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Wednesday, 27 June 2018

General Provisions for contract and laws

Model Labour Contract Format for Expatriate






Model Labour Contract
Embassy of India
P.O. Box 2788, DOHA, QATAR Telex No. 4646 INDEMB DH
Telephone No. 672021 GRAM : INEMBASSY DOHA
Fax No. 670448

Employment Contract
On the day Corresponding Between:
1. Mr . ………………………………………. in his capacity as First Party ………………………………..
2. Mr. ………..Personal/family identity card No. …. Holder of Passport No….Living in India Address ………Second Party
The two parties agreed on the following: ……………………………………………………………..
The Second party agreed to work for the First Party in the occupation in the State of Qatar.

I. Duration of Contract
a. The duration of this Contract is one year/two years effective from the date Second Party arrives in Qatar. The Contract terminates with termination of its duration without further notification. If the First Party desires the continuance of the Contract he shall notify the Second Party, in writing, about this desire for the renewal at least thirty days before the termination of the Contract. The Contract shall be renewed for a further period subject to mutual agreement of the First Party and the Second Party.
b. The Contract may not be cancelled before its termination without the consent of the two parties, and the Second Party will have to pay before he finally leaves the work all his debts payable to the First Party.

II. Travel Charges
a. The First Party shall undertake to pay the travel costs of the Second Party from the City of……..in India to the Place of work in the State of Qatar and the return air passage. The employer shall also bear the travel costs of the worker from the State of Qatar to India and back to Qatar on leave periods as provided for in the individual employment contract. These costs do not include expenses for acquiring a Passport or paying any insurances.
b. The First Party will be exempted from paying the return air passage in case the Second Party cancelled the Contract before its termination for unlawful excuses or in case his service is terminated for reasons defined by the Law such as breach of employment contract or for any of the grounds stated in Article 20 of the Qatari Labour Law.

III. Advances
a. The First Party shall pay to the person of the Second Party, if he desires, an advance of…in…. currency (about the salary of one month) before his travelling and to be deducted from the dues of the Second Party by monthly instalments to the amount of 10% (Ten Percent) of the basic salary.
b. The deduction of instalments shall take effect from the salary of the month following the start of the work of the Second Party.
c. The preceding two terms are applicable to loans paid to the Second Party in Qatari currency.

IV. Wage and Gratuity
a. The basic pay is …………………… per month/day as for the forty eight normal working hours per week. The Second Party shall have a paid weekly rest-day every Friday. He shall also receive payments as for the overtime in accordance with the Qatari

Labour Law.
b. For workers of production or piecework or task work. The basic pay is ……….as for the accomplishment of daily average performance according to trade or occupation as follows:-. Additional pay shall be paid as for the amount of work accomplished by the Second Party exceeding the preceding daily average performance as follows:-
In case there is no work by production the pay of the Second Party will be …Qatari Riyals.
c. The First Party shall undertake to put down in writing in a special card the daily overtime as provided for in paragraph (a) or the amount of work accomplished per day paragraph (b). The card shall be handed over to the First Party at the end of the day for registration and thereafter handed back to the Second Party.
d. End of Service Gratuity ………..

V. Accommodation and Living
a. The First Party shall undertake to arrange a free single accommodation for the Second Party and to supply it with beds and water closets according to health conditions.
b. The First Party shall undertake to provide the Second Party with cold drinkable water.

VI. Medical and Social Care
a. The First Party shall provide the Second Party with free necessary medical treatment at the hospitals of the State of Qatar.

b. The First Party shall provide the Second Party with medical first-aid at the residence of the latter under the supervision of he who is assigned by the First Party.
c. The First Party shall undertake that the Second Party shall receive his payable indemnity for labour accidents, disability or death arising out of service or as a result of his service.

VII. Holidays
a. The Second Party shall be entitled to a normal annual leave not less than two weeks with full pay.
b. The Second Party shall receive full pay in the following official holidays:- Eid Al-Fitr (Lesser Bairam) Three Days Eid Al-Adha (Greater Bairam) Three Days Eid AlIstiqlal (Independence Day) One Day.

The Second Party shall also have three other days of holiday with full pay during the year. These three days are to be declared by the Government or decided by the employer to all workers. c. Under the provisions of the Qatari Labour Law, the Second Party shall be entitled to paid sick leave after six months continuous service with the First Party. The sick leave shall not be adjusted against annual leave.

VIII. General Provisions
a. The Second Party shall undertake to perform his work according to daily average performance in his occupation. In case he fails to carry out this daily average performance he shall be subject to the table of penalties in this regard.
b. In the course of contract the Second Party shall not have the right to work for others, and the First Party shall not have the right to hire out the Second Party to any other employer.

c. The Second Party shall undertake to refrain from interfering in political or religious affairs and he will have to respect the local customs and traditions.
d. This contract is in conformity with the format ratified by competent authorities in the two countries.
e. The Qatari Labour Law and its executing regulations shall be considered as the legal basis of the text of this contract. There shall be recourses to the law in respect of any dispute between the two parties unless the terms of this contract provide better benefits for the Second Party. This contract is made in Arabic and English Versions and issued in one original and three copies, one copy to be given to the Second Party.
First Party – Employer
Second Party – Worker

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