Qatar Ministry of labor has done preparation for the new rule and regulations of the labor laws related to entry and Exit of Expatriates and this will starts implementation from 13th of December of year 2016.
These Changes really transform lives of common worker in Qatar as this laws totally convert kafala system to Contract based System. Everything written in contract is applicable rest of the things were deducted.
Executive regulations are bye-laws that explain each article of a law and explain in detail how they are to be put in force.
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.
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.