Qatar uses a legal system in which laws are implemented in two ways: 1) the Sharia Court (or Islamic Court), which takes into account the Islamic socio-cultural environment that leads to Sharia law, and 2) the Adlia Courts (or Civil Courts), which originate from Qatar`s independence and seek to meet the legal requirements of non-Muslims living in Qatar. The Qatari Labour Code ratifies the minimum standard of rights and benefits for workers that employers must respect, as well as the obligations of workers working in Qatar. According to Qatar`s Labour Code No. 14 of 2004, the minimum obligations owed to employees include severance pay (EOS), which is a sum of money that employers pay to their employees upon termination of the employment contract. Several articles are devoted to the description of the specific details and protocols of this provision. Employment restrictions: Expats are only allowed to work for their sponsor and employers can then prevent their sponsored employers from working for other parties in any capacity – paid or unpaid. All relevant contracts and documents must be drawn up in Arabic, as provided for in Law No. 5 (2002) on Commercial Companies. Although the employer may offer copies in other languages, in the event of a dispute, the Arabic version prevails. Section 38 of the Labour Act No. 14 of 2004 stipulates that the contract must be in writing and must consist of three copies: one for each party and the third for the Ministry of Labour. The contract must specify the terms of the employment relationship between its two parties and all relevant details, including: Hello, I have a request. I spent 2 years in my company.
Although I did not sign a contract when I joined, my company also did not apply for or enter into a contract. Now I plan to change jobs on my QID, my diplomas are certified by the MOFA. I heard that I also had to submit the employment contract to the Ministry of Labour. Please tell me, if my company is now doing a contract for me and I have changed professions, will I be able to change my sponsorship after that, say after 2-4 months, if I receive another offer? I hope you understand my point of view and go back. (Beirut) – The success of Qatar`s major labor reform efforts on September 8, 2020, will depend on how the government implements and monitors them, Human Rights Watch said today. The reforms will allow migrant workers to change jobs without the employer`s permission and will set a higher minimum wage for all workers, regardless of nationality. Qatar is the first country in the Persian Gulf region to allow all migrant workers to change jobs before their contract expires without first obtaining the consent of their employer, one of the key aspects of the kafala (sponsorship) system, which can lead to forced labour. Qatar is the second country in the Gulf region, after Kuwait, to set a minimum wage for migrant workers. The amendments also apply to migrant workers who are excluded from the protection of labour law, such as workers.
B domestic. However, other laws facilitating the abuse and exploitation of migrant workers remain in place. “Qatar`s new labor market reforms are among the most important to date, and if implemented effectively, could significantly improve the living and working conditions of migrant workers,” said Michael Page, deputy Middle East director at Human Rights Watch. “While these changes bring Qatar concretely closer to its reform promises, the test will be how consistently the government implements and enforces them.” Over the past 10 years, Human Rights Watch, other human rights and migrant rights organizations, United Nations experts, trade unions, and media organizations have documented how the kafala system throughout the region underlies migrant workers` vulnerability to a variety of abuses, from passport confiscation to wage delays and forced labor. These groups have shown how key elements of the system allow migrant workers to remain trapped in employment situations where their right to fair wages, overtime pay, adequate housing, free movement and access to justice is threatened. One of these elements is the employer`s control over a migrant worker`s ability to change or leave his or her job. Amendments to Qatar`s 2015 Law on Entry, Exit and Residence of Expatriates, which applies to all migrant workers, regardless of their inclusion in the Labour Code, removed language that previously required them to first obtain permission in the form of a “Certificate of No Objection” (NOC) from their employer to change jobs. This means that migrant workers can now change jobs during their employment, including during the probationary period, without the employer`s permission, provided that they inform their employers within a prescribed period of notice in accordance with the procedures of the Ministry of Labour. The amendments provide that if the employee changes employment during the probationary period, which may not exceed six months, the new employer is required to reimburse the recruitment costs of the previous employer, but only up to two months of the employees` base salary. Qatar has also amended certain provisions of the Labour Code to allow migrant workers to terminate their employment contracts at will, both during and after the probationary period, provided that they inform their employers in writing within a prescribed period of notice.
If the employer or employee terminates the contract without complying with the notice period, they would be required to pay the other party compensation equal to the employee`s base salary for the notice period or the remaining part of the notice period. Some migrant workers, including domestic workers, are not subject to the Labour Code, but new instructions from the Ministry of Labour make it clear that the new rules for terminating employment contracts and changing jobs are uniform for all workers. Qatar has also introduced some earlier changes. In January, it extended the right to leave the country without the employer`s permission to migrant workers who are not covered by the Labour Code. The government had already granted this right to most migrant workers in 2018, but not to those in the government, oil and gas, agriculture or domestic workers. However, employers can still apply for exemptions for certain workers, and domestic workers must inform employers that they wish to leave at least 72 hours in advance. “Qatar has removed another key element of employer control, this time over workers` ability to leave or change jobs, but authorities should now try to remove any remaining elements that link migrant workers` legal status to their employer,” Page said. Migrant workers – and their dependents – must always rely on their employers to facilitate entry, residence and employment in the country, meaning that employers are responsible for applying, renewing and cancelling their residence and work permits. Employees can be left without papers through no fault of their own if employers do not carry out such processes, and it is they, not their employers, who suffer the consequences. Qatar continues to impose severe sanctions in case of “absconding” – if a migrant worker leaves their employer without permission or remains in the country beyond the grace period after the expiry or revocation of their residence permit. Sanctions include fines, detention, deportation and a ban on readmission. In addition, these remaining provisions can continue to promote abuse, exploitation and forced labour, especially since workers, especially blue-collar workers and domestic workers, often depend on the employer not only for their work, but also for housing and food.
In addition, passport confiscations, high recruitment fees and fraudulent recruitment practices are ongoing and remain largely unpunished, and workers are prohibited from unionizing or going on strike. .
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