employee'semployment is terminated for any reason, the Employeeshall be entitled to payment in lieu of annual leave accrued but not taken, equivalent to the Employee'ssalary for the leave days which he has not taken.(2) If the Employeehas taken more annual leave days than he has accrued at the termination date, a sum equivalent to the Employee'ssalary for the additional leave days shall be deducted from the Employee'sfinal salary payment.
Article 37 - Haj leave(1) Muslim
Employeesshall 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) The Employershall specify the number of Employeeswho may be granted such leave annually in accordance with the work requirements subject to giving priority to Employeeswho have been in continuous service for a longer period whenever the circumstances of work permit.
Article 38 - Sick Leave(1) An
Employeeis entitled to a total of 60 working days' sick leave in any 12-month period.(2) An Employeewho is absent due to illness must notify the Employeras soon as reasonably practicable, either himself or through another person, that the Employeeis unable to fulfil his duties.(3) If required by the Employer, the Employeeor 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) An Employeehas the right to receive his Usual Salaryduring sick leave taken in accordance with this Article.(5) An Employeris entitled to withhold the payment of sick pay if the Employeefails to give the notice required under paragraph (2) unless the Employeeprovides medical certificates as may be required under paragraph (3) of this Article.(6) If an Employeeis absent due to illness for more than an aggregate of 60 working days in any 12-month period, the Employermay terminate the employment in writing immediately without notice.(7) An Employeeis 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
Employeeshall be paid a wage equivalent to the wage payable to a male Employeeif she performs similar work. She shall be offered the same training and promotion opportunities.
Article 40 - Maternity leave(1) A female
Employeewho has been employed by an Employerfor 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 female Employeemust 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 the Employeeproposes to begin her maternity leave.(4) An Employermay 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 female Employeeshall not prejudice her entitlement to any other leave.(6) The maternity rights granted under these Regulations shall apply to a female Employeewho 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) An Employeewho 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) An
Employeeon maternity leave must receive full pay for the first 7 weeks and then half pay for the remaining 7 weeks.(2) The Employercontribution 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. Employersare responsible for making up the difference in pension contributions due by the Employeeduring the latter 7 weeks of maternity leave.(3) An Employeemay 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 an
Employeeworking for at least 6 hours a day is entitled.(3) The Employer must grant the Employeenursing hours until the child, for whose birth the Employeetook the maternity leave, reaches 1 year of age. During the holy month of Ramadan, nursing breaks can be provided only to Employeesworking for at least 6 hours a day.(4) The Employeemust agree a suitable nursing hour schedule acceptable to her Employer. Amended (as from 18th July 2019)
Article 42A - Termination after Marriage or Maternity Leave
Employercannot terminate the employment of a female employee for reasons of marriage or pregnancy. If an Employerterminates the Employment of a female Employeewithin the 6 months after her marriage or childbirth, the Employermust prove the termination is not because of marriage or pregnancy. If the Employerfails to provide such proof, the Employermust pay compensation equal to the salaries the Employeewould 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
Employerhas a duty to ensure, as far as is reasonably practicable, the health, safety and welfare of its Employees.
Article 44 - Health and safety information
Employershall at the time of recruitment inform the Employeeof any work related risks and hazards and the safety measures to be taken.
Article 45 - Precautionary measures(1) Without limiting the
Employer'sgeneral duties under Article 43, the Employershall, as far as is reasonably practicable:(A) provide and maintain a workplace that is safe, presents no risks to an Employee'shealth 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 to Employeesin 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) The Employermay not deduct any sum from an Employee'ssalary in return for providing these safety measures.(3) If the Employerrefuses to take the required precautionary measures or if an imminent danger threatens the health or safety of the Employees, at the request of an Employeeor on its own motion the Employment Standards Officemay order the Employerto suspend operations in all or part of the relevant premises until the cause of the danger has been eliminated. In such a case the Employershall pay the salary of the Employeesin full during the period of suspension.
Article 46 - Obligations of Employees(1) The
Employeeshall not carry out or refuse to carry out any task with the intention of hampering the implementation of the Employer'sinstructions concerning the protection of Employeesand their safety or with the intention of damaging or interrupting the functioning of any appliances or equipment prepared for this purpose.(2) The Employeeshall use the protective equipment and clothes meant for this purpose provided to him by the Employerand shall obey all instructions of the Employeraimed at protecting the Employeefrom injury and disease.(3) Every Employeehas a duty, while at work, to take reasonable care of his own health and safety and that of other Personswho may be affected by the Employee'sconduct.
Article 47 - Obligations of Employer(1) An
Employerwho employs between five (5) and twenty-five (25) Employeesshall provide a first aid box which must be kept in a conspicuous place in the place of work and shall be available to the Employees. The use of the box shall be entrusted to an Employeetrained in first-aid.(2) If the number of the Employeesexceeds 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
Employeris 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 the Employeeis unable to work due to illness or injury.
Part 11: Part 11: Work-Related Injuries and Compensation
Article 49 - Work related injuries(1) If an
Employeedies while performing his work or as a result of his work or sustains a work-related injury, the Employeror his representative shall immediately notify the Employment Standards Officeof the incident, who shall inform the police of the State.(2) The notification shall include the name, age, profession, address and nationality of the Employeeand 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 the Employeror his representative and the statement of the injured Employeeif 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 the Employment Standards Officeand a copy to the Employer. The Employment Standards Officemay 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
Employeewho sustains a work-related injury shall be entitled to receive medical treatment appropriate to his condition at the cost of the Employeras prescribed by the competent medical authority.
Article 51 - Compensation for work related injuries(1) Where an
Employeesustains an employment injury, or dies as a result of an employment accident or contracts an occupational disease, the Employershall 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 the Employment Standards Officeand any final determination by the Employment Standards Officemay be appealed to the Regulatory 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) the
Employeeintended to injure himself;(2) the Employeewas 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) the Employeeviolated the safety instructions of the Employeror was grossly negligent in the carrying out of these instructions and such violations or negligence were the cause of the injury; or(4) the Employeerefuses 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
Employeeand the Employeras to the ability of the Employeeto 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 the Employment Standards Officeand any final determination by the Employment Standards Officemay be appealed to the Regulatory Tribunal. Amended by QFC Reg 2012-1 (as from 11th April 2012)
Article 54 - Limitation period
The right of the
Employeeto 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 the Employee.
Part 12: Part 12: Investigations and Proceedings
Article 55 - Referral to the Employment Standards Office(1) An
Employee, former Employeeor any other person may make a complaint to the Employment Standards Officethat a person has committed a contravention of these Regulations.(2) An Employeemay request that the Employment Standards Officereview any penalty imposed on him by his Employerin 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 the
Employment Standards Officeconsiders that a person is or may be able to give information or produce a document which is or may be relevant to an investigation, the Employment Standards Officehas 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 the Employment Standards Officethat 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) The Employment Standards Officemay refuse to accept, review, mediate, investigate or otherwise resolve a complaint or may stop or postpone any such activity if:(A) the Employment Standards Officedetermines 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) the Employment Standards Office, the Civil and Commercial Courtor the Regulatory Tribunalhas 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 the Employment Standards Officeto 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 the Employment Standards Officemakes any determination or order, the Employment Standards Officeshall give the person under investigation an opportunity to be heard.(6) During the course of an investigation, the Employment Standards Officeshall provide translation services in a language understood by the Employee, if the Employment Standards Officeconsiders that such Employeecannot 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, the
Employment Standards Officemay, 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 the Employment Standards Officein connection with an investigation.(2) In addition to paragraph (1) above, if satisfied that an Employerhas contravened a provision of these Regulations or any rule, policy or order issued thereunder, the Employment Standards Officemay order the Employerto do one (1) or more of the following:(A) pay all due salary payments to an Employee;(B) pay a person compensation;(C) pay a person any amount which the Employment Standards Officedetermines 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 the Employment Standards Officeconsiders 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 the QFC, the Employment Standards Officemay impose a financial penalty on an Employerin 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 the Employment Standards Officeor in respect of(i) a determination; or(ii) a requirement, or information about these Regulations.(3) The Employment Standards Officeshall serve an Employerwith notice of a requirement imposed under paragraphs (1) and (2) above.(4) A person on whom the Employment Standards Officeimposes 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, the Employment Standards Officeshall dismiss the complaint.(6) The Employment Standards Officemay 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, the
Employment Standards Officeshall 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 an Employeror 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 the Regulatory Tribunal.(2) Any person against whom a determination has been issued under Article 57 (Determinations and orders by the Employment Standards Office) may request from the Employment Standards Officewritten reasons for the determination and the Employment Standards Officeshall comply with such request. Amended by QFC Reg 2012-1 (as from 11th April 2012)
Article 59 - Settlement agreements
Employment Standards Officemay 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 an Employeeor 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 the
Employment Standards Officeor the Regulatory Tribunal;(3) failure to appear before the Employment Standards Officeor the Regulatory Tribunalat 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 Officeor the Regulatory Tribunalin 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 the
Employment Standards Officemay appeal the matter to the Regulatory Tribunal.(2) The appeal shall be filed within thirty (30) days of receipt of the determination, decision, or fine appealed.(3) The Regulatory Tribunalmay grant a stay of the decision appealed from until the disposition of the appeal.(4) The Regulatory Tribunalmay attach conditions to the stay, including requiring a party to deposit as security part or all of a monetary order.(5) The Employment Standards Officeshall provide the Regulatory Tribunalwith the record that was before the Employment Standards Officeat the time the determination, order or fine was made, including any witness statement and documents considered by the Employment Standards Office.(6) The Employment Standards Officeis a party to an appeal under this section of any determination, decision or fine under appeal.(7) The Employment Standards Officeshall comply with any directions the Regulatory Tribunalgive to the Employment 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, the
Regulatory Tribunalmay:(A) refer the matter back to the Employment Standards Officefor further investigation; or(B) recommend that an attempt be made to settle the matter.(2) The Regulatory Tribunalmay dismiss an appeal without a hearing of any kind if satisfied that:(A) the appeal is not within the Regulatory Tribunal'sjurisdiction; or(B) the appeal is frivolous or trivial or is not brought in good faith.(3) On an appeal under this Part the Regulatory 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 the Employment 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) The
QFC Authoritymay 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 for Employeesor classes or Employees;(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 the
Stateinclude 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 Ministersof the State. Employee A Sponsored Employeeor an employee who is of Qatari nationality or is sponsored in the Stateby a member of his family and is employed by an Employer Employer The QFC Authority, the Regulatory Authority, QFC Commercial and Civil Court, Regulatory Tribunal, QFC Institutionor QFCEntity which employs one or more Employees Employment Standards Office The QFC Institution established pursuant to Article 6 of the QFC Law Full-time Employee An Employeewho works at least the number of hours determined by an Employer for Full-time Employeesunder Article 28. General Retirement and Social Insurance Authority The General Retirement and Social Insurance Authorityestablished pursuant to Article 26 of the Retirement and Pensions Law. Immigration Regulations The Regulations enacted or to be enacted by the Minister pursuant to the QFC Lawrelating to immigration of Sponsored Employees Part-time Employee An Employeewho is not a Full-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 QFCestablished under the QFC 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 time Regulatory Authority The Regulatory Authority of the QFCestablished pursuant to Article 8 of the QFC 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 Employeewho is not of Qatari nationality and who is not sponsored in the Stateby a member of his family and is therefore sponsored in the Stateby his Employer State The State of Qatar Usual Salary The salary the Employeeis 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 Term
Failure 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 Leave
Non-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)