No NOC, No BAN Period, The FREEDOM to change JOBS, No BARS to EXIT... Qatar New Labor Law to take Effect on DEC. 13, 2016
9 October,2016
Qatar has completed the preparation for the regulations of the law regulating the entry and exit of expatriates and it will come into effect from 13th of December this year.
Executive regulations are bye-laws that explain each article of a law and explain in detail how they are to be put in force. {view source}
The law (Number 21 of 2015) regulating the entry, exit and residency of foreign workers was issued late last year, amending a previous legislation.
Law Number 21 of 2015, which abolishes the stipulations of Law Number 4 of 2009 regarding Regulation of the Expatriates Entry, Departure, Residence and Sponsorship, was issued on October 27 last year.
Among other changes, the new law abolishes the current two-year ban on expatriates who want to come back to the country on a new visa. Presently it requires a no-objection certificate from the previous employer for a former resident to take up a new job in Qatar.
The new legislation will replace the sponsorship system and make the employment and stay of expatiates here entirely contract-based.
Job contract will need to be signed by a foreign worker before he lands here once the new law is in effect from later this year.
Also, employment contracts of all expatriate workers who are already here will be replaced with new contracts.
In other words, all expatriate workers will have to sign new contracts with their employers in compliance with the provisions of the new law (No 21 of 2015).
"Since the new law abolishes kafala (sponsorship system), a person who had previously worked in Qatar would not have to seek the approval of his former sponsor if he is recruited by a new employer," Brigadier Mohamed Ahmed al-Atiq, assistant-director general of the Department of Border, Passport and Expatriates Affairs, had said while explaining the salient features of the new law.
"A foreign worker who has got a new contract to work in Qatar can come back even the next day, provided he has met the other requirements like visa," he had said.
This contract will form the basis of the relationship between a foreign worker and his employer. The contract will be signed for two or five years’ duration and both the sides will be obliged to follow its clauses that will contain terms and conditions.
Once the new law is in effect, the exit permit system whereby a foreign worker needs written permission from his sponsor to travel overseas will also end.
A worker would only need to inform his employer about his departure.
According to Article 26 of the new law, if a foreign worker is fired as a punitive measure and he did not appeal his dismissal or his plea was rejected by a court, he shall not be permitted to come back to Qatar before the passage of four years.
Also, an expatriate worker repatriated upon a court verdict cannot come back unless he got the approval of the Minister of Interior.
According to the new law, expatriate workers can change jobs with government permission, either after the expiry of their contracts or after five years of service with their employer in case of open-ended contracts.
For changing of jobs before the expiry of contract, the new law stipulates that the expatriate worker has to get the approval of the employer, alongside the concerned government entities.
The new law also enables expatriate workers to apply exit permits themselves through the approved channels of the Ministry of Interior, without having to seek the permission of the employer. The request would be granted within three working days.
In cases of emergency and the mutual agreement of both the worker and the employer the exit permit will be granted immediately.
According to new law no approval from former employer is required if he is recruited by a new employer. An expat can also move to another sponsor with the approval of MOI and MOLSA if the sponsor is dead or the company no longer exists for any reason.
No doubt that the labour market is anxiously waiting for the new law of entry, exit and residency to be enforced in December 2016. All are waiting with different feelings, anxiety and concepts. Employers have careful feelings, while the workers have optimistic hopes.
The work force in Qatar, particularly expats are eagerly awaiting the implementation of the changes in the labour law. The changes are set to reform the labour market to a significant extent as the ambiguity surrounding many issues would be cleared and the role of the Ministry of Labour would become much more effective in regulating the labour market and overseeing the relations between the workers and the employers.
If all goes well, the changes should overhaul the image of the labour market of Qatar in the eyes of international media and rights organisations.
REVEALED: Every EXPAT Employee Should Know THESE 9 IMPORTANT Changes of Qatar New Labor Law
9 important things you need to know about new Labour Law
1. Contract based Employment: All expats in Qatar would now be entirely governed by contracts
2. Ban period under termination: Workers who terminate their job contracts and leave the country before completion of the contract period are not allowed to return to the country before the end of the contract period.
Worker who has a four years contract and he completed three years with the current sponsor and left without completing one more year cannot come back until next one year till his earlier contract period is over.
3. No Ban under completion of contract: Those who complete their contracts under the law can come back to Qatar next day of their departure if he/she found new job offers. Workers who complete their contracts can easily come back without facing any ban.
4. No new contracts to be signed: There is no need for the companies to make new contracts with their employees after implementation of the new law but the existing contracts will be valid as long as the employee is willing to continue in his job.
5. Contract period: Date he has signed the fresh employment contract will be the date from his contract would be counted.
All types of contracts will start from the date of enforcement of the new law regardless of how many years the employee had served in the company but this does not mean the previous years of service are not counted.
6. Domestic helps/Kadamas: Law will apply to domestic help as well.
7. Signing contracts: If the employer has agreed to hire the worker and processed his/her entry visa for work, the worker can sign the contract after arriving in Qatar. However, in case he refuses to sign the contract, he would be forced to go home,
8. Five years maximum term: The work contract needs to be certified by the Ministry of Administrative Development, Labour and Social Affairs and the maximum period for work contract is five years.
9. Four years ban: If a foreign worker is fired as a punitive measure and he did not appeal his dismissal or his plea was rejected by a court, he shall not be permitted to come back to Qatar before the passage of four years, states Article 26 of the new law.
16 things you need to know about new law kafala changes
1. New law would be implemented by this year 2016.(updated)
2. New law will make employment and stay of expatiates entirely contract-based.
3. Two-year ban on a new work visa will no longer be applicable.
4. No approval from former employer if he is recruited by a new employer.
5. Worker who has got a new contract to work in Qatar can come back even on the next day.
6. Exit permit will not be required for travel it will become invalid with enforcement of new law.
7. To leave country employee needs to inform his employer before three days and apply through in Metrash 2 system.
8. All employment contracts of all expatriate workers who are already here will be replaced with new contracts by the end of this year.
9. Date he has signed the fresh employment contract will be the date from his contract would be counted.
10. Employment contract has to approved by the Ministry of Labour and Social Affairs.
11. Closed contracts shall not exceed a period of five years.
12. Employes with Open-ended contracts can move to another employer after spending a minimum of five years with the first employer.
13. Workers with fixed job contracts can change their work and sign new contracts if they wish so at the end of the contract period without any NOC but approval from the Ministry of Interior and the Ministry of Labour and Social Affairs.
14. An expat can also move to another sponsor with the approval of MOI and MOLSA if the sponsor is dead or the company no longer exists for any reason.
15. QR50,000 fine and jail terms of up to three years for recruiters who allow their employees to work for other parties without prior official approval.
16. QR10,000 to QR25,000 fine for keeping passport of expatriate employee.
