Amended Labor Law Ensures Speedy Justice for Workers
Saturday, August 19, 2017
The Peninsula -- To protect workers’ rights and simplify litigation between an employer and worker, the Emir HH Sheikh Tamim bin Hamad Al Thani issued Law No.13 of 2017 under which a Labor Dispute Resolution Committee (LDRC) will be formed among other legal steps. The Committee will be established within the Ministry of Administrative Development, Labor and Social Affairs (ADLSA).
The new law has been issued after amending some provisions of the Labor 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 Labor Dispute Resolution Committee (LDRC), which will be established within ADLSA.
The law indicated that dispute between employee and employer first needs to be considered by the Labor Relations Department, which must settle the dispute within seven days. If the department fails to settle the dispute within the designed period, the department must transfer the case to the dispute committee within three working days.
Exceptionally, a worker or employee can file case directly to the dispute committee in case of dismissal.
If the committee finds that his/her dismissal was arbitrary, the committee has the right to return him/her to the job with due payments including allowances from which he/she has been deprived because of the dismissal.
The Committee shall be formed under the chairmanship of a judge of the Court of First Instance, 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 Cabinet will decide the rules and procedures to be followed by the committee and also the mechanism for implementing its decisions and rewards.
The Ministry of Administrative Development will then 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 will have jurisdiction in all individual disputes arising from the application of the provisions of this law or the employment contract.
The committee will decide on the dispute before it within three weeks from the date of presentation.
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 decisions issued by the Committee will have to be implemented fast and only the competent department of the Court of Appeal may have the authority to suspend implementation of its decisions.
Any worker before filing complaint to the LDRC must convey his/her grievance to the employer within seven days and the employer must also respond 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, the law stipulates.
The LDRC’s decision must include all details and have power of execution mentioned in article (362).
Appeal on the committee’s decision can be held at the appeal court within 15 days from the date of the verdict said the law.
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.