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Legislations of Qatar 5686 legislations - 58361 Articles
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Law No. 8 of 2009 on Human Resources Management
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Chapter Nine
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Law No. 8 of 2009 on Human Resources Management
Law Summary Record
Type:
Law
Number:
8
Date:
02/04/2009 Corresponding to 07/04/1430 Hijri
Number of Articles:
182
Status:
In force
Official Gazette :
Issue:
4
Offcial Journal Issue
Publication Date:
23/04/2009 Corresponding to 28/04/1430 Hijri
Page from:
38
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90 Article
The working days per week and working hours, and the official public holidays and the work to be organised therein shall be determined by a decision of the Council of Ministers as it is deemed appropriate for the common good. The employee may not work within the limits of the authorised holidays except in accordance with the provisions of the present Law. If one working day separates two official holidays such a working day shall be considered a holiday
91 Article
Types of leave shall be as follows:
Periodic leave.
Casual leave.
Sick leave.
Delivery leave.
Maternity leave.
Pilgrimage leave.
Marriage leave.
Eddah leave (the prescribed period the Muslim wife has to wait at the death of a husband before remarrying).
Condolence leave.
Husband- accompanying leave.
Mahram leave (wife-accompanying).
Patient-accompanying leave.
Exceptional leave.
Study leave.
Examinations leave.
Leave without pay.
The types of leave provided for in this Article shall be added to the employee's actual period of service, except for leave without pay if the total periods thereof exceeded one year whereas the excess period shall not be added to the employee's actual period of service.
92 Article
The employee shall be entitled to an annual periodic leave with a gross salary according to the following:
45 days for the incumbents of grade seven or above or the equivalent salary.
40 days for the incumbents of grades eight to ten or the equivalent salary.
30 days for the incumbents of other grades or the equivalent salary.
The employee shall be entitled to a periodic leave for any part of the year calculated by a percentage of the period he served.
If the employee's leave is interposed by official holidays or sickness, equivalent days in number shall be added to his leave.
The periodic leave due shall not be split more than three times within one year.
Notwithstanding the provision of this Article, the Council of Ministers shall issue a decision organising the periodic leave of the government agencies whose nature of work during the year requires special arrangement.
93 Article
At the start of work for the first time, an employee shall only be entitled to periodic leave after successfully completing the probation period.
94 Article
The employee shall not be entitled to periodic leave for the following periods:
If the employee resigned or his service was terminated during the probation period.
The period of leave without pay.
The period of suspension from work without pay if it exceeded seven days.
The period of notice of termination of service during which the employee is out of work
95 Article
The government agency may encourage its employees to take their periodic leave on an annual basis and if an employee is unable to take his full periodic leave due to work necessities, at least half of his periodic leave may be granted.
96 Article
The chief executive may request from the employee to return to work before the expiry of periodic leave if the interests of work so require.
97 Article
Without prejudice to the provision of Article 75 of the present Law, the chief executive may not grant an employee full periodical leave, if the interests of work require such, and the employee is to be paid cash in lieu of leave period of which he is deprived which shall be calculated on the basis of gross salary at the time of entitlement of the leave in addition to the periodic leave allowance.
And the employee shall not be deprived of his full periodic leave for two consecutive years.
98 Article
A Qatari employee shall receive a periodic leave grant equivalent to one month's salary each year, provided that the employee executes the periodic leave.
99 Article
An employee shall receive his full salary for the annual leave along with the salary of the month preceding the leave.
100 Article
An employee is entitled to a casual leave due to an emergency for a period not exceeding seven days in a year.
The casual leave may not exceed three days at a time. The employee must present justification for such leave to the employer either before starting or during the leave if necessary, otherwise such employee shall be considered absent from work. The employee's right to such leave shall cease to exist with the lapse of the year in which was due.
101 Article
An employee who is absent from work due to illness must report to the nearest medical facility for a medical exam to obtain the necessary sick leave report and have the same report submitted to the employer.
The employee shall be granted sick leave for a period not to exceed three consecutive working days at a time and a maximum of ten working days per year. If the granted period of leave exceeds the stated period then the report shall be referred to a competent medical authority for approval.
102 Article
In case of illness, an employee on sick leave for a period not exceeding one year shall be granted a gross salary. If not cured, a competent medical authority may grant employee sick leave for another period not exceeding one year with half of gross salary. If the competent medical authority estimates that the sick employee's case is incurable, such employee, if a Qatari national, shall be sent for retirement, and if an expatriate, his service shall be terminated.
103 Article
If an employee used up his sick leave provided for in the preceding Article without complete recovery, he may make use of the balance of his periodic leave.
104 Article
Without prejudice to the provisions of the preceding two Articles, an employee who incurred an injury or an occupational disease at work may be granted a sick leave gross salary for a total of a period not to exceed one year, not deducted from his periodic or sick leave.
If this period expires without recovery, such employee shall be referred to a competent medical authority to consider the termination of his employment if non-Qatari, or, if a Qatari national, granting of sick leave for another period of six months with a gross salary, or sending to retirement for being unfit to perform duties.
In implementing the provisions of the present Law, occupational disease applies to any injury or infection by any occupational disease incurred in or as a result of an accident that occurred during the performance of duties at work without fault or negligence by the employee. Death resulting from stress or exhaustion from working is also regarded as an occupational injury as long as it is proven in a report by a competent medical authority.
Also considered as an occupational injury is any accident an employee incurs during the period of going directly to or returning from work.
Occupational disease means the kind of infection common among workers in a profession or a group of professions and not others, in accordance with Table (3) attached herewith.
Disease is considered occupational if the symptoms manifest in the employee during the time of employment or within one year from the date of leaving the profession or job.
105 Article
A competent medical authority may grant an employee infected with a contagious disease, even if it does not stop him from work, a sick leave until such time that they issue a report indicating his cure. A competent medical authority may inform the government agency concerned not to allow such employee to carry on his work throughout such period. In cases where there is no possibility of a cure for the disease, a competent medical authority will issue its report on the employee to this effect.
106 Article
If an employee contracted a disease while abroad on periodic leave, or on official duty, he shall have his illness checked and the medical report shall be attested by the Qatari diplomatic mission, if any, and the employee will submit such report to his workplace upon return in order to have it referred and approved by a competent medical authority.
107 Article
If an employee contracts an illness during a probation period, such period shall extended to the length of the disease provided that the duration of the illness does not exceed a period equal to the period of probation. For such employee to be entitled to sick leave he must obtain a certificate from a competent medical authority.
108 Article
A female employee may be granted maternity leave with a gross salary for a period of sixty (60) days not to be deducted from her other leaves, provided that such employee provides proof of status by way of a medical report or certified copy of the child's birth certificate.
In all cases, the female employee may be granted the balance of periodic leave in addition to maternity leave.
109 Article
A female employee may be granted two hours a day for breastfeeding for one year, starting immediately from the end of maternity leave. The time of breastfeeding is determined by the employee.
110 Article
A chairperson may grant leave to a Qatari female employee in order to care for her children with disabilities who do not exceed the age of six (6), and twice during her working life, and to a maximum of three years at a time.
Without prejudice to the interest of the common good, the prime minister, in cases he deems considerable, may grant the Qatari female employee leave to care for her children.
In all cases, the leave pay in the first three years is a gross salary, and half of the total salary in excess of three years.
111 Article
The Muslim employee may be granted, once for the duration of his service in the state, a leave for a period of twenty-one (21) days with gross salary for the performance of the Hajj. Such leave shall not be deducted from the employee's periodic leaves
112 Article
An employee is granted, once throughout the duration of his service, a marriage leave for a period of fifteen (15) days with a gross salary, provided he presents a certified copy of the marriage certificate.
113 Article
A Muslim female employee whose spouse dies shall be granted Eddah leave with a gross salary for a period of four (4) months and ten (10) days, starting from the date of the spouse's death, or until giving birth if she is pregnant, and such period is not deductible from her other leaves. Such employee or whosoever acts on her behalf shall notify the employer of the death of her spouse and provide proof of death.
114 Article
An employee shall be granted funeral leave with a gross salary for five (5) days in the case of the death of a relative of the first degree, and for three days if the deceased was a relative of the second degree. Leave may extend for a period of seven (7) days if it is incumbent upon the employee to travel abroad.
Funeral leave is not deductible from other leaves if the incident happened during such period
115 Article
A Qatari employee may be granted a non-paid leave to accompany a spouse who is an employee in one of the government agencies, or companies to which government contributes, if such spouse is sent for representative missions of the State abroad, or if seconded to work abroad, or sent abroad for a period not less than one year in a study mission or training or study leave.
116 Article
A Qatari employee may be granted non-paid leave to accompany his wife or his female kin, in the following cases:
Official missions.
Training courses.
Other cases determined by the employer.
The accompanying husband or
a mahram
shall be paid by the government agency in which his wife works, half of the representation allowance and an air ticket in the same category prescribed for the employee in accordance with the organising regulations and provisions. The
mahrams
are defined in accordance with the provisions of Islamic Sharia.
117 Article
The chairperson may grant employee leave with a gross salary to accompany the patient for treatment outside the State in cases requiring escort facilities, upon the recommendation of the competent medical authority. The duration of leave shall be the period necessary for treatment of the patient abroad.
118 Article
By a decision of the chairperson, a Qatari employee may be granted sabbatical exceptional leave with a gross salary, to execute any works or tasks related to participation in the national teams or competitions or sports activities or programmes of social, cultural or any other similar reasons not related to the work of the government agency in which the employee works, at the request of the concerned authorities in these areas and for periods they specify
119 Article
A Qatari employee may be granted study leave for the period and under the conditions provided for by the Law governing the scholarship.
120 Article
A Qatari employee who studies at his own expense shall be granted leave with a gross salary for the purpose of writing examinations one week before their start provided he returns to work within a period not exceeding two days after the date of examination if performed outside the State, and one day if performed within the state.
In all cases, the following shall be considered:
Prior approval of the chairperson for the study at personal expense.
Attachment of a certified copy of the examination timetable, or whatsoever suffices, with a leave request form, indicating the date of commencement and the end of exams.
Providing proof of having written examinations.
121 Article
By a decision of the chairperson an employee may be granted non-paid leave for one month, to be renewed for a period or other similar periods, for the reasons expressed by the employee and approved by the chairperson, in the case of having depleted the balance of periodic leave
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