Plan to abolish sponsorship system and exit permits for expats unveiled, but no timeline set for implementation.

hrd@moi.gov Legal Consultancy April 12, 2012 - 3:13:14 am Question: If an employee wants to get NOC from the employer, what are the conditions and requisites he has to fulfil. Is it the right of the employer to refuse the transfer of the employee to another sponsor, even if the employee has served the employer for several years? Does it depend on the fact that the employment contract is for a fixed term or for an indefinite period? Are there any other ways for the worker to obtain NOC without the consent of the employer if there are better job opportunities in Qatar? Answer: It is a fact that the employer is the sponsor of the employee or worker who works for him with the exception of women as they have been allowed by law to work without requiring the transfer of sponsorship due to social considerations. The workers under the clause of secondment are also exempted from this. This exception is temporary – for a period of six months and it may be extended for similar period. This exception is related to work for other party other than the sponsor in the nonofficial working hours. This category is referred as collaborators, note that these excepted categories do their work under the law and under the work permits issued by the Department of Labor. The NOC is a declaration from the sponsor addressed to the Ministry of the Interior and it includes the approval of the sponsor to transfer the sponsorship of the worker or the employee to another employer. The law regulating the entry and exit of expatriates, their residence and sponsorship (4/2009) points out that the Ministry of Interior can transfer the sponsorship of a foreign worker to another employer with a written agreement between the new employer and the previous employer, after approval of the competent authority, for the categories subject to the provisions of labour law. The transfer of sponsorship shall result in replacing the former sponsor with the new sponsor in all his obligations, the expiration of sponsorship for the former sponsor and the remission of his obligations arising therefrom. The consent of the sponsor is a prerequisite for transfer of sponsorship and this right has been prescribed for sponsor for the obligations which fall on the shoulder of the sponsor because of the sponsorship system. There is no relationship between the fact that the employment contract is for a fixed term or for an indefinite duration. There is no doubt that the final decision in the matter of transfer of sponsorship or not depends on the concerned authority at the Ministry of Interior, where the decision is issued by the approval to transfer the sponsorship or non-approval or deportation of the foreign employee. It is worth mentioning that the right of the sponsor in granting the sponsored employee a NOC is not an absolute right, but it is limited and linked to the non-existence of lawsuits between the parties. The sponsorship law points out that the Minister of the Interior or his deputy can transfer the sponsorship of a foreign worker temporarily in the event of litigation between the sponsor and the foreign worker. The Minister or his deputy can approve the transfer of sponsorship of a foreign worker to another employer in the event of proven abuse of the sponsor or if the public interest requires so. For the same reasons, at the request of the worker and the approval of the Ministry of Labour, the sponsorship of the worker, who falls under the Labor Law, can be transferred to another employer. Question: A person working with a contracting company wanted to leave the country due to some emergency circumstances and requested the company to issue an exit permit, but the company rejected the request. Which authority should he approach in order to leave the country? Answer: Law No. 4/2009, concerning the regulation of entry and exit of expatriates and their residences and sponsorships, states that expatriates are not permitted to leave the country temporarily and permanently without submission of exit permit by the sponsor. This permit, if could not be obtained by the expatriate, is replaced by presenting exit warrant or a certificate indicating of no judgment under process or claim cases are filed against the expatriate to be issued by the competent courts after fifteen days of announcement in two daily newspapers for one time of the date of expatriate departure of the country in accordance with procedures and restrictions issued by the Minister of Interior. In view of the above, the inquirer shall refer the competent department at the Ministry of Interior to present an exit warrant or to publish leave announcement in two daily newspapers for one time including full name, nationality and residence number with his intent to leave the country and the competent department and the Ministry of Interior will receive any claims against the said party within maximum period of two weeks of the date of announcement. After the elapse of two weeks of the announcement date, the inquirer shall request the competent court to issue a certificate of no judgment under execution or claim cases against him and present it to the competent department at the Ministry of Interior in order to have the required exit permit. ============= Legal corner: NOC is valid only for one transfer March 14, 2013 - 1:14:16 am When I joined my present company, I had with me a No Objection Certificate (NOC) from my previous employer. In case I leave this firm, are they obliged to give me an NOC or is it the discretion of the management? If my current employer denies me an NOC, what can I do to get it? Name withheld on request Law No. 4/2009, which governs the entry, exit, residence and sponsorship of expatriates, stipulates that the agency concerned at the Ministry of Interior requires written approval from both parties, besides approval from the Ministry of Labour, for transferring an employee’s sponsorship. Transfer of sponsorship results in the new sponsor bearing all obligations to the employee, and clears the former sponsor of all responsibilities. This condition for transferring sponsorship should be adhered to by all parties. Therefore, the questioner should get a new NOC from his current employer to transfer his sponsorship. The NOC is valid only for one transfer and cannot be used more than once, and it becomes void once used for transferring sponsorship, since the names of the current and new sponsors will be different the next time. Nevertheless, the NOC can be used as evidence to show that the worker has a local contract. But there is no provision in law that obliges a sponsor to transfer the sponsorship of his employee if he has been recruited locally. Article (12) of the law says the minister or his representative may provisionally transfer the sponsorship of an expatriate worker in case of claims between him and his sponsor. The minister or his representative may also approve the transfer of sponsorship of an expatriate worker if it is proved that the current sponsor is abusive or if public interest requires it. My friend returned from his annual vacation last week. He has availed of his annual air ticket to his country as per the contract. Within a month of resuming work, he resigned. Is the employer supposed to provide him an air ticket to his country of residence? Name withheld on request The contract says an employer who brings a worker from his home country should provide him an air ticket when he comes to Qatar, when he goes on his annual leave and when he ends his contract. There is no legal restriction on when these tickets can be used; however, this is governed by the agreement between the two parties. The employer’s obligation to return the worker to his home country at the end of his services, whether he is alive or dead, is a firm obligation. Law No. 14/2004 states: “The employer should return, at his expense, the employee to the place from where he brought him, or to a destination agreed on by both parties, when he ends his contract.” The employer should end the process of returning the employee to the agreed destination within two weeks of the end of his contract. In case of the employee’s death, the employer is responsible for all financial expenses incurred in returning the body to his home country. If the sponsor fails to meet these requirements, the Ministry of Labour will return the employee, or the body, at its own expense and take administrative action against the sponsor and make him pay the costs. The sponsor can also be fined a minimum of QR2,000 and not more than QR5,000 for not complying with the law. I advice the questioner to approach the labour dispute office or the public relations department at the Ministry of Labour to file a complaint to get a one-way ticket from the employer. I am working in a restaurant as a service staff. Our company gives us only two days off in a month and we work 10 to 12 hours a day. On weekends, they force us to work overtime but they give us only 10 percent of our daily basic pay as compensation. We work more than 48 hours a week, the limit stipulated in the labour law. During Ramadan, we work 12 hours a day. Our company is violating the labour law. What should we do? Name withheld on request Law No. 14/2004 regulates relations between employers and employees in the private sector, including shift workers. The above law stipulates that working hours in a week should not exceed 48 hours, except during Ramadan, when the limit is 36 hours. Workers may put in additional hours provided they work no more than 10 hours a day. The employer should pay overtime, which is not less than the basic salary and at least 25 percent of the basic salary per hour. The worker should be given a paid day off every week which must not be less than 24 successive hours. Friday is the official holiday for all workers, with the exception of shift workers. Shift workers’ weekly day off can be on any other day, and there is no extra payment for working on a Friday if they get a day off another day. However, if work on a Friday is not compensated with a day off, the worker should be paid a day’s basic salary plus 150 percent of the salary per day. If the job requires work on official holidays such as Eid, the worker should be paid for that in accordance with the provisions of law mentioned above. I advise the questioner to go to the labour dispute office or the public relations department at the Ministry of Labour to get compensation for the extra hours and days of work. The Peninsula =================== Legal Advice: Terms of entry for expatriates to work February 29, 2012 - 9:25:28 pm The expatriate cannot enter the country or go out of it unless he holds a passport or valid travel document and he holds a visa stating the purpose of entry. The expatriate cannot enter the country or go out of it except from the fixed ports and after having the entry or exit stamp on the passport or travel document. The expatriate, who had a previous residence in the country for the work shall not get a work visa, but after two years from the date of departure. The Minister of the Interior or his deputy can waive this period. They can also exclude some cases from that period, on basis of the written consent from the former sponsor and the worker was judged under the provisions of Article (61) of the Labour Law No. 14/2004 or in accordance with the provisions of the HR Law No. 8/2008 on the staff of the State and he did not appeal against the decision in the competent court or an appeal was filed against him and his appeal was rejected, he can return to the country to work only after the lapse of four years from the date of his departure. Article (61) of the Labour Law No. 14/2004 7-If the worker practiced aggression against the employer, the manager or one of the chiefs during work or because of it. 8- If the aggression against the worker or his colleagues during the work is repeated in spite of the written notice. ========= Legal Corner: Conflicts between worker and sponsor July 12, 2012 - 9:22:04 am The aim of this legal section is to make the reader aware of the legal structure in the country and helping everyone understand Qatari law. We receive many queries from the readers and we have tried to respond to each of them through these columns. From the emails we receive from the readers, we find that the maximum number of queries are related to the dispute between worker and employer. We have responded and answered most of them, but the dilemma regarding the situation of the worker during the period of litigation remains. When the income of the worker stops, his problems increase day after day and material situation deteriorates from bad to worse. The matter does not get corrected and he returns as he was, but after a period that is estimated as twice the period in which he remained without any work or more precisely without income. Therefore, we review the situation of the sponsored worker in the law to search for the causes of the problem, the aggravation and the ways and means to eliminate them. We start from law no. (4/2009) on regulating the entry and exit of expatriates, their residence and sponsorship, which determines the responsible person for the sponsorship of expatriate’s residence, as the law indicates that the sponsor of residency is the employer or head of household or the one who asked the visitor to come on his sponsorship. His sponsorship includes granting the permission to his sponsored to exit. Therefore, it is clear that the basic principle is that a foreign worker will be sponsored by the employer he works with, so the sponsorship of the working expatriate shall be on the employer only, and the head of the family is the sponsor of the members of his family residing with him in the state while the sponsorship of the visitor shall be on his host residing in the country. The woman shall be sponsored by the head of her expatriate family to stay with him and she shall remain on his sponsorship until she joins any job. The woman who came for the work can bring her husband on her personal sponsorship, and finally the Qatari woman married to a non-Qatari man, can bring her husband and her children on her personal sponsorship. The law also points out that the expatriate who, has been permitted to enter or stay for a particular purpose or work in a particular destination, must not violate the purpose for which he has been permitted, and he must leave the country within ninety days after the end of this purpose or work or in case of cancellation of residence for any reason. The discussion will continue about the expatriate who was permitted to stay for the work with the party that sponsors him and contracts with the expatriate worker under an employment contract in writing and attested by the Department of Labour. The employment contract determines the provisions on working relationship between the two parties. It must include, in particular, the name of the employer, workplace, worker’s name, his qualifications, nationality, profession, place of residence, obligatory procedures to prove his identity, date of the contract, nature and type of work, place of the contract, start date of work, duration of the contract if its term is fixed and finally the agreed wage, mode and time of payment. If the contract of employment is not written, the worker can establish the working relationship and his rights arising from it by all means of proof. The worker can terminate the employment contract before the expiry of its duration, retaining his all rights in the end of service gratuity if the employer breached his obligations set under the employment contract and mentioned in the law. The Labor Law No. 14/2004 also points out that the employer, at the end of the service of the worker, has to return him at his expense to the place he brought from at the time of joining of work or to any other place that have been agreed upon between the parties. if the worker had joined the another job before leaving the country, the obligation, to return him to his home country or other place agreed upon, shall transfer to the new employer. The employer shall bear the costs of transport of the worker to his country of origin or his place of residence. If the employer didn’t return the worker, the Department of Labor will do that at the expense of the employer and recover the expenses by the administrative means. ========================= Qatar announces changes to labour law Sam Bollier Last updated: 15 May 2014 20:00 Doha, Qatar - The Qatari government has announced several changes to its controversial labour system amid international criticism of its treatment of foreign workers. At a joint press conference in Doha on Wednesday, Qatar's Ministries of Interior and Labour released plans to ease restrictions on foreign workers' terms of employment. The proposals include abolishing the country's "sponsor" system, under which workers are bound to a single employer for the duration of their residence, giving expatriates greater latitude to change jobs and leave the country. Qatar's exit permit system, in which workers are currently required to obtain their employers' consent before being allowed to leave the country, "will now be replaced with an automated system through the Ministry of Interior", said a press release from the conference. However, no deadline was set for implementing the proposals. The proposals to change the labour system must first be evaluated by the Shura Council, Qatar's legislative branch, before being ratified. "We hope that this [the reforms] will be soon, but no timeline has been fixed," said Muhammad Ahmed Al Atiq of the Ministry of Interior at the press conference. He added that the proposed changes would apply "to all working in Qatar, whether domestic workers or those who work for companies". Other proposed reforms would require employers to pay wages electronically to improve transparency and timely payments, and would increase the penalty for confiscating workers' passports from 10,000 riyals ($2,700) to 50,000 riyals ($13,700). Reporting from the conference, Al Jazeera's Mohamed Vall said officials avoided answering questions on the nature of the new laws protecting workers. Close scrutiny Qatar's labour situation has come under close scrutiny since it won its bid to host the 2022 football World Cup. With a small native population, the country has brought in about 1.4 million migrant labourers, concentrated in the construction and service sectors. Only about 10 percent of people over the age of 14 are citizens of Qatar. Human rights watchdog Amnesty International has said the labour systems prevalent in the Gulf states, known as kefala, creates an "excessively unequal power relationship" between employers and workers, who are not allowed to change jobs or leave the country without their employers' permission. A report published by Amnesty last November found that migrant workers in the country "face a range of abuses at the hands of their employers", some of which "amount to forced labour and human trafficking".

Some Qatari government officials have expressed the need for reforms. "The sponsorship system was set up at a different time and according to a different demographic composition… but today the situation has changed and due to the flow of the expats, we certainly need to carry out many changes," Sheikh Mohammed Bin Jassim Al Thani, Qatar's assistant minister of foreign affairs,

told Al Jazeera's Jamal Elshayyal earlier this month. Minimum wage Many expatriate labourers in Qatar agree. Joseph, a security guard from Kenya who asked that his real name not be used to protect his identity, told Al Jazeera that workers in Qatar should be able to freely change jobs. "That would increase competition [in the labour market] - and then you get better services," said Joseph, who wants to work in the sales sector but cannot do so. He added that Qatar should introduce a minimum wage law. "When you look around at all the luxury, definitely they are able to increase the wage." Monthly wages for blue-collar workers in Qatar are often between 800-1,200 riyals a month ($220-$330) for a six-day work week, which can come out to less than $1 an hour. Little data exist on Qataris' attitudes towards the labour sponsorship system. One 2010 survey found almost half of Qataris wanted the system to be made stricter. Some Qatari business groups have defended the exit visa requirement, saying that non-Qatari partners or employees could suddenly depart the country without repaying loans or business expenses. Yet some Qatari employers have called for reforms.

Dr Ahmed Al Mohannadi, the editor-in-chief of Doha Stadium Plus magazine, said some employers "take advantage of the system", and that it's unfair to prevent workers from leaving for better-paid jobs. "I want people... coming to work to my country to feel proud they are in a very good system, not what we have now," said Al Mohannadi.

Nicholas McGeehan, Human Rights Watch's Gulf researcher, said that although the watchdog group has been very critical of Qatar, the country's authorities have been open compared to other states in the region. However, he tweeted that Qatar's announcement was "very disappointing" and claimed, "Sadly the reality is that Qatar has no plans to abolish or seriously reform kafala". Likewise, Amnesty International said Wednesday's announcement fell short of the fundamental changes needed to address the systemic abuses against migrant workers. "While some of the measures announced today are positive and if implemented would improve conditions for workers, they do not go nearly far enough," said Amnesty's James Lynch. Follow Sam Bollier on Twitter: @SamBollier ============= Regarding transfer of sponsorship, Law No. 4/2009 states that the Minister of Interior or his deputy may transfer the sponsorship of an expatriate worker temporarily in case of a legal dispute between the sponsor and the worker, or if there is proven abuse by the sponsor, or if public interest requires it. In case of lengthy legal processes, the law says that the Ministry of Interior can use its discretion to transfer a worker’s sponsorship without the consent of the sponsor, regardless of whether the relationship between the parties is subject to Labour Law No. 14/2004 or not. The ministry can transfer the sponsorship of an expatriate temporarily until a verdict is issued by the court. If the court holds that the sponsor has treated the worker arbitrarily, the transfer of sponsorship becomes final and the relationship between the parties ends, but if the allegations against the sponsor are not proved, the worker’s sponsorship can be cancelled and he can be deported. The questioner is advised to approach the competent authority at the Ministry of Interior to transfer his sponsorship temporarily until the lawsuit is decided. ================================ Rules on staff accommodation and safety October 25, 2012 - 6:15:33 am What are the rules companies have to follow while providing accommodation to their employees? 1) In shared rooms, area provided for each worker should not be less than four metres. 2) In each room, no more than four workers should be housed in normal housing camps, and eight workers in temporary dwellings. 3) Entrances, corridors, roofs and cellars should not be used as lodging areas for workers. 4) Windows must have wire mesh so that no insects or dust may enter the lodging. 5) Rooms must be well-ventilated and have natural lighting and adequate provision of electrical light. (A) Employers must provide lodging with the following basic furniture and appliances: 1) Beds with mattresses and appropriate covers and cupboards to keep clothes. No double beds allowed. 2) The provision of enough air-conditioners and ventilation fans. 3) One water cooler for every 20 workers provided with three candle ceramic filter; no fiber or threads filters allowed. 4) Refrigerator for storing food, size depending on number of workers. 5) Trash bin with lid, and strong trash bags. 6) Employer should assign a worker for cleaning the lodging, and a supervisor to inform the employer of maintenance requirements. 7) First Aid box, with enough antiseptics and bandages. 8) One toilet, well-ventilated, with sufficient light and water heater for every 8 workers. 9) Employer must properly maintain the lodging, and no deductions should be made for maintenance or provisions from the workers’ wages. (B) Temporary dwellings must include the following: 1) Dining hall with adequate furniture for the number of workers staying at the temporary lodging provided with mesh screen on doors, windows, together with insects’ catchers. 2) If there are more than 100 workers in the lodging, a special first aid room must be maintained by a qualified nurse. 3) They must have proper systems for disposal of sewage and garbage regularly, with manholes and garbage collection units. 4) It is illegal to use workers lodgings for other purposes. 5) Employer is bound to provide fire alarm and extinguishers according to fire department regulations. 6) Lodging should be provided with first aid boxes with enough bandages and antiseptics. What are vocational safety conditions? Labour law and ministerial decrees in this regard oblige employers to take all necessary precautions for safety at the work place. Most important of these include the following: l The employer should inform you of all work-related risks and dangers and you must be made aware of all precautionary measures to guard you against such dangers in a language that you understand. l The employer should provide you with protective garments and gear. l In case there are openings or excavations in the work area that people may fall into or which may prove hazardous, such openings must be lined with protective fence. l In case of work platforms, they should be erected as per technical specifications, must be fenced and provided with safe method for climbing to it. l Permanent stairs should be made with anti-slip materials, and provided with safety precautions. l Scaffolds must be made of strong materials, have enough room with fencing and safety equipment to prevent workers from falling. l Precautions should be taken during the use of equipment with high level of noise and vibration, like providing ear protectors to workers, making sure that noise is not over permitted levels and for very long periods. l Closed areas must have exhaust fans for operating equipment that produce dust, smoke or harmful gases. l Electrical equipment must have circuit breakers. What precautionary measures should be taken when using or storing work tools and equipment? Labour law and ministerial decrees issued in this regard oblige employers to take precautionary measures, most important being: l Provision of appropriate mechanical lifting equipment, ensuring the safety and usability of chains and hooks and their periodic inspection. l Lifting equipment must display a notice indicating maximum lifting capacity. l Provide lifting equipment operator’s cabins with a communication device. l Operator’s cabins in lifting cranes must be provided with mains of communications. l It is illegal for non-qualified and unauthorised people to operate lifting, hauling, and transportation equipment. What electrical safety precautions are necessary? Labour laws and ministerial decrees issued in this regard oblige employers to take many precautionary measures, most important being: l Electrical distribution panels must be placed in safe and easy to use locations, switches must be of non-sparking type. l Conducting regular check on cables, wirings, and connections. What fire protection precautions are mandatory? Employer must take precautionary measures to prevent fire, in accordance with the direction of authorities, and according to the nature of activities in the work place and the nature of production materials. Care must be taken as following: l Providing enough emergency exits, installing alarms with necessary training on use. l Abiding by necessary technical standards in constructing ovens, boilers and other sources of heat, insulating hot gas pipes and internal combustion engines exhausts. l Prohibiting smoking in work areas and punishing anyone who does not abide by the prohibition. l Leaving enough space between work units to prevent the occurrence of fire, especially in areas containing flammable material and not leaving any fire source in these areas. l Educating workers on fire sources and methods of fire prevention and training them on how to use fire extinguishers. What precautions must be taken against natural hazards? Employers must take necessary precautionary measures against natural hazards, the most important being the following: l Stopping work at noon time in open areas during summer -- from 15th of July to 31st of August -- so that morning working hours do not exceed five hours a day and do not extend beyond 11:30 am. In the afternoon, work must not start before 3:00 pm, and employer must keep a schedule directing this in an obvious place so that it can be read and seen by labour inspectors during their inspection visits. l Workers must be provided with protective gloves, socks, shoes, and heavy clothes in winter. l They must be provided with protective coats during the rainy seasons l They must provide you with head cover and cold drinking water during work in open areas. ====================== Legal Corner: Regulation of secondment in Qatar March 07, 2012 - 11:44:44 pm Article (15) of sponsorship Law No. (4) of 2009 on the regulation of the entry and exit of expatriates, their residence and sponsorship points out that it is prohibited for any natural and legal person to allow for the expatriates, who have been recruited for work, to work with other parties or to use the workers who are not sponsored by him. The authority which is bound to implement the law, with an exception of what has been mentioned above, can permit the sponsor to transfer his expatriate employees to another employer to work for him for a period not exceeding six months, renewable for another similar period. The authority can also permit the expatriate to work for some time with the other party in his non-working hours if his sponsor approved the same in writing. It is prohibited to waive the visas for others or dispose of them in any or their trade by third parties, whether the waiving or disposition or trading is done with charges or without the same. Anyone who violates any of these provisions shall be punished by imprisonment for a period not exceeding three years and a fine not exceeding QR50,000 or either of them. In case of recurrence the guilty shall be punished by an imprisonment for not less than fifteen days and not exceeding three years and a fine of not less than twenty thousand riyals and not more than one hundred thousand riyals. The accused shall be considered as recurrent if he commits a similar offense within one year from date of completion of the implementation of the sentence or the drop of the same with the lapse of time. In all cases, one must get the approval by the Ministry of Labor for the categories subject to the provisions of the Labor Law No. 14/2004 which states that non-Qatari workers can be utilised only after the approval by the Department of Labor and receiving a license to work in the state according to the rules and procedures decided by the ministry. In order to grant the work permit for a non-Qatari, there must not be a Qatari worker recorded in the registers of Department of Labor. He must be eligible to perform the work for which licence is required. He must have obtained a residence permit and be medically fit while the validity of work permit is determined by the duration of residence. Regarding the secondment the law requires that the period of secondment must be six months renewable for one term only and during this period the relationship between the seconded person and the employer is subject to the provisions of the Qatar Labor Law No. 14/2004 under an employment contract which includes the rights and obligations of the parties and the relationship of the sponsor with his seconded employee is limited to two things only which include the issuance of exit and renewal of residence permit. We will mention the rights of seconded employees and collaborators in detail in another article. ============================