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  • Part 6: Part 6: Employment Terms

    • Article 17 - Employment contract

      (1) The Employer shall give each Employee a written employment contract which shall include at a minimum:
      (A) the name of the Employer and the Employee;
      (B) the date of commencement of employment;
      (C) the Employee'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 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 Employee is an Employee who works fewer hours than the standard full-time working hours determined by the Employer. A Part-time Employee may 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 Employee has the same rights conferred by these Regulations as a Full-time Employee.
      (3) The entitlements of a Part-time Employee must be calculated on a pro-rata basis.
      (4) However, if a Part-time Employee works 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 Employee were 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 Employee to a probation period, provided that the probation period shall not exceed six (6) months.
      (2) The Employee shall not be subjected to more than one (1) probation period with the same Employer except for cause.
      (3) If such a probation period exists the Employer may terminate the employment contract within the terms of the probation period if it determines that the Employee is not capable of carrying out the work for which he has been employed. In such a case the Employer shall give the Employee no less than two (2) weeks written notice.

    • Article 19 - Obligations of Employees

      (1) Employees shall, except as specified by their Employers 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 the Employer concerning the performance of the work provided that the orders do not contravene the QFC Law or any regulations, rules, policies or procedures issued thereunder, the criminal laws of the State or the employment contract and provided that the carrying out of these orders will not subject the Employee to 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 Employer within the limits of available facilities;
      (I) not disclose any confidential information of the Employer 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 the Employer 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 the Employer.

    • Article 20 - Restrictive covenants

      Any provision in an Employee's employment contract that provides that the Employee may not work on any similar projects or for a company which is in competition with the Employer must be reasonable, must not constitute an unreasonable restraint on trade, and must be appropriate to the circumstances of the Employee's employment with the Employer.

    • Article 21 - Impossibility of work

      The Employer shall undertake to provide the Employee with all resources needed to carry out his work. If the Employee arrives at his place of work ready to perform his duties but cannot do so due to reasons beyond his control, the Employee 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 the Employee's job title, work description or location within the State from time to time, and must provide prompt notice to the Employee of such change or changes. If a condition of employment is substantially altered, the Employee may seek a determination from the Employment Standards Office that his employment has been constructively terminated.

    • Article 23 - Termination of employment with notice

      (1) Except as otherwise provided for in these Regulations Employers and Employees must provide notice of their intent to terminate employment.
      (2) The notice required to be given by an Employer or Employee to terminate an Employee's employment, where the Employee 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 the Employer shall pay the Employee his salary during the notice period.
      (4) This Article shall not prevent an Employer and Employee 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 the Employee to 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 Employer may terminate an Employee's employment without notice in the circumstances set out below:
      (A) there has been a material breach by the Employee of his employment contract or these Regulations;
      (B) the Employee has submitted false documents or certificates;
      (C) the Employee has committed a mistake that has resulted in substantial financial losses to the Employer;
      (D) the Employee has violated more than once instructions related to the safety of other Employees and the establishment despite being issued a previous written warning;
      (E) the Employee has committed several breaches of his employment contract or these Regulations which do not individually constitute a material breach and the Employer has previously warned the Employee in writing;
      (F) the Employee divulges secrets of the Employer;
      (G) the Employee is found intoxicated with alcohol or under the influence of illegal narcotics while on duty;
      (H) the Employee physically assaults his Employer or other Employees;
      (I) the Employee 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) the Employee is found guilty in a court verdict of a crime which the Employer in its absolute discretion considers sufficiently serious to merit dismissal; or
      (K) the Employee has otherwise engaged in gross misconduct.
      (2) In the event of such termination, at the request of the Employee the Employer shall provide a written statement of the reason for the termination and of the Employee's recourse.

    • Article 25 - End of service

      (1) Upon the end of service of an Employee, the Employer shall comply with the terms of the employment contract in respect of termination of contract.
      (2) An Employer shall pay all outstanding wages and other fees owing to an Employee within thirty (30) days after the Employer or Employee terminates the employment.

    • Article 25A - Retirement and pension

      (1) Notwithstanding Article 2(4) (Application), the Retirement 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 the Council of Ministers and 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 Authority and take the necessary steps to implement the Retirement and Pensions Law.
      (3) The application of the Retirement and Pensions Law pursuant to paragraph (1) shall take effect from the date prescribed in the Council of Ministers' decision.
      Amended (as from 18th July 2019)