Returning to Qatar to take up new job
By Nizar Kochery/Doha
Question: If I decide to leave Qatar because my previous company/employer did not grant me a No Objection Certificate/release, or due to resignation/termination, how many years or months will I be banned from seeking employment again here in Qatar?
JO, Doha
Answer: According to Article 4 of the Entry and Exit Laws foreign workers are allowed to come back to Qatar to take up a job with another company only after two years counted from the date of departure of a worker. However, the Minister of Interior is authorised to waive the period of ban and also a worker, whose sponsor is willing to give him a release, can be employed by another company immediately. In the event of termination under Article 61, a worker cannot return to Qatar to take up employment with another company before completing four years outside the country. Four years are to be counted from the date of their departure.
Lessee’s claim for compensation
Q: Our landlord terminated the lease through the rental dispute committee on the ground that he wanted to demolish the building and construct a new one. It’s almost one year and nothing has happened to the building. He has now rented it to some other party. Can we take any action now? Also, what’s the relevance of “term of lease”? If one continues to remain in the leasehold even after term of lease, could the tenant or landlord terminate the same at its interest?
AG, Doha
A: The lessee may invoke Article 19 to claim compensation in such circumstances. According to Article 19 of the Rental laws, the lessor should proceed with the licensed works within six months of the date on which the leased premises were vacated. In the event if the lessor does not undertake the licensed works, or lets the said premises to another lessee before undertaking such works, the lessee may submit a claim for compensation if such is warranted.
Regarding “term of lease”, the term will remain in force until its expiry and may be renewed upon the mutual consent of both parties. Should a tenant remain in occupation upon expiry of a lease with the knowledge and consent of his landlord, then the lease shall be deemed to have been renewed for a similar term on the same terms and conditions.
Payment of the workers’ dues
Q: I am currently working in the Construction & Engineering Firm in Qatar. When I first came here on October14, 2010, I was employed in a certain limited company based in India. Recently, our company established a new sister company with WLL to engage with private construction companies. Now our - the staff and workers - visa has been transferred from limited to WLL since it is required by law, so we have a new sponsor as well. Three months ago we were still a limited company. We were promised that once we transfer to WLL, all benefits like gratuity would be given to us immediately. Thus, we agreed and processed all the requirements hoping we can get the benefits earlier before we can finish the two-year contract. Now, it’s two weeks our IDs & passports have been stamped under a new sponsor but there is no word about the promised benefits. I phoned our head office but no action has been taken.
Is it lawful/legal if my previous/current employer does not pay the mentioned gratuity? To whom or to what agency in Qatar should I consult on the matter?
AS, Doha
A: As per law under Article 52, rights of employees on merger, amalgamation, transformations, etc are protected. In such situations, the successor shall be jointly liable with the former employer for the payment of the workers’ entitlements accruing from the latter. In the current case it seems that an independent entity is formed and sponsorship transfer is done. The employment relationship with the original employer got terminated and new employment contract executed. Seek assistance of the Department of Labour to get your benefits or to get an undertaking by the new employer guaranteeing to count period of service from your initial entry in employment.
Transfer of sponsorship
Q: It is a common understanding that employer has the sole authority to issue or not to issue a NOC for an employee. Is it applicable to all employees who are recruited overseas and mobilised to Qatar and employees who are locally recruited and transferred their RPs to our company? Can any category of employees get transfer without the consent of the sponsor?
RT, Doha
A: Qatar employment or sponsorship laws do not categorise expatriate employees into local and/or overseas recruits. Sponsorship transfer or grant of NOC is at the sole discretion of the employer. Accordingly, transfer of sponsorship can be made only through a written agreement between the ex-employer and the new employer after being approved by the concerned authority. However, in certain cases, the transfer of sponsorship could be possible without the approval of the ex-employer. The Minister of Interior or his deputy can temporarily transfer expatriate sponsorship if there are court cases between the sponsor and the expatriate / an expatriate whether governed by the provisions of Labour Law or not and if sponsor’s “abuse” of the expatriate has been proved or if the public interest requires so.
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LEGAL SYSTEM IN QATAR
According Article 61 of Labour Laws, the employer may terminate the services of an employee without warning and without paying end-of-service benefits in the following cases:
1. The employee is found impersonating other nationalities (forged passports), has submitted false documents and certificates.
2. The employee has committed a mistake that has resulted in massive financial losses for the employer and provided that the employer has informed the department before the end of the next working day, from the time that the mistake had occurred.
3. The employee violates more than once, instructions related to the safety or other employees and the establishment, despite being issued a written warning earlier and provided that these instructions are written and displayed prominently inside the establishment at a place where it can be easily accessed.
4. The employee violates more than once the commitments stated in the contract and in the law, despite being warned in writing earlier.
5. The employee divulges vital secrets and confidential information of the employer.
6. The employee is found intoxicated with alcohol or under the influence of narcotics while on duty.
7. The employee physically assaults the employer or other officials and seniors while on duty or due to work related disputes.
8. The employee repeatedly assaults his colleagues while on duty and was served written warnings.
9. The employee was absent without justified reasons for more than seven consecutive days or for periods exceeding 15 days in one year.
10. The employee is found guilty in a court verdict in a crime related to his personal honour.
In enforcing penalties upon employees, the employer must inform the employee about the accusations within 15 days of the violation, except in criminal offences. Penalties are restricted to be related to work related violations and can be imposed only after the employee has been duly notified and a written explanation was sought. Such an explanation may be orally submitted in minor violations, which does not exceed a penalty of more than one-day salary deduction. However, such explanations and deductions have to be recorded in the personal files of the employee. Not more than one penalty may be imposed for a single violation, penalties signed by the employer only shall be valid and no penalties not stated in the by-laws shall be imposed on the employee.
