Law No. 18 of 2020 provides for the following:
- Article 39 provides for the following:
- Parties may agree to a maximum of one six months probationary period.
- Termination rights during the probationary period:
- the employer may terminate the contract if the employee is unfit to carry his/her duties subject to serving one month of prior written notice;
- in instances where the employee wishes to take up alternative employment, the employee is required to serve one month prior written notice and the new employer is required to compensate the exciting employer for recruitment and air ticket fees (as applicable and subject to a maximum of two months of the employee’s basic wage);
- in instances where the employee wishes to terminate the employment relationship and leave the country, the employee must serve written notice of his/her intention subject to the complying with the contractual notice requirements, which must not exceed two months;
- failure to comply with the notice requirements attracts a requirement to pay compensation and a potential of one year labour ban for foreign national employees who leave the country.
- Article 43 has been amended to allow contractual restrictive covenants to be inserted for a maximum period of one year (previously two years).
- Article 49 has amended the notice period requirements, with the minimum statutory notice being one month where the employee has completed two years or less of service and two months where the employee has completed more than two years of service. Failure to observe the notice period results in the same requirement to pay compensation and a potential labour band as set out above at Article 39.
- Article 52(bis) – this is a new article providing that in instances where the employer is terminating by reason of “economic, structural or other reasons that are not related to the employment contract” such as redundancy, in addition to the minimum notice requirements, the employer also has an obligation to inform the Ministry 15 days prior to such terminations.
- Failure to comply with certain provisions of the Labour Law may lead to a fine and/or imprisonment.
For more information on these articles or any other issues involving labour and employment matters in Qatar, please contact Sara Khoja (Partner) of Clyde & Co at sara.Khoja@clydeco.ae or visit www.clydeco.com.
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