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 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)