Guiding Articles for the Personnel Bylaws

Introduction
The following articles represent the mandatory rules which the Licensee shall incorporate into the independent school personnel bylaw. The following articles provide for the mandatory minimum rights and obligations of both the licensee and the employee.

The Education Institute will not approve personnel bylaws that conflict with the following guiding articles. Where there is a conflict between any of the provisions herein and the Labour Law, the provisions that are more beneficial for the employee shall prevail.

Jobs and Hiring
Article (1)
The independent school shall propose an organizational structure and job schedule to be approved by the Institute. The organizational structure shall include a detailed post description card for every post and the responsibilities and the requirements needed and expected from those holding the post.

Article (2)
Qataris of both genders shall be given a preference in hiring.

Article (3)
The Independent School Licensee shall, in compliance with the job regulations, classification and categorization adopted by the Institute, sanction the rules and criteria to be applied during the employees selection process. The objective of the said rules and criteria shall be to ensure that employees possess the qualification and capabilities necessary for the performance of the job requirements taking into consideration the relevance between specialisation and the post to be filled.

Article (4)
The following conditions shall be met by those to be hired in the independent school:

1. Must be of good behaviour and standing; have not been previously convicted of a moral crime or breach of fiduciary duty. Individuals who have been convicted of the said offences/crimes but have been rehabilitated and can present an official certificate of rehabilitation from a competent governmental authority may be appointed;
2. Must be at least 18 years of age. Age shall be verified by birth certificate or other official documents that notes the birth date;
3. Must successfully pass all tests and interviews administrated by the independent school
4. Must be medically fit for the. Medical fitness shall be confirmed by a certificate issued by a competent medical authority in the State;
5. Must hold the necessary educational qualifications and practical experience required for the post. Proof of qualifications shall be established by submitting documents and certificates that has been authenticated and approved by the competent authorities.
6. Enclose as part of his credentials a certificate from the Ministry of Civil Affairs and Housing acknowledging that he is not working at the governmental sector and another certificate from the Pensions and Retirements Authority confirming that he is not benefiting from the Pensions System.

Article (5)
Hiring shall be by way of employment contracts which contracts shall enunciate the rights and duties of the both parties.

The employment contracts for Qataris shall be authenticated by the Labour Department and made in triplicate. One original copy shall be handed to the Employee, the second to the Labour Department and the third shall be sent electronically to the Education Institute.

Article (6)
The administration of the Independent School shall use for Qatari Employees the uniform model employment contracts approved by the Education Institute .

Probation Period
Article (7)
The Employee shall be on probation for a period not exceeding three months. The probation period shall start on the commencement date. During that period, the employee shall be evaluated by the relevant department director. Evaluation shall be reported to the school administration which may terminate the contract if it is established that the employee is not suitable for the post held. The Employee shall receive all his entitlements during the probation period.

The Employee may not be placed under probation more then once with the same Employer.

Article (8)
Upon successful completion of the probation period, such a period shall be considered part the employee’s term of service at the Independent School.

Working hours and Overtime
Article (9)
The Independent School shall determine the daily working hours. The total working hours per week for employees holding tenured posts shall be 40 hours divided on five working days. Subject to the Institute approval, the Independent School may change the total working hours. Working hours in the holy month of Ramadan shall be reduced to 30 hours per week divided on five days.

Article (10)
Subject to the prior approval of the licensee or his representative and If the interest of the work so requires, an employee may be commissioned to perform some work outside the normal working hours or during the week ends or official holidays. Remuneration for the extra hours worked shall be calculated according to Labour Law.

Article (11)
The total hours of overtime work shall not exceed 40% of the total working hours of the same month. Subject to the prior approval of the Licensee or the Principal and in the cases of emergency, an employee may be requested to work extra hours the amount of which may exceed the overtime maximum hours permitted.

Official Holidays
Article (12)
Work in Independent Schools shall be suspended during the State official holidays. Should an employee work during official holidays, a number of days equal to those worked by the employee shall be added to his annual leaves or he shall be paid for.

Leaves
Article (13)
The employee is entitled to leaves, the timing of which shall be determined in accordance with the work requirements. On granting leaves, employees' special social circumstances shall be taken into consideration. No employee shall be absent from work without a leave.

Article (14)
Leaves for Independent school’s employees, shall be as follows:

1. Annual leave: for any Employee who completed one year of continuing service. It shall be a paid leave at the rate of at least (45) days.
2. Sick leave: for any Employee with 3 months of service from the date of first joining work with Employer, provided his illness shall be certified by Hamad Medical Corporation. Such sick leave shall be with full pay for the first 2 continuous weeks and with half pay for another 4 weeks, and without pay if it extends for a longer duration until the Employee resumes duty, resigns, or his services are terminated on medical grounds, in accordance with Article 82 of the Labour Law.
3. Pilgrimage Leave: for Muslim Employees granted only once during the service term and for a duration of not exceeding 21 days in accordance with work requirements. The Employee shall not be entitled to Pilgrimage Leave if he had taken such leave during his service with another school.
4. Maternity leave: For any female Employee with full pay for 60 days, if the delivery takes place while working for the operator. If the delivery takes place less than 60 days before the annual leave or the summer holidays, the Employee will not be entitled to more than the balance. If the delivery takes place during either of the aforesaid leave or holiday, the Employee shall be entitled for the difference up to 60 days. This leave shall not be deducted from other leaves to which the Employee is entitled. Qatari employees shall have for one year after the maternity leave expires, two hours daily for breastfeeding fully paid.
5. Eda Leave: For Muslim female Employees with full pay for 4 months and 10 days from the date of the death of the husband or until her delivery if she is pregnant, whichever is earlier.
6. Emergency Leave: For Employees with full pay for 7 days during the year for any unforeseen emergency. Each leave shall not exceed two consecutive days. Entitlement for this leave shall lapse at the end of each year.
7. Marriage Leave: For Employees once during the service term for a period not exceeding 15 days during which the basic salary and the social allowance shall be payable. The Employee shall not be entitled to Marriage Leave if he had taken such leave during his service with another school.
8. Special leave: for Employees who utilised their full leave balance and for a period not exceeding 30 days without pay for the reasons submitted by the Employee and acceptable by the Operator.
9. Accompanying an ailing person Leave (Qataris only) for Employees to a maximum of 60 days, during which only the basic salary will be payable, for accompanying parents, wife, children, brothers, sisters or the spouse's parents.
   The applicant employee must submit a report issued by the concerned authority in the State certifying that the patient has to be treated outside Qatar and that he has to have an escort.

Remunerations
Article (15)
Salary designated for each post shall be determined in compliance with the ranks and salaries Table attached to the Independent School By-Laws and approved by the Institute. The said table may be amended by the Licensee after obtaining the Institute written approval.

Article (16)
The newly appointed employee shall be entitled to the starting salary designated to the post rank at which the employee is appointed. The employee shall be entitled to his salary as of the commencement date.

Article (17)
Qatari employee shall be entitled to receive a basic salary not less than:

1. Q.R. 9,100 for holders of university degrees;
2. Q.R. 7,000 for holders of diplomas.
3. Q.R. 6,160 for holders of secondary school certificates;
4. Q.R. 3,500 for holders of lower than secondary school certificates

Article (18)
The Licensee shall defray all the Civil Service seconded employees entitlements and shall pay the employee an additional monthly allowance not less than:

Article (19)
In addition to the basic monthly salary provided for under Articles (17) and (18), Qatari employees and/or full time employees shall be entitled to following allowances:

• Social Allowance payable monthly to single employees which shall not be less than:
  1. QR. 1,500 for holders of university degrees.
  2. QR. 1,050 for holders of diplomas.
  3. QR. 1,050 for holders of secondary school certificates.
  4. QR. 1,050 for holders of lower than secondary school certificates.

• Social Allowance payable monthly to married employees which shall not less than:

  1. QR. 3,240 for holders of university degrees.
  2. QR. 2,160 for holders of diplomas.
  3. QR. 2,160 for holders of secondary school certificates,
  4. QR. 2,160 for holders of lower than secondary schools certificates.

• Housing Allowance: payable monthly to married employees, which shall not be less than:

  1. QR. 4,000 for holders of university degrees.
  2. QR. 2,000 for holders of diplomas.
  3. QR. 2,000 for holders of secondary school certificates.
  4. QR. 2,000 for holders of lower than secondary school certificates.

• Transport Allowance: payable monthly, which shall not be less than:

  1. QR. 600 for holders of university degrees.
  2. QR. 500 for holders of diplomas.
  3. QR. 500 for holders of secondary school certification.
  4. QR. 500 for holders of lower than secondary school certification.

• Any other bonuses determined by the Operator which the Operator wishes to grant to the Employee based on his appraised and contribution in improving the school's standard.
  In no event shall the amount of aforesaid allowances be less than those allowances paid out to employees holding similar posts on the Civil service cadre scale.

Article (20)
The Licensee may grant work nature allowance to employee according to the criteria set for the post held by the employee.

Training
Article (21)
The Independent School shall train, develop and improve its’ employees especially Qatari employees vocational/professional capabilities by enrolling them in specialised institutions, establishments and centres inside and outside Qatar.

Article (22)
The Licensee shall promote the Qatari employees’ vocational/professional development programmes’ plan. Training shall be considered an integral part of the post obligations whether conducted during or after working hours. Training period shall be considered part of the service term.

Article (23)
Where the circumstances mandate that the employee shall be on a leave to attend a training course, symposium or seminar, the School administration shall grant such leave provided that the work requirement does not require otherwise.

Performance Evaluation
Article (24)
The Independent School shall, annually, prepare employees performance evaluation reporting forms and present it to the Institute for approval. The said forms shall incorporate all or some of the following elements and/ or any other elements the independent schools sees apt to include thereat:

• Capability to plan and organise: implementing the targeted goals, identifying the programs and procedures necessary for their achievement within the framework of the available resources and maintaining proper apportionment of work amongst subordinates;
• Capability to supervise, monitor and guide: Directing, developing, enhancing and coordinating subordinates efforts until tasks are accomplished with quality;
• Capability to assume responsibility and take decisions: handling the job’s responsibilities and its consequences; acting without referring to superiors; referring matter to subordinates to avoid responsibility; and taking the right decisions at the right time;
• Initiation and innovation Capability: Submitting new proposals and innovative solutions for enhancing work performance and facilitating procedures;
• Study, research and analysis Capabilities: The extent to which scientific methods and research tools are utilised in studying and analysing matters and arriving at results;
• Ability to develop information and skills: The ability to acquire new or unique knowledge relevant to the employee's work or the goals and activities of the unit as a whole and the ability to utilise such knowledge;
• Promptness in performing Job duties: Compliance with the plan's designated time scales or set rules;
• Work Load: The amount of work accomplished compared with the total assignments or the prescribed work programs and plans;
• Quality level and precision in performing job tasks: The employee's comprehension of and capability in his field of work and the effect of that on the performance; performing an error free job and conforming with the required standards of quality;
• Work relations: Prompt response to the superiors directions, effective cooperation with colleagues and cordial treatment of subordinates and clients;
• Discipline: abiding by the official working hours, utilisation of the official working hours, maintaining appropriate image for the post and its requirements;
• Successful completion of training programs: when evaluating the employee’s performance, training courses and the employee's level of achievement in such courses shall be taken into consideration.

Article (25)
The Independent School shall, during the first half of March of every year, distribute the performance evaluation forms to the Independent School personnel to fill and return no later than the end of May of the same year.

Article (26)
If the evaluation was below 'good', the employee shall be notified in writing of the report’s content. The employee shall, within two weeks from such notification, provide his comments on the evaluation. If the employee fails to respond within the said period, then the evaluation will be deemed final.

If the employee is a Qatari employee, then the licensee shall provide the necessary training programmes that will qualify the employee for the next year.

Article (27)
Based of the recommendation present it by the Independent school, the institute shall make a determination in relation to Qatari employees who receive “poor” evaluation in two successive years.

Promotions
Article (28)

• The Licensee shall prepare the promotions schedule and procedures and present it to the Institute for approval;
• The Licensee shall prepare an annual and exceptional allowances system and present it to the Institute for approval.

Employee Duties
Article (29)
In addition to the duties and responsibilities prescribed in the job description, the employment contract, and any other duties and responsibilities prescribed, from time to time, by the Independent School, an employee shall:

1. to personally perform the work assigned to him with due care, honesty and precision;
2. be present at the work place on the specified hours and shall devote all the work time for performing his job duties and responsibilities;
3. abide by the Independent School's by-laws, policies, regulations, decisions, instructions and directions.
4. preserve the Independent School's reputation and the job integrity and shall not disclose secrets relating to the work or personnel;
5. cooperate with his colleagues;
6. when the work interest so requires, perform any work assignments that may be given to him whether during or after the normal working hours;
7. protect the Independent School's movable and immovable assets;
8. use prescribed protective precautions and abide by the safety instructions prescribed to safeguard his and the others lives and health.

Article (30)
Employee shall not:

1. violate the by-laws, regulations or rules applicable to the Independent School;
2. abstain from acting, commit an act whether intentionally or negligently that conflicts with the job requirements, duties or responsibilities, or that may result in the loss of any of the rights of the School, its employees or any third party with which the School is dealing;
3. disclose any confidential information related to the activities, employees or clients of the Independent School while in the service or after the service is terminated;
4. take possession of any of the independent school documents or any part thereof which are to be kept in the custody of the Independent School;
5. practice any business or trade that conflicts with his duties as an employee at the Independent School or conflicts with the interest of the Independent School, or which gives the employee a direct or indirect interest in contracts or business transactions related to the activities of the Independent School, or to which the School is a party.
6. Abuse his power or influence or provoke his subordinates to violate the provisions of the By-Laws herein.

Disciplinary Measures
Article (31)
An employee who violates any of his job duties, or commits any of the prohibited actions as prescribed herein, or deviates from the proper conduct shall be subjected to disciplinary actions, without prejudice to the Independent School's right to initiate civil or criminal proceedings against him. Moreover, an employee shall not be released from liabilities resulting from violating the provisions of this By-Law if he was directed to do so by his superiors, unless it is established that such violation has been committed as a result of complying with a written order by the employee superior and after the employee had informed his superior of the said violation in writing.

Article (32)
A disciplinary penalty shall not be imposed on any employee except after informing him of the alleged violation, investigating the said violation by the Disciplinary Committee, and establishing that he had committed the violation. Penalties

Article (33)
The Licensee shall prepare the disciplinary penalties' ordinance. The said ordinance shall provide for each violation a minimum and maximum penalty. The ordinance shall be presented to the Institute for approval.

It should, however, be noted that disciplinary penalties shall be severer if the violation is recommitted during the same year.

Service Termination
Article (34)
The employee service will terminate upon:

1. Reaching Retirement Age for Qataris
2. Health unfitness for work;
3. Resignation;
4. Dismissal by means of a disciplinary decision;
5. Being convicted with a moral crime, breach of trust or a crime;
6. Death;
7. Termination of Contract. The Employee may terminate the employment contract by giving the Licensee a written notice informing the licensee of his intention to terminate the employment contract before three months of end of the academic year.

The Operator shall have the right to terminate the Employment Contract after receiving the Education Institute approval at the end of the academic year or by a three months notice, whichever is longer.

Article (35)
The decision to terminate the service of an employee shall be issued by the recruitment authority.

Article (36)
Terminating the service of Qataries shall be issued by the Licensee after obtaining the institutes approval.

Article (37)
The stipulation of the Pensions & Retirement Law shall apply to Qatari Employees in accordance with the Council of Ministers Decision No. (21) for the Year 2005 concerning the application of the Pension and Retirement Law to Qatari employees at Independent Schools.