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Civil Human Resources Law

Qatar's Civil Human Resources Law No.15 of 2016 came into effect on 6 November 2016, followed by the Cabinet’s Decision No.32 of 2016 for issuing the Executive Regulation of this Law on 27 November 2016.

The Law applies to all civil servants of Qatari ministries and other government agencies, as well as public authorities and institutions, and it highlights the State’s commitment to the development of its employees and the assurance of a safe and fair working environment.

This Law does not apply to judges or their assistants, public prosecutors or their assistants, Emiri Diwan employees, diplomatic or consulate corps’ employees, university teaching staff, Qatar Petroleum employees, Qatar Investment Authority employees, or State Audit Bureau employees.

The Law provides detailed information about everything from budgets to job creation, job descriptions, grading criteria, recruitment processes, as well as appointment and approval procedures.

Appointment and Probationary Period

As per the provisions of the Law, the priority is given to Qatari citizens in appointments for government and public sector jobs. If a Qatari national is not available for a specific position, the order for consideration of non-Qatari employees is as follows: children of Qatari women married to non-Qataris, non-Qataris married to Qatari nationals, Gulf Corporation Council (GCC) nationals, Arab expatriates and other nationalities.

The person appointed to a position shall satisfy the following conditions: employees must be at least 18 years of age, satisfy the qualifications and conditions required for the position, pass the tests, competitions and qualification programs prescribed by the government entity, and be medically fit to perform the functions of the offered position. Moreover, the employee should have a good conduct and reputation, has never been sentenced by a final judgment to prison for a crime involving moral turpitude and breach of trust, unless otherwise he/she has been rehabilitated, and has never been dismissed from the job by a final ruling or disciplinary decision, unless one year has lapsed since then.

The employee who is appointed for the first time shall be subject to a probation period of three months renewable for a similar period, starting from the effective date of recruitment. During this period, an evaluation report on the performance of the employee shall be prepared by the director of the concerned department and approved by the Chief Executive Officer.

If the employee’s performance fails to meet expectations, his/her service shall be terminated, and the employee will be notified of this decision and will not be entitled to the end of service allowance for the probation period.

Where an employee has successfully passed the probation period, or in case the probation period has ended without informing the employee of his termination, he/she will be admitted in the position and the probationary period shall be counted in the service.

For more information, please check the Appointment section on Al Meezan Qatar Legal Portal.

Training and Development

The government entity shall develop its human resources by providing its employees with appropriate opportunities for training, development and qualification, in order to foster and enhance their capacities and provide them with new skills to improve their performance and qualify them to assume other responsibilities.

For more information, please check the Training and Development section on Al Meezan Qatar Legal Portal.

Performance Management

The government entity shall set a performance management system, based on the performance of the employees and their administrative units, in order to motivate individual achievements and boost their team spirit.

The employee gets notified of his/her appraisal upon receiving a copy of the approved performance evaluation report, and he/she can appeal the performance rating within 15 days from the date of notification, and the employer should respond within 30 days. If, after this duration, the employee doesn't get notified of the amendment of the report, then this is considered a rejection, and the employer's decision in this case is final. The report is not considered a final one unless the appeal duration has ended or a decision has been made regarding it.

The Chairman may grant an incentive award to the employee who provides distinguished services or works, research or suggestions that enhance the work methods or upgrade the performance or save the expenses, provided it does not exceed the total monthly salary of the employee. This award shall not be granted more than twice per year.

For more information, please check the Performance Appraisal system section on Al Meezan Qatar Legal Portal.

Promotions

Promotions for job grades 12 to excellent should be made based on seniority and according to the performance evaluation.

Promotions by seniority till job grade 1 should satisfy the condition that the employee has been rated “very good” for the last two years covering the intermediate period set forth in the Job Description, Classification and Arrangement Manual, and that he/she has passed all the necessary training courses for the candidates to be promoted, which have been determined by the Minister, in accordance with the National Training Plan set by the Ministry.

Promotions are available to all employees whose work performance has not fallen during the prior two-year period below a grade of “very good” for the special and excellent degrees.

The Distinguished Employee’s Promotion

The distinguished employee may be exceptionally promoted, by a decision of the Chairman, to the next higher grade, without complying with the condition of the intermediate period or that of the qualification, provided that his/her performance evaluation is rated “excellent” in the last two reports, spent no less than five (5) years of service, wasn’t subject to a disciplinary action unless it got removed, and didn’t exceed his/her leave balance over five (5) months during the prior two years, excluding the annual and sick days.

The employee shall not have an exceptional promotion before the elapse of 10 years of his/her pervious exceptional promotion, and he/she may not be awarded more than two exceptional promotions during his/her service in the State.

For more information, please check the Promotions section on Al Meezan Qatar Legal Portal.

Employment Rights and Benefits

Healthcare

The government entity shall provide medical care to its employees and their family members, in accordance with the health insurance policy adopted in the State.

Leaves

The Law identifies all kinds of leaves the employee is entitled to during his/her service, including annual, casual, sick, emergency, study, unpaid leave...etc. In case the employee couldn’t take his/her full annual leave due to the job needs, he/she must take at least half of his/her annual leave days in a given year, and transfer the other half to the annual leave balance in the next year. No cash allowance is given to the employee for any unconsumed annual leave days.

Occupational health and safety issues are of important focus in Qatar’s Civil Human Resources Law. The employee who is absent from work due to sickness, must report to the closest medical authority for checking and obtaining the necessary sick leave report. The employee shall provide his/her employer with a medical report.

The employee shall be authorized to take a sick leave for a period not exceeding three (3) consecutive working days at a time and up to a maximum of 10 working days in a year. If the leave exceeds this period, the report shall be referred to the competent medical authority for approval.  All employees may claim up to one year of sick leave, with full salary and benefits. A second year, at half salary, may be added to this, if proven to be medically necessary.

If the competent medical authority considers that he/she is incurable and unfit to carry on with his/her job, the employee shall be retired for being medically unfit, if he/she was Qatari, and his/her service shall be terminated if he/she was non-Qatari.

For more information, please check the Leaves section on Al Meezan Qatar Legal Portal.

Increments and Allowances

The employee is entitled to increments, allowances, and other compensations including the social increment (for Qatari employee), housing allowance, transportation allowance, representation allowance, nature-of-work allowance based on the regulations set by the Cabinet’s decision, retention increment, exceptional increment, telephone allowance, overtime work allowance, motor vehicle allowance, supervisory position allowance, and furniture allowance.

The previously mentioned increments and allowances might be amended, or new ones could be added, by the Cabinet. The Executive Regulation of this Law determines the categories of the increments and allowances, as well as their entitlement terms and conditions.
The Qatari employee is entitled to a periodic increment one year after the appointment date or after receiving the previous periodic increment, until he/she reaches the ending salary in the salary scale of his/her grade, and the increment’s value is determined in accordance with the set categories in Table 1 of Grades and Salaries.

The periodical increment may not be deferred or withheld unless the performance evaluation report of the employee is poor or a disciplinary decision to deprive him of the increment or to defer payment of his bonus has been issued. The deference decision shall entail the forfeiture of the right to the bonus during the period stated in the decision, without having any effect on the due date of the next bonus.

A monthly bonus is given to the Qatari employee whose salary reaches the ending salary in the salary scale of his/her grade, and this bonus gets paid in accordance with the same periodic increment category of his/her grade listed in Table 1 of Grades and Salaries.

In addition to the previously mentioned allowances, cash loans could be paid to employees, and their types and values are determined by the Executive Regulation of this Law, as well as their payment or expenditure terms and the cases exempted from receiving them.

Travel Tickets

The government entity bears the costs of travel tickets for the employees sent on an official mission in accordance with the terms and conditions listed in the Executive Regulation of this Law.

The government entity shall cover the costs of air tickets for non-Qatari employees employed under an external employment contract, in addition to the tickets cost of his/her spouse and three of his/her children whose ages do not exceed the age of 18, such cost coverage shall be made in the following cases:

  • - Upon appointment for the first time.
  • - In the event of taking one periodic leave in a year.
  • - Upon recall from the periodic leave, and in this case, the ticket is paid to the employee only.
  • - On the employee’s final departure from the State to his/her home country at the termination of the employment.

The non-Qatari employee shall be entitled to receive the cash in lieu of airline tickets due to him/her and the family, even if they do not actually travel to the country which he/she holds its nationality upon appointment.

In all cases, the travel ticket gets paid based on the home country listed in the employee’s contract in the beginning of the appointment.

For more information, please check the Increments and Allowances section on Al Meezan Qatar Legal Portal.

End of Service

The service of the employee shall end for one of the following reasons:

  • - Reaching the age of 60. (The employee, after reaching the age of 60, may remain on job for public interest considerations).
  • - End of the contract.
  • - Resignation.
  • - Medical incapacity. (The employee’s medical incapacity can be proved by the report issued by the competent medical authority as per the employee’s request or as per the employer he/she is working for. The service of the employee must not be terminated for medical incapacity before the exhaustion of the leaves to which the employee is entitled, except by his/her consent and provided that the employee gets a compensation for the accumulated leaves before the end of the service).
  • - Disciplinary dismissal.
  • - Dismissal by an cabinet decision for reasons related to public interest.
  • - Issuance of a final judgment against the employee in a crime in breach of honor or honesty. However, if the judgment includes a stay of execution or is issued for the first time against the employee, the service of the latter shall not end unless the Government Entity issues a reasoned decision based on the merits of the case to dismiss him/her as his/her existence might be inconsistent with the job requirements or nature.
  • - Loss of the Qatari citizenship.
  • - Death.

In the event of the employee’s death, the government entity shall release at once the full salary for the month in which the employee died, in addition to the next three months. These amounts shall be considered as a grant and not as a part of the end-of-service benefits. In addition, they shall not in any case be subject to lien or set-off from any amounts that might be due to the government entity from the deceased employee.

The government entity shall bear the expenses of preparing and transferring the body of the non-Qatari employee, who died in the course of his/her employment with the government entity, to his/her homeland, along with a travel ticket to one of the deceased’s relatives to accompany the body.
In the event where the employee dies or becomes totally or partially disabled, in the course of employment or because of it, the employee or his/her heirs, as the case may be, shall be entitled to a compensation for the death or the disability and it shall be determined as follows:

  • - In case of death or total disability, the compensation shall be equivalent to the employee’s full salary for 2 years or the legally decided blood money, whichever is greater. The death resulting from stress or exhaustion from work is considered a work injury if it is proven by the competent medical authority.
  • - In case of partial disability, the compensation shall be assessed by a percentage of the total disability compensation equivalent to the percentage of the partial disability to the total disability pursuant to the decision of the competent medical authority.

Resignation

The employee is entitled to resign from his/her job. The authority concerned with the approval of the resignation is the same as the appointment authority, provided that the resignation is submitted in writing and does not include any condition or restriction, and mentions the date of the end of service.

The resignation request should be settled within 30 days as of its submittal, otherwise it will be considered as legally approved. However, the approval of the resignation request during this period may be postponed for a similar period for reasons related to the interest of work.
If the employee is referred to a disciplinary interrogation, his/her resignation shall not be approved before a decision is reached regarding the sanction to be imposed other than that of dismissal.

For more information, click on the End of Service section and General Provisions section.

End of Service Benefit

The Qatari employee who has spent at least one year working for a government entity, shall be entitled to an end-of-service benefit counted as follows: a one (1) month salary for every year of the first five (5) years of service, a salary of one month and a half for every year of the next five (5) years of service, and a salary of two (2) months for every year after that.

The end of service benefit for the non-Qatari employee shall be counted based on a one-month salary for each year of service, subject to a maximum limit of 10 months.

For more information, please check the End of Service Benefit section on Al Meezan Qatar Legal Portal.

To check the Civil Human Resources Law (2016), click here.



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