Qatar Labour Law: who is excluded?

 By David Salt or Emma Higham /Doha

The provisions of Qatar Law No (14) of 2004, the Labour Law, govern the employment of the majority of individuals currently employed in Qatar.  The Labour Law has specific provisions regulating the employment of apprentices and minors.   

The Minister of Labour (Minister), and the Ministry of Labour (Ministry) is the Minister, and Ministry, respectively, with overall responsibility for regulating the employment of those individuals working in Qatar whose employment is governed by the provisions of the Labour Law.  The Labour Department of the Ministry provides practical support and enforcement of the same provisions.

Where a dispute arises between an employer and an employee, the Labour Department and the Labour Relations Department, an associated government agency, may call both parties to a meeting to seek to mediate between them.  Where mediation is unsuccessful either party may submit a claim to the Qatar Labour Court.

This article will consider the way in which the employment of individuals in Qatar is governed, regulated and any disputes adjudicated if their employment is excluded from the provisions of the Labour Law.

Who is excluded?

The Labour Law (Article 3) excludes individuals working for the following employers from its provisions and regulation:

* Ministries and other governmental organisations, public institutions, corporations and companies which are established by Qatar Petroleum by itself or with others and individuals whose employment is regulated by special laws.

* The Qatar armed forces, the police and individuals employed at sea.

* Family members and dependents of individuals working in Qatar.

In addition the Labour Law excludes individuals working in the following roles from its provisions and regulation:

* Casual workers.

* Domestic workers, eg. drivers, nurses, cooks, gardeners, etc.

* Agricultural workers, including, individuals involved in grazing, product processing and marketing, equipment operators and those individuals who repair agricultural equipment.

The provisions of the Labour Law, or any part thereof, may be applied to the employment of the individuals set out in the last four bullet points above subject to a resolution of the Council of Ministers upon the recommendation of the Minister.  

Are they really excluded?

An integral part of the sponsorship regime for the majority of expatriate individuals working in Qatar, and governed by the provisions of Qatar Law No (4) of 2009, Immigration Law, is the requirement for an employer and an employee to execute a local employment contract.  

This contract must be compliant with the Labour Law and approved and filed at the Labour Department.  In this way the Immigration Law actively applies the provisions of the Labour Law to the employment of expatriate individuals whose employment may be excluded by reference to employer or role.

Qatar-based embassies are also starting to seek to regulate the employment of their nationals working in Qatar by negotiating minimum wages and approving contract renewals with various Qatar government agencies to ensure that they are compliant with the minimum provisions of the Labour Law.  

Regulations for excluded employees?

Law No (8) of 2009, Human Resources Law, is the second material piece of legislation pertaining to the employment of individuals working in Qatar.

The Human Resources Law sets out and regulates the employment of individuals employed in the roles of civil servants of the various Qatar ministries, other government agencies, public authorities and institutions.  The Ministry provides practical support and enforcement of the same provisions.  The Qatar Labour Court will accept the submission of claims.

The Human Resources Law (Article 2) excludes individuals working for the Emiri and Audit Diwans, the diplomatic and/or consular corps, university (teachers) and Qatar Petroleum.  In addition, the Human Resources Law excludes individuals working as judges, public prosecution officers and their assistants.

Where individuals are excluded from both the Labour Law and the Human Resources Law it is often difficult to determine which regulations govern their employment.  

Individuals considering employment opportunities with employers whose employment will not be governed by the Labour Law or the Human Resources Law should pay careful attention to the governing law and dispute resolution provisions of their draft employment contracts to determine under which laws, rules and regulations they will be employed and, in the same way, to which rules and regulations they will have recourse to should an employment dispute arise.  

Such considerations are not unique to Qatar and will be the same in whichever jurisdiction an individual is seeking employment especially an expatriate who is unfamiliar with local laws.  

Note: All Qatari Laws (save for those issued by, eg. the QFC to regulate its own business), are issued in Arabic and there are no official translations, therefore for the purposes of drafting this article Clyde & Co LLP has used its own translation and interpreted the same in the context of Qatari laws, regulation and current market practice.

* Should you have any questions in connection with this article or the legal issues it covers, please contact David Salt or Emma Higham of Clyde & Co LLP at david.salt@clydeco.com.qa or emma.higham@clydeco.com.qa