PHOTO
Under Law No 21 of 2015 regulating the entry, exit and residency of expatriates, which will come into force on December 13, the service periods of an expatriate employee will be calculated from the day he/she started working for their employer.
This includes all days of employment accumulated prior to the implementation of the new law, the Ministry of Administrative Development, Labour and Social Affairs clarified yesterday.
Under the law, expats will no longer need approval from their existing employer to change jobs if they complete the length of a fixed-contract, the ministry said in a statement.
However, it is required that expats in fixed-contracts provide written notice to their employer before the contract expires, advising their employer of their intention to change jobs at the end of their contract.
The duration to notify the employer will depend on the terms and conditions in the contract signed by each employee.
Expats in open-ended contracts will also be able to change jobs without their existing employer’s permission, provided that they complete a five-year service period.
However, it is required that expats in open-ended contracts provide a written notice to their employer prior to changing job.
All expats who wish to change jobs will also need to get the approval of the
Ministry of Administrative Development, Labour and Social Affairs prior to taking up their new employment.
In cases where a worker wishes to change job prior to completing the length of their contract, they will need to seek permission from their existing employer. However, in cases where the worker can demonstrate they have been exploited or mistreated by their employer, the law gives them the right to demand to transfer employment.
A job contract is mandatory for obtaining a work visa to Qatar under the new law and all prospective migrant workers will be able to see a copy of their job contract, prior to leaving their country of origin, said the statement.
The Ministry also explained the procedures for applying for an exit permit under the new law and other important aspects of the entry and residency rules.
The explanations came as part of an ongoing campaign to raise public awareness on the new law. Over the past few weeks, the Ministry in collaboration with the Ministry of Interior held a series of workshops and seminars for this purpose with participation of Qatari businessmen, officials from foreign embassies and representatives of different expatriate communities.
Addressing a meeting of major private sector employers last week, an official of the ministry said, “The Government of Qatar takes a holistic approach to migrant worker welfare. Included in the new law are several new protections for workers during all stages of the migration cycle – from recruitment to repatriation. All expatriates will benefit from the changes, including domestic, blue-collar and white-collar workers. We believe that every individual helping to build our country deserves quality living and working conditions.”
Once enforced, “the new law will offer substantial new freedoms and protections to over 2.1m salaried workforce” in the country, the ministry said in a statement.
The key changes being introduced include new options for workers to change jobs and apply for exit permits, as well as new regulations to prevent the exploitation of low-income workers. The new law also abolishes Qatar’s existing Kafala system, replacing it with a modernised, contract-based system.
Expats also have the right to permanently leave the country before or after completing the duration of their contract, after notifying the employer according to the terms of the contract. If the employer rejects a leave request, the migrant worker can appeal to the Exit Permit Grievances Committee, which has to respond to all requests within 3 days.
Employers found to have confiscated passports can be fined up to QR25,000 per worker. When enacted, this will be the toughest financial penalty against passport confiscation within the region.
New residency law explained
In October last year, Emir H H Sheikh Tamim Bin Hamad Al Thani issued Law No 21 of 2015 regulating the entry, exit and residency of expatriates. The law will come into effect on December 13.
Below are answers to some of the most commonly asked questions in relation to Law as provided by the Ministry of Administrative Development, Labour and Social Affairs yesterday.
How can expatriates apply for an exit permit under the new rules?
Firstly, the Ministry of Administrative Development, Labour and Social Affairs will make employers agree on annual leave dates with the workers. When applying for an exit permit, for annual leave or an emergency, migrant workers will first submit their application in writing to their employer, as per the terms of their contract.
It is anticipated that in the overwhelming majority of cases, exit permit requests will be approved and processed by employers immediately. In some cases, if the employer rejects this request, expats will be able to apply directly to the Exit Permit Grievances Committee.
Expats are able to submit requests via an e-government services programme, or in-person at government service complexes and police stations throughout Qatar. Once submitted, all exit permit requests received will be decided upon within 72 hours.
Upon receipt, the Exit Permit Grievances Committee will conduct an immediate background check of the applicant to ensure that no active or pending criminal proceedings, or financial claims, are currently against them.
During the Committee’s 72-hour window for deciding upon the request, it will look to contact the applicant’s employer. When contacted, the employer will be asked if they have any objections to the request. Valid objections may include: a) reason to believe that the employee has committed fraud b) reason to believe that the worker is attempting to evade prosecution for a crime.
If any of these objections are raised by the employer, the burden will be on the employer to convince the relevant authorities before the 72-hour period closes that a criminal case should be opened up against the worker. If they cannot succeed in persuading the relevant authorities, the worker will be automatically granted an Exit Permit.
What will happen if the Exit Permit Grievances Committee is unable to contact the expatriate’s employer?
If the Committee cannot contact an expatriate’s employer within 72 hours of their exit permit application being submitted, it will approve the request – provided that the worker passes all relevant background checks.
What will happen where there is an emergency and an expatriate needs to return sooner?
Seventy two hours is the current maximum we expect for the appeals process, in reality the system can operate much faster. In the event of an emergency, e.g. a natural disaster in their country of origin, the committee can expedite this timing.
Who are the Members of the Exit Permit Grievances Committee, and how does it operate?
The Exit Permit Grievances Committee will consist of officials from the Ministry of Interior, the Ministry of Administrative Development, Labour and Social Affairs, and representatives of the National Human Rights Committee. In their hearings, the worker will have the opportunity to contest any evidence that may have been used against them. Further, the worker will also have the opportunity to appeal for clemency, in cases where they owe debt but need to return home for a medical or family emergency.
The government anticipates that the majority of cases heard by the Exit Permit Grievances Committee will be decided in favour of workers.
In cases where an expatriate is prevented from receiving an exit permit, will their family members be able to leave the country?
Family members and dependents will be allowed to leave freely – unless they are implicated in any crime committed by the expatriate under investigation.
How will expatriates be able to change jobs under the new law?
Under the new law, expats will no longer need approval from their existing employer to change jobs if they complete the length of a fixed-contract. However, it is required that expats in fixed-contracts provide written notice to their employer before the contract expires, advising their employer of their intention to change jobs at the end of their contract. The duration to notify the employer will depend on the terms and conditions in the contract signed by each employee.
Expats in open-ended contracts will also be able to change jobs without their existing employer’s permission, provided that they complete a five-year service period. However, it is required that Expats in open-ended contracts provide a written notice to their employer prior to changing job.
All Expats who wish to change jobs will also need to get the approval of the Ministry of Administrative Development, Labour & Social Affairs (ADSLA) prior to taking up their new employment.
How are service periods calculated under the new law?
All service periods will be calculated from the day that the employee started working for their employer. This includes all days of employment accumulated prior to the implementation of Law No. 21 of 2015.
Will expatriates be able to change jobs prior to completing their agreed service period?
In cases where a worker wishes to change job prior to completing the length of their contract, they will need to seek permission from their existing employer. However, in cases where the worker can demonstrate they have been exploited or mistreated by their employer, the law gives them the right to demand to transfer employment.
If expats leaves Qatar, how long will they need to wait before returning to the country to take up employment?
Expats who leave Qatar and have had their employment and Residency Permit terminated, will be able to return to Qatar to take up employment immediately after being granted a new visa. However, this will not be the case for workers who have been found guilty of misconduct whilst working for their previous employer in Qatar.
How long do employees have to find another contract in the case of termination of a contract?
If necessary, employees can have up to three months to find work by notifying the Ministry of Administrative Development, Labour and Social Affairs. When the worker has found a new job, they will be required to return to the Ministry and present their new employment contract. Expatriates who do not find work within this period must leave Qatar.
© The Peninsula 2016
