In order to protect workers’ rights and ease out litigation between an employer and worker, Qatar‘s Emir H H Sheikh Tamim bin Hamad Al Thani yesterday issued Law No. 13 of 2017 under which a Labour Dispute Resolution Committee (LDRC) will be formed among other legal steps.
The new law has been sissued after amending some provisions of the labour law promulgated by Law No. 14 of 2004 and No. 13 of 1990. The law amended some provisions of some articles in the previous law and stipulated formation of one or more committees, named Labour Dispute Resolution Committee (LDRC), which will be established within the Ministry of Administrative Development, Labour and Social Affairs.
The law suggests that any issue between an employee and employer must be first considered by Department of Labour Relation which must settle the dispute within seven days. In case no agreement is reached, then the case must be transferred to the dispute committee within three working days.
If the committee found that his/her dismissal was arbitrary then committee has the right to return him/her to the job with due payments including allowances if from which he/she deprived because of the dismissal.
A judge will be heading the committee who will be chosen by the Supreme Judicial Council and two members nominated by the Minister. One of them must have experience in the field of accounting.
The Ministry of Administrative Development will decide the office for the committee. The secretariat of the committee will be staffed by one or more employees of the Ministry, whose competences and remuneration will be determined by the Minister.
The committee needs to settle the dispute before it within three weeks from the date of presentation of case. Members of the Committee shall be independent, with no authority over them in their decisions except the law, and no person or entity may intervene in the disputes heard by the committee.
The committee’s decision should be implemented fast and only the competent department of the Court of Appeal may have the authority to suspend implementation of its decisions.
It should be noted that before complaining to the LDRC, a worker should first report his grievance to the employer and the employer must reply within seven days, but if rejected or no response then he/she can appeal to the labor department at the ministry if same happened then he/she move to the LDRC, said the law.
The LDRC’s decision must include all details and have power of execution mentioned in article (362). The committee’s decision can be appealed at the appeal court within 15 days from the date of verdict.
Cases which lay under the mandate of the LDRC will not be considered by other courts and courts are only allowed to continue considering issues which were under these courts before the enforcement of this law.