Qatari laws guarantee the rights of residents, including expatriate workers and foreign investors, if their entitlements or rights are abused by the sponsor, legal experts have reiterated.
The guarantees are included in the personal sponsorship law and the companies law which also ensure the rights of foreign investors in Qatar.
Speaking to local Arabic daily Al Arab, the experts explained that the relationship between the sponsor and the sponsored person is organised by the Companies Law in case of partnerships and any dispute will be fairly settled or judged according to the Law and the company’ articles of association to protect the rights of foreign investors.
In case of employees, they can resort to Labour Law’s provisions to claim their rights.
Legal experts and attorneys have stated that the sponsor shall not seize any entitlement of the sponsored person and if this takes place the sponsored person must resort to the legal recourse to preserve his entitlements and rights. “There are many clauses in the Law that preserve the rights of the expatriates in case of arbitrariness by the sponsors and in case of forced seizure of possessions, complaints should be submitted to the Civil Court which will form a committee to investigate the matter or settle the disputes between the parties.”
As regards the preservation of the right of foreign investors, Ahmed al-Zaman, lawyer and former head of the Court of Appeals, has said that the sponsored person has the right to seek the help of the security and judicial authorities in case of any damage caused by the sponsor and if the sponsor’s actions constitutes a crime, the victim should submit a criminal notice against the sponsor to ensure his rights and entitlements.
If the actions formed civil violations of the laws in force, the sponsored person must resort to legal measures as the Laws are clear in this respect and fair judgment is assured, al-Zaman said.
He added that the Penal Law and the Law of residence and entry of foreigners have provided guarantees in case of arbitrariness on the part of the sponsor and in case of any dispute the sponsored person has the right to resort to the Qatari courts. As per the Law, the sponsored person can also approach the Ministry of Interior which can transfer the sponsorship of the aggrieved worker.
He referred to the confirmed rights of the foreigners engaged in joint partnerships in respect of the profits, possessions, residence status and the prevention of deportation in case of disputes among the partners.
Lawyer Dr Saud Saadoon al-Azba stated that the sponsor shall not apply pressure on the sponsored person with the purpose of seizing the rights thereof and in case of a partnership, the legal rights will be equal between the parties. However, the issue will be different in respect of the shares of the parties which will be in accordance with the agreed terms in the Articles of Association and as per the Companies Law. He opined that sponsored persons must not fail to resort to legal means of justice if rights and entitlements are violated.
Lawyer Hawwas al-Shamri referred to the right of submission of a notice to the Human Rights Department of the Ministry of Interior in case of physical assault by the sponsor or in case of putting pressure on the partner in partnerships to sell the other party’s share in a company or to surrender the rights thereof. The department will then ensure the transfer of sponsorship without referral to the sponsor, he said.