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KeywordsReem Al KuwariAdministrative Office of the Committees for Settlement of Labor Disputes
Ghinwa Al Alwani
Mrs. Reem Khalifa Jassim Al-Kuwari, responsible for the administrative office of the labor dispute settlement committees, announced a plan to develop dispute settlement committees that will contribute to expediting the settlement of cases referred to them and increasing the number of labor committees. Al-Kuwari said in an exclusive interview with (Al-Sharq), we seek to develop the electronic program in the labor dispute settlement committees, and we will launch our new program soon, which will contribute to receiving larger numbers of cases, speeding up the issuance of final judgments in favor of workers and accelerating the mechanism for receiving cases.
The official in charge of the Administrative Office of the Committees for the Settlement of Labor Disputes pointed out that the committees are competent to adjudicate all individual disputes arising from the application of the provisions of the Labor Law or the employment contract, and its importance comes within the framework of the state’s keenness to protect workers’ rights and simplify litigation procedures in labor disputes.
Reem Al-Kuwari explained that there are 4 types of lawsuits received by the dispute settlement committees, which are: labor cases, Qataris working in the private sector, and domestic servants, in addition to the lawsuits filed by the company’s owner against the worker. Work to the dispute resolution committees and give them a case number, and a session is scheduled for it by the committee judge, and the case is deliberated until the final judgment is issued.
She emphasized that most cases received by the committees are delays in wages and non-payment of end-of-service benefits. With regard to domestic workers, the complaints received by the committees are very few. With regard to Qataris working in the private sector, most of the lawsuits are due to job injustice, their dissatisfaction with the evaluation, and their failure to receive an end-of-service gratuity and promotion.
Mechanism of work of the committees
* Tell us about the mechanism of work of the committee?
– The committees were established by a decision issued by the Honorable Council of Ministers No. 6 of 2018 to form committees for the settlement of labor disputes, the rules and procedures to be followed and the mechanism for implementing their decisions and determining their rewards. Work on the committees for the settlement of labor disputes began on 03/18/ of 2018.
We have an administrative office It is divided into two sections to serve the public, the archive and the administrative office includes 3 labor committees, and each committee is headed by a judge from the Court of First Instance chosen by the Supreme Judicial Council, and a number of members, one of whom is experienced in the field of accounting. The other is an expert in law.
Each committee includes secretaries and they assist the judge in deporting and receiving files, and that the first point a worker can start through is to file a complaint at the Ministry of Labor through the Department of Labor Relations, as they have a special section in labor disputes, and then the parties to the dispute are summoned to be resolved in a manner Before the case was referred to the labor dispute settlement committees, which are within the framework of the complaint and have not been turned into a lawsuit. In the event that the settlement is not completed, the Labor Relations Department transfers the dispute to the dispute settlement committees, and thus the case takes a case number, and the complaint number that was previously is closed.
Preserving workers’ rights
* What is the purpose of establishing dispute settlement committees?
The committee is exclusively competent to settle all individual disputes arising from the application of the provisions of the labor law or the employment contract. The importance of this committee comes within the framework of the state’s keenness to protect workers’ rights and simplify litigation procedures in labor disputes.
4 types of lawsuits
* What are the types of lawsuits submitted to the labor dispute settlement committees?
– We have 4 types of lawsuits, the first type is classified as (P), which is labor lawsuits so that the worker has filed a lawsuit against the company and we have the type (S), which is for Qataris working in the private sector, and we have (M), which is dedicated to domestic servants and owners of personal sponsorship and we have the lawsuit ( r) So that if the owner of the company files a lawsuit against the worker and the committees have jurisdiction to settle individual disputes arising in work contracts or arising in labor law. The complaint is transferred by the Labor Relations Department to the Labor Dispute Resolution Committees, and they are given a case number, and a hearing date is set for it by the committee judge, and the case is discussed until the final judgment is issued.
Labor issues
* What are the most common disputes brought to the committees?
– Among the most common cases that we receive to the dispute settlement committees are labor cases, and the worker has filed a lawsuit against the company, and also the other type that is most frequently received by the committees is the delay in wages and non-payment of the end-of-service gratuity. With regard to domestic workers, the complaints received by the committees are very few.
Promotion and end of service gratuity.. Most complaints
* What are the most prominent issues related to Qataris working in the private sector?
– The Labor Dispute Resolution Committees receive Qatari workers in the private sector and they are given a date for a litigation session. The judge is the one who sets the date for the session. The plaintiff and the defendant are notified at the first session. If the defendant does not attend, he is notified by mail, text messages, or direct communication via National Address Road. After the presence of all parties, the judge listens to them and brings the necessary papers and documents. With regard to Qataris, most of the cases are due to job grievances, their dissatisfaction with the job evaluation and their failure to obtain the end-of-service gratuity and promotion, which is what most of the cases revolve around. The judge is the one who resolves the dispute after issuing a final and final decision, which is The judgment of a court of first instance is considered and taken by the judge and delivered to the parties to the dispute who, in turn, can appeal.
The work location of the committees
* Is there a headquarters for the dispute settlement committees within the Ministry of Labor?
– Yes, the first floor in the Ministry of Labor has been allocated to the dispute settlement committees. It contains an administrative office, public service, and 3 halls, headed by a judge. Disputes are resolved within the Ministry’s headquarters.
Adjudication of the case
* How long does it take to consider labor cases?
– Every lawsuit has its own duration, but labor lawsuits that are limited to material claims can have a final judgment issued within a month or less, perhaps several weeks, and there are cases that take two months, and there are other cases in which the judge issues a preliminary and not final decision for several reasons and delays the issuance of the final judgment, but settlement committees Disputes have been established to take decisions quickly, especially labor issues. If there is a worker who has financial dues, they are resolved quickly and are not subject to delay, as the delayed wages are considered as quickly as possible and the end of service gratuity as well.
Separation in favor of employment
* Are there monthly statistics for the number of cases received by the committees?
– We take large numbers of cases, and we have monthly statistics issued by each judge on the number of cases that have been resolved in the dispute resolution committees, including current judgments, final and preliminary judgments. A large number of labor issues are resolved in the dispute settlement committees, and most peremptory decisions are in favor of the workers.
Developmental Plans
* Is there a plan to develop labor dispute settlement committees?
We have plans to develop the electronic program in the labor dispute settlement committees, and we will launch our new program soon, which in turn will make it easier for secretaries to take larger numbers of cases and make it easier for judges to receive larger numbers of cases. There is a plan to increase the number of labor dispute resolution committees, where we currently have 3 Committees We seek in the future to increase the number of labor committees, and this would contribute to accelerating the issuance of peremptory judgments in favor of workers and also speeding up the mechanism for receiving cases further.
Transfer of claims electronically
* How are cases transferred by the Department of Labor Relations to the Dispute Resolution Committees?
– Cases are referred to the dispute resolution committees electronically when the dispute is not settled through the Labor Relations Department. We have an electronic portal through which the complaint is transferred to a case. The plaintiff and the defendant are notified that the complaint has been closed and transferred to the dispute settlement committees in an automated manner. We have the public service in The Ministry’s headquarters is on the first floor from 2 pm to 5 pm. We receive inquiries from the public and their inquiries about cases. We receive requests for urgency. The urgency is approved by the judge, since the judge is the one who sets the dates for the sessions. We receive any worker who is wronged by his employer, whether in the Labor Relations Department or in the dispute settlement committees, and there are many cases that have been settled by the Labor Relations Department before resorting to the labor dispute settlement committees.
Labor issues
* What are the most common issues facing employment?
The most prominent labor issues are of a material nature, which is a delay in receiving wages and end of service benefits, in addition to labor issues that are characterized by delays in the delivery of salaries and the end of service.
Expediting Cases
* Is there a mechanism for developing dispute settlement committees?
– There is a new program that will be launched that may help in accelerating the identification of lawsuits sessions and the possibility of scheduling sessions for a larger number.
Binding Decisions
* If it is not possible to resolve disputes within the dispute settlement committees, how is the settlement done?
– The judge summons the two parties to the dispute and listens to them, and then the case proceeds according to what is decided, but the cases of Qataris working in the private sector need sufficient time to be resolved because they require the use of arithmetic experts and write their reports, and in the end it is not possible to resolve because the judge will issue the judgment that will be implemented and it is binding on the parties to the dispute It is an executive order. Final rulings are issued by the judge only, and there are types of rulings, and sometimes the case is rejected from the ground up, and this depends on the evidence, documents and the judge’s ruling. In some cases, there are financial dues that are implemented in the enforcement court, which forces the defendant to implement the judgment. If the judgment is not implemented, the funds are seized.
