Qatar Labor Laws and Regulations

Posted on July 29th, 2013

Despite its small size, Qatar continues to be a magnet for business and investments not only from the region, but also on a global scale. Qatar Labor Law has played a key role in the country's development to date, and will continue to be a critical component of Qatar’s growth moving ahead in trying to recruit and retain human resources.

Employee Contract Laws

The first thing which you need to go through on landing the assignment in Qatar is your employee contract. The contract is a legal document that encloses all relevant details pertaining to your employment. Go through each and every detail and get your doubts clarified on any dubious clause in the contract.
All employee contracts are available in Arabic as well as Non-Arabic version. Before signing, ensure that you check both versions of the agreement.

 

Sponsorship Laws

If you are an employee subject to the sponsorship system in Qatar, you may change jobs or seek new employment in the country, if the old employer and the potential new employer arrive at a mutual written agreement allowing you to do so. The transfer of sponsorship is subject to the consent of the competent authority at the Ministry of Labor.

 

Employee Benefits Law

Every employee is legally entitled to many benefits. Ensure that these benefits are specifically mentioned in the terms of the contract. Verbal assurances cannot be proved in a court of law. As per Qatar Labor Law and as may be required by the Ministry of Labor, some of these benefits are mandatory

 

Understanding Qatar Labor Law

Qatar Labor Law No. (14) of 2004 governs the employment of the majority of individuals currently working in Qatar. This body of law also regulates the entry, the sponsorship and the residence of foreigners in Qatar, whose number has reached nearly 1,271,000 million in 2011, according to a recent report of the Permanent Population Committee (PPC).

Individuals excluded from the provisions and regulations of Law No. (14) of 2004 include the following: (1) ministries and other governmental organizations, public institutions corporations and companies which are established by Qatar Petroleum by itself or with others and the workers whose employment affairs are regulated by special laws, (2) Qatar’s armed forces, (3) family members and dependents of individuals working in Qatar, (4) casual workers, (5) domestic worker, e.g. cooks, gardeners, nurses, drivers, etc. Law No. (8) of 2009 of the Human Resources Law governs the work of such individuals, which is the second material piece of legislation pertaining to employment of individuals working in Qatar.

Qatar’s Labor Law clearly grants priority for employment to Qatari citizens who may register with the Ministry for potential job placements. As for foreigners, the Law requires the employer to obtain permission from the Labor Department at the Ministry of Labor before their recruitment for work in Qatar. It is important to note that as is the case in most Gulf countries, employers in Qatar may hire foreign employees under a sponsorship system, or what is commonly known as “kafala”, which in Qatar forbids foreign employees to seek other jobs in the country without their employer’s prior approval. In fact, without a release letter, the employee is required to leave the country for a minimum of two years before being able to return to work for another employer in Qatar.

The Law principally limits working hours for all employees to 48 hours per week (36 hours during the month of Ramadan) and requires the employer to pay the employee for any additional worked hours at the rate of the basic wage and an addition of not less than 25% thereof. The employee is also entitled to a paid annual leave and a paid leave on public holidays such as Eid Al Fitr (three working days), Eid Al Adha (three working days), Independence day (one day) and Sports day (the first Tuesday of the second week of every February) which was recently designated as a public holiday in the Emiri Decree no. (80) of year 2011. The Law additionally outlines specific safety protocols that employers must implement, sets precise rules for the employment of juveniles, and favorable conditions for women’s employment.

In the event of an indefinite employment contract, the law provides that any of the parties may terminate the contract without giving reason for such termination, provided that the party who wishes to terminate the employment contract notifies the other party of said decision. The notification must be given not less than a month from the desired termination date if the employment is five years or less, and not less than 2 months if it is more than five years. In a contract of a determined duration, the parties may terminate the contract before its term but only for valid reasons as specified by the law.

According to the Qatari Labor Law, the employee is allowed to terminate the employment contract before its term if it is a contract of a determined duration, and without notifying the employer if it is an indefinite employment contract, in the following events:

1. The employer commits a breach of his obligations under the service contract or the provisions of this law.

2. The employer or his responsible manager commits a physical assault or immoral act upon the worker or any of his family member.

3. The employer or his representative has misled the worker at the time of entering into the service contract as to the terms and conditions of the work.

4. If continuance with the work endangers the safety and health of the employee provided that the employer is aware of the danger and does not take the necessary steps to remove it.

The law also allows the employer to dismiss the employee at any time for several reasons, of which include, but are not limited to:

1. The employee assumes a false identity or nationality or submits false certificates or documents.

2. The employee commits an act that causes gross financial loss to the employer (provided that the employer shall notify the Department of the incident within twenty-four hours from the time of his being aware thereof).

3. The employee fails more than once to carry out his essential duties under the service contract or this law despite being notified in writing thereof.

4. The employee discloses trade secrets of the establishment where he is employed.

5. The employee is found in a state of drunkenness or under the influence of a drug during working hours

6. The employee commits an assault on the person of the employer, the manager, or one of his supervisors during work or by reason thereof.

7. The employee has been finally sentenced for a crime involving immorality or dishonesty.

In the event an employer-employee dispute arises, the Law states that the parties may seek mediation through the Labor Department and the Labor Relations Department at the Ministry of Labor. If the mediation proves to be unsatisfactory, either party may submit a claim to the Qatar Labor Court.

With that being said, it is important to note that Qatar’s legislations for Labor matters were at times criticized for either being insufficient or weakly enforced. In fact, with no minimum wage fixed for workers in Qatar, an inefficacy of investigation for the violations of the Labor Law and an inability to form labor unions to protect workers’ rights, low-income migrant workers may face subpar pay and reside in inadequate working conditions. The Ministry of Labor has shown great concern and awareness in this regards and has discussed on numerous occasions the possibility of reevaluating the Laws and adopting appropriate measures in order to assure their right enforcement.

Qatar’s Labor Law is likely going to mature and evolve in the coming years to address current day labor related matters to better support Qatar’s pursuit of it’s 2030 vision, and more imminently, hosting of the World Cup in 2022.

By Aline El Sayed - Senior Associate - Al Misnad Law - In Association with the Law Offices of Khalifa Al Misnad