Changing Jobs in Qatar

Expats can change their employer in Qatar within 90 days of resident permit expiry

Expats can change their employer in Qatar within 90 days of resident permit expiry

Expats in Qatar can change their employer within 90 days from their residency permit expiry date. According to a ministerial decision published in the Official Gazette on 20th September, residents can change their employer even within 90 days from the date of the expiry of their residence permit.

As tweeted by the Ministry of Justice on its Twitter handle on 20th September, the new decision was published in the Official Gazette.

The article No. 1 of the decision of the Minister of Interior No. 51 of 2020 stipulated to replace the text of the article No. 65 and 67 of the executive regulation of the Law No. 21 of 2015.

As per the amended article No. 65, the work organisation of the expatriate will be changed according to the rules and regulation in this regard.

The expatriate will notify the department concerned at the Ministry of Administrative Development, Labor and Social Affairs following the procedures in this regard.

The residency permit of expat should be valid or within 90 days from the date of expiry unless it expired for the reasons which is not in his control. According to the amended article No. 67, the employer who requested to hire an expatriate worker temporarily will submit an additional contract to the main job contact signed by employer and expatriate worker which will be endorsed by the Labor Ministry.

According to the Article No 3 of the decision, all authorities concerned should implement this decision from next day of the publication of Official Gazette.

Source Credit: thepeninsulaqatar.com

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September 22, 2020

Law removing NOC to change jobs in Qatar has come in force | Published in Qatar’s Official Gazette

Law removing NOC to change jobs in Qatar has come in force | Published in Qatar’s Official Gazette

Great news for all workers! Law No 18 removing No Objection Certificate requirement to change jobs in Qatar has come in force following publication in Official Gazette.

The International Labour Organization (ILO) in Qatar tweeted the following yesterday on their twitter handle.

Unofficial Translation of the No Objection Certificate Required Law

Law No. 18 of 2020 amending certain provisions of Labour Law No. 14 of 2004

We, Tamim bin Hamad Al Thani, Amir of the State of Qatar, having perused the Constitution, the Labour Law promulgated by Law No. 14 of 2004 and the laws amending it, the proposal of the Minister of Administrative Development, Labour and Social Affairs, and the draft law submitted by the Council of Ministers,

Have hereby promulgated the following law:

Article (1)

Articles 394349115 bis), (144), (145), and (145 bis) of Law No. 14 of 2004 shall be replaced with the following:

Article (39)

It may be stipulated in the employment contract that the worker shall be subject to a probation period that both parties agree upon provided that the probation. In all cases, if a foreign worker leaves the country without honouring the conditions set out in the present article, he/she shall not be granted a work permit in the country for one year as of the date of their departure.

Article (43)

Any provision set forth under the employment contract, even if prior to the enforcement date of this Law, shall be null and void if it stipulates that the worker shall undertake to work for the same employer for life, or refrain, for life from carrying out an occupation or trade after leaving employment. When the nature of work enables the worker to become acquainted with the employer’s clients or business secrets, the employer may include in the employment contract a condition that the worker will refrain, after contract termination, from competing therewith or engaging in any competing business in the same economic sector. In all cases, such obligation shall not be valid for more than one year. The Minister shall issue a decision on the regulation of non-compete clauses.

The non-compete clause shall be considered null in the cases stipulated in article (51) of this Law, or if the employer violates the provisions of article (61) of this Law.

Article (49)

After the end of the probation period or if the contract does not include a probation period, either party may terminate the employment contract at any time without cause, in which case the party wishing to terminate the contract shall notify the other party in writing of their intent to terminate the employment contract in accordance with the notice period, as specified below:

During the first two years of employment, the notice period shall be a month After the first two years of employment, the notice period shall be two months.

Upon contract termination without observing such notice periods, the terminating party shall be under the obligation to pay the other party compensation in lieu of notice equivalent to the workers basic wage for the notice period or the remaining part of the notice period,

In all cases, if a foreign worker leaves the country without honouring the provisions set out in the present article, they shall not be granted a work permit in the country for one year of the date of their departure.

Article (115 bis)

A “Labour Dispute Settlement Committee” or more shall be established at the Ministry and each shall be presided by a judge from the Court of First Instance selected by the Supreme Judicial Council, and shall include a number of members, one of whom shall have experience in Accounting.

The Committee’s establishment, rules and procedures, decision enforcement mechanism and remuneration shall be determined by a decision of the Council of Ministers, in coordination with the Supreme Judicial Council

The Committee members shall be nominated by a decision of the Minister in coordination with relevant authorities.

The Committee’s Secretariat shall consist of one or more Ministry staff member(s), whose appointment mandate and remuneration shall be determined by a decision of the Minister.”

Article (144)

Whoever violates the provisions of Articles 7, 12, 19, 2122232728 35, 39, Paragraph 2464748 (52 bis). 5758687073 7475779192 959799100115 139 of this law shall be liable to a fine ranging from two thousand Riyals to five thousand Riyals.

Article (145)

Whoever violates the provisions of Articles 29, 3367868788 89909394103 104, 105, 108, 122, 133 of this law shall be liable to the penalty of imprisonment for a period not exceeding one month and a fine ranging from two thousand Riyals and to six thousand Riyals, or either one of these sanctions,

In respect of violations relating to the recruitment of workers from abroad for the account of third parties, the court may, in addition to the penalties provided for in the preceding paragraph shut down the recruitment agency and revoke its license.

Article (145 bis)

Whoever violates the provisions of article (66) of this law shall be liable to the penalty of imprisonment for a period not exceeding one year and a fine ranging from two thousand Riyals to ten thousand Riyals, or ether one of these sanctions.

Article (2)

The following provisions shall be added to the present law:

Article (51/Item 5):

5- If a final decision s issued by one of the Labour Dispute Settlement Committees in favour of the worker.

Article (52 bis):

Without prejudice to the notice periods that must be respected when terminating an employment contract as stipulated in the present Law, when the employer contemplates terminating the employment contract for economic, structural or other reasons that are not related to the employment contract, they shall notify the Ministry, at least 15 days before termination, and submit a written statement of the reasons for the termination, the number and categories of workers likely to be affected the period over which the termination is intended to be carried out and other relevant information requested by the Ministry.”

Article (106 bis)

All accommodation provided by the employer to the workers shall comply with the conditions and specifications determined by a decision of the Minister.

Article (145 bis)

Whoever violates the provisions of articles 106, 106 bis) of this law shall be liable to the penalty of imprisonment for a period not exceeding one month and a fine ranging from two thousand Riyals to one hundred thousand Riyals, or either one of these sanctions. The penalty shall be doubled for repeat offences.

Article (147)

The Minister or his/her delegate may handle reconciliation in crimes stipulated in this law, prior to the initiation of criminal proceedings or during the examination thereof and before a final verdict is issued. Reconciliation in crimes identified in the attached table shall include payment of the amount specified for each crime, and the elimination of the reasons thereof. Reconciliation in crimes not identified in the attached table shall consist of payment of half the minimum amount of the fine specified for each crime, and the elimination of the reasons thereof. Reconciliation entails non-initiation or suspension of criminal proceedings as per case situation.”

Article (148)

Labour inspectors with a law enforcement officer status shall handle reconciliation of the crimes stipulated in this law, and shall propose a reconciliation to the offender after confronting them with the charge and documenting it in the incident report.

Reconciliation shall only be considered valid after being approved by the Minister or his/her delegate, and shall only be attempted with the offender after they correct or eliminate any violations at their own expense, in accordance with the Administration’s decision, and pay the due fees.

The officer who wishes to reconcile shall pay the amount agreed upon for reconciliation within 15 days from the date the offence report is prepared and shall pay the reconciliation amount to the Ministry’s Treasury. These amounts shall go to the State’s Public Treasury.

Article (3)

All competent authorities, each within its remit shall enforce the provisions of this law, which shall enter into force the day after being published in the Official Gazette.

Tamim bin Hamad Al Thani
Amir of the State of Qatar
Issued at the Emir’s Diwan on 11/1/1442 A.H,
Corresponding to 30/8/2020 AD.

Source Credit: ILO

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September 10, 2020

All you need to know about new NOC law | Expat workers do not need a No Objection Certificate to change jobs in Qatar

All you need to know about new NOC law | Expat workers do not need a No Objection Certificate to change jobs in Qatar

According to a recent press release from the Ministry of Administrative Development, Labour and Social Affairs (MADLSA) and the Government Communications Office (GCO), expat workers / migrant workers do not need a No Objection Certificate to change jobs in Qatar. Also as a part of labour reform programme it has taken a major step by introducing a non-discriminatory minimum wage for employees.

As of today, expats who wish to change their jobs in Qatar must get a No objection certificate from the current employer / sponsor to switch jobs. Currently this is in place under Qatar’s “kafala” (Arabic word for sponsorship) system.

Hailing the decision of the Qatar government, The International Labour Organisation in Qatar also published a press release on this new law.

This law will come into effect immediately upon its publication in the Official Gazette.

What is a No Objection Certificate (NOC)?

The No Objection Certificate or NOC in short is a certificate or clearance letter a employee should get from his previous employer stating that they do not have any objection to change job at another company. This allow employee to find a new job and a new sponsor without any obligations towards previous employers.

In 2019, a legislation was approved by the Council of Ministers of Qatar allowing workers to change employers as they wish. But workers in Qatar had previously required an NOC from their employer in order to do so.

Qatar has announced remarkable reforms on Kafala system and new law which allows employers to change jobs without No Objection Certificate is a step towards upholding the rights of expats workers.

From when this new law will come into effect?

As of today, no information on the date this law will come into effect. Immediately upon publication in the official Gazette this law that no longer require NOCs will come to effect.

What will be the procedure to terminate a contract once without No Objection certificates?

  • Employees do not need NOC to change jobs as it is eliminated
  • With a minimum notice period in place both Employers and Employees will be able to terminate contracts (both fixed contract or open ended contract)
  • Employer must provide at least 1 month written notice if they have worked with company for less than years and if they worked with the employer for more than 2 years then a notice period of 2 months is must
  • Terminating contract without notice period by either employer or employee will obligate the other party to pay a compensation equal to the basic wage for the notice period

Who will be benefited by this new law removing the need of NOC?

This will give freedom to employees to change their jobs without no objection certificate from employee.

Press Release from International Labour Organization (ILO)

Dismantling the kafala system and introducing a minimum wage mark new era for Qatar labour market

Greater freedom to change jobs, combined with a non-discriminatory minimum wage, will benefit employers and workers alike

Press release | 30 August 2020

DOHA (ILO News) – In a historic move, the State of Qatar has introduced major changes to its labour market, ending the requirement for migrant workers to obtain their employer’s permission to change jobs, while also becoming the first country in the region to adopt a non-discriminatory minimum wage.

Following the adoption on 30 August 2020 of Law No. 18 of 2020, migrant workers can now change jobs before the end of their contract without first having to obtain a No Objection Certificate (NOC) from their employer. This new law, coupled with the removal of exit permit requirements earlier in the year, effectively dismantles the “kafala” sponsorship system and marks the beginning of a new era for the Qatari labour market.

Additional legislation, Law No. 17 of 2020, adopted today also establishes a minimum wage of 1,000 Qatari riyals (QAR) which will enter into force six months after the law’s publication in the Official Gazette. The new minimum wage will apply to all workers, of all nationalities and in all sectors, including domestic workers. In addition to the basic minimum wage, employers must ensure that workers have decent accommodation and food. The legislation also stipulates that employers pay allowances of at least QAR 300 and QAR 500 to cover costs of food and housing respectively, if they do not provide workers with these directly – a move that will help ensure decent living standards for workers.

The adoption of these laws supports the transition towards a more skilled and productive workforce, which is a key goal in Qatar’s National Vision 2030 . It will also help promote economic recovery from the fallout of the COVID-19 pandemic , as well as the growth of the economy over the longer term.

By introducing these significant changes, Qatar has delivered on a commitment. One that will give workers more freedom and protection, and employers more choice.  We are witnessing what can be achieved when governments, workers and employers work together with the ILO to promote decent work for all” | Guy Ryder, ILO Director-General

In addition to removing the need to obtain an NOC, the adoption of Law No. 19 of 2020 provides greater clarity regarding termination of employment. To terminate an employment contract and change jobs, workers must provide at least one month’s written notice if they have worked with the employer for two years or less, or two months’ notice if they have worked with the employer for over two years.

Minister of Administrative Development, Labour & Social Affairs Yousuf Mohamed Al Othman Fakhroo said, “The State of Qatar is committed to creating a modern and dynamic labour market. In line with Qatar Vision 2030, these new laws mark a major milestone in this journey and will benefit workers, employers and the nation alike.”

Increased labour mobility is expected to provide numerous benefits to Qatar as it transitions towards a knowledge-based economy. Employers will be able to hire experienced staff locally instead of from overseas, thus greatly reducing recruitment costs. Enhanced mobility will also generate more job opportunities and increase job satisfaction for workers.

The introduction of a non-discriminatory minimum wage should directly affect around 400,000 workers in the private sector, and, through higher remittances, will improve the lives of millions of family members in the workers’ countries of origin. To ensure compliance with the minimum wage, the government is enhancing detection of violations, enacting swifter penalties and further strengthening the capacity of inspectors.

Sharan Burrow, General Secretary of the International Trade Union Confederation (ITUC) said, “This is very good news for migrant workers in Qatar. The leadership shown by Qatar in dismantling the kafala system and introducing a minimum wage is long-awaited news for all workers. The ITUC stands ready to support the Government of Qatar in the implementation of this historic move, to ensure all workers are aware of the new rules and benefit from them. Other countries in the region should follow Qatar’s example.”

Roberto Suárez Santos Secretary-General of the International Organisation of Employers (IOE) said, “These reforms will make a major contribution to the efficiency and productivity of the Qatar labour market. IOE stands ready to support the Qatar Chamber of Commerce and Industry and the Government in supporting employers during this transition. Our congratulations to Qatar and its Chamber of Commerce!”

The ILO has worked closely with Ministry of Administrative Development, Labour & Social Affairs and with employers’ and workers’ organizations to support the adoption and enhancement of laws, policies and procedures relating to labour market mobility and the new minimum wage in Qatar. Further support will be provided for the implementation and enforcement of the new laws.

Source: GCO and ADLSAQ | ILO

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