A number of small businesses have been accused of exploiting their workers by denying them simple benefits laid down in Qatar’s labor law.
According to some employees – many of whom put in long hours in grocery stores, restaurants, cafeterias, juice stalls and convenience shops – their bosses are routinely flouting the rules because they know they can get away with it.
The Qatar Labor Law was introduced to safeguard the interests and welfare of low-paid workers and clearly states the legal working hours in the country; mandatory overtime rates; and benefits such as one flight home a year.
Adding insult to injury, more and more small businesses are wilfully ignoring the rules as the number of expatriates rises.
Unlike large groups of workers, say in the field of construction, who band together to fight for their rights, employees in small businesses often feel isolated and unable to air their grievances.
“Workers of smaller establishments like restaurants and cafeterias may have numerous problems at their work places, but they rarely seek our mission’s intervention,” said an official at the Indian embassy.
He added that the embassy’s help is mostly sought only when employers terminate workers at short notice.
Most of small business employees are brought into Qatar on visas provided by their bosses.
Another grocery worker in Najma said he has had to buy his own air ticket to travel home for his vacation once every two years. “As per the labor law, employers should give tickets to their workers when they travel home on vacation,” clarifies Indian legal expert Nizar Kochery.
He adds that an employee has the right to seek the intervention of the labour department if such benefits are denied to him.
However, a grocery store owner told Gulf Times that most of his workers are not under his sponsorship, thus not making him liable for such provisions, enshrined in the relevant law. But he had no answer when asked whether his workers have been employed with prior permission from the concerned departments.
According to Articles 73, 74 and 75 of the Qatar Labor Law, workers are also entitled to overtime allowances if their work exceeds the stipulated 8 hours. Article 73 stipulates that eight hours a day and 48 hours per week is the maximum for workers. However, it is an open secret that staff at most groceries, cafeterias and restaurants put in at least twice this stipulated time and still are not paid for the additional hours.
The law also clearly states that during Ramadan, the maximum permissible working hours should be reduced to 6 hours a day and 36 hours a week.
Article 74 ensures that workers get overtime for extra hours, but they should not exceed 10 hours a day unless there is an emergency. The worker is entitled to an additional 25% of their wages for the extra work.
According to Article 75, workers should also get a weekly paid rest and if they work on a rest day they should be given 150% of their basic wage.
Article 3 has not exempted supermarkets or similar establishments from the application of the labor law.
“Unfortunately, most of such provisions are violated by operators of smaller establishments,” says Kochery.
Source: Gulf Times
Comments
Labour Law?
A law is only useful when there are enforcement and administration of justice. In Qatar, a law is just a law. It doesn't mean a thing. The police are too afraid to enforce it and the judges are too stupid to administer it. The passing of a law in Qatar is meaningless. I suspect this is the same elsewhere in the Gulf. All laws of the world are based on a written code and the administration of the written code by a group of individuals (judges) The laws are based on due process where people are able to defend themselves via a lawyer. In Qatar, there are no such things. There is no law.
When a crime has been committed, it depends on the person committing the crime. If he is connected to a well connected family, I suspect the case will not even go through the police. It will be dismissed right away. Meaning, you can get away with murder in Qatar if you know the right person. Even if the police took action and bring the person to "justice", there is still the issue of the interpretation of the law. In Qatar, the law is interpreted individually by the judges. meaning there is no precedence. Even if a judge before this judge had sentenced a person to jail, the different judge means it is up to him to interpret the law. He could allow the guy to go scott free since it is up to him to interpret the law. This is only one complication in the laws in Qatar.
There are a lot. Companies coming to the Gulf must be aware that the law here is "different" from any civilized countries. You can be right and still be wrong ......
Who enforces any of the "laws" around here?
Why just stop at labor laws? Who enforces the No Smoking in Public Places law, in effect since 2005? Who enforces what and where large trucks can drive? Who enforces overweight trucks (tearing up the new asphalt on Salwa Road before the project is even completed)? Aren't children supposed to be in seat belts at least? You are talking about a country where the local citizens can't even drive between the lines let alone something as complicated as figuring out how many hours their maid may have worked that week!
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