Confused about Qatar’s new Labour Law? Read this simple FAQ section!
Workers and employees in Qatar woke up to a new dawn yesterday when the Kafala (sponsorship) system was taken away once and for all. It has been replaced with a new contract-based system, which promises more flexibility to people who wish to change jobs.
However, as is the case with any new law, a lot of questions will still remain in people’s minds. In an effort to answer them, the Ministry of Administrative Development, Labour and Social Affairs (MADSLA) came up with detailed answers to frequently asked questions about the law.
This is quite detailed and will help clear your doubts. Read on.
How will expatriates be able to change jobs under the new law?
Expats will no longer need approval (NOC) from their existing employer to change jobs if they complete the length of a fixed-contract. However, expats in fixed-contracts should provide written notice to their employer before the contract expires, advising them of their intention to change jobs upon completion of the contract. The notification duration will depend on what’s written in the contract.
Expats in open-ended contracts can freely change jobs provided they complete the five-year service period. However, they should provide their employers with a written notice.
Expats who wish to change jobs should get MADSLA approval prior to taking up new employment.
How are service periods calculated under the new law?
All service periods will be calculated from the day the employee started working for their employer. This includes all days of employment accumulated prior to implementation of the new law.
Can expatriates change jobs before completing their agreed service period?
If a worker wishes to change jobs prior to completing the five-year period, he/she will require permission from their existing employer. However, if the worker can prove they were exploited or mistreated by their employer, the law gives them the right to demand transfer of employment.
If an expat leaves Qatar, will the two-year ban still be in place?
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 applicable to those who were found guilty of misconduct earlier.
Can an employee whose work contract was terminated stay back and search for a new job?
If necessary, employees can stay back in the country for up to three months after notifying MADLSA. Once he/she finds a new job, they will have to return to the Ministry with the new employment contract. Expats who are unable to find work during this time period should leave Qatar.
How can expatriates apply for an exit permit under the new rules?
First off, MADLSA will make employers agree on annual leave dates with workers. When applying for an exit permit (annual leave or emergency), workers will first submit their application in writing to their employer.
It is anticipated that in most cases, exit permits will be approved immediately. If the request is rejected, expats can directly apply to the Exit Permit Grievances Committee.
Expats will be 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 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 the employer raises any of these objections, the burden will be on the employer to convince relevant authorities before the 72-hour period closes that a criminal case should be opened up against the worker. If they are unable to do it, the worker will be automatically granted an Exit Permit.
What 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 the worker passes all relevant background checks.
What will happen where there is an emergency and an expatriate needs to return sooner?
Although 72 hours is the maximum time expected for the appeals process, the system can operate much faster in reality. In the event of an emergency, a natural disaster in their country of origin for example, 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, MADLSA, 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 majority of cases heard by the Exit Permit Grievances Committee will be decided in favour of workers.
If an expatriate cannot get 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.
I want to clarify if it is safe to change job after completion of 5 years in one company what every contract you have?LIMITED OR OPEN ENDED?
Hi, i got an offer from government sector, so is any rule that the private sector want to give noc if the employee get government job. Plse reply.
What if the fixed contract for 2 years is not renewed after its completion period (eg. contract signed on 2010 for 2 years and not renewed after its expiry date 2012) and the employee have already completed 5 years with his employer.?...
good day to all..
i would like to ask if i am in open ended contract or unlimited duration... i want to terminate my contract and RP and visa.. can i come back again in qatar with a new employer and visa? will i face ban or how long i will wait till i can come back in qatar please advice
What is the process to change jobs for an open ended contract person who has completed more than 10 years.
Is visa cancellation and exit mandatory?
Or
can he stay in Qatar and change if he has a new contract in hand?
If an exit is mandatory can his family get exception to stay and can he exit and come back the next day and will his family's visa get updated to his new visa.
or
Should he cancel his family visas before his company cancels his? is cancellation necessary?
Is there option to change without exiting. does anybody know?
Dear All, My Qatar VISA was cancelled on September 2015. so now i can come back to Qatar if i found any new employer? can any one guide me. and also my brother working in Qatar but his employer not paying salaries since two months and he resign his current job three months back and his visa already expired. But the current employers not releasing him. so what he can do now ? please advise me
@britexpat thanks for the info. Can you please tell me if employer refuse to grant NOC to change job(within definite/indefinite contract) then can employee leave the country and come back again on new contract with new employer?
Thanks in advance
For a particular employer - "Expats in open-ended contracts can freely change jobs provided they complete the five-year service period. However, they should provide their employers with a written notice."
Any one please clarify? 5 years service period means the day employee started working in qatar or for a particular employer.
ITS GOOD AND COOL
HI ALL
THIS IS MORE WORST THAN BEFORE .KINDLY WELL NOTED AND UNDERSTATED. COOPERATE ALL TOGETHER AND LET THEM CHANGE THIS SYSTEM .......
HI ALL
THIS IS MORE WORST THAN BEFORE .KINDLY WELL NOTED AND UNDERSTATED. COOPERATE ALL TOGETHER AND LET THEM CHANGE THIS SYSTEM .......
Is it true that if you completed your fixed term contract and you found a new job, the new company should provide you a Visa in order for you to work with them? because the NOC is no longer applicable.
Thanks. means in case of transfer without exit , if both employers sign verification done , then no need for new employer to have new same category visa. If its like that then how we can transfer as you knew it, for example , Pakistani visa not easily has the companies, in this case how come the new company has the available same category Pakistani visa. Means job offer is useless if new company don't have same category visa in case of transfer within contract time with NOC.
Conditions and Regulations of (Changing the Employer/ Leave Country) Notice
The new employer should have an approval of the same nationality, gender and profession
There should be no restrictions against the new employer that would stop the change
There should be a notice submitted by the worker 30 days before the contract comes to an end if it is a fixed–term contract
If the contract is an open-ended contract, the worker should stay not less than five years in service and notice period would be as follows
30 days, if the duration of service is five years
60 days, if the duration of service is more than five years
The age should not be above 60 years old
Target sector (Private Sector)
In case of arbitrariness or conciliation , please attach what proves it
All applications and approvals are subject to all terms and conditions announced by the Ministry of Administrative Development, Labor and Social Affairs
I heard to transfer release without exit now both companies need to have same category visa, is it? then it is one of the most difficult matter in new law , very much difficult then previous law. Can someone clarify it?
Still confusion, how to apply exit permit before committee, either from metrash or through employer or how to step first or same like before through employer then in case of rejection from emoloyer then to go committee.
I checked my metrash 2, we cant apply exit permit through metrash 2 , its just monitoring not to applying i think.
What about changing the employer within one year of signing a contract
If the employer is willing to give NOC ?
Is the rules regarding this the same(2 yrs )
http://e-notice.adlsa.gov.qa/Login.aspx?ReturnUrl=%2f
link from labour ministry for the employer change
for the exit permit, still the employer do the request not the employee, I just made one now . So nothing change ?
Guide you Expatriates Affairs Department presents its compliments at the end of the contract between you and your former sponsor you can come back. - this is the authentic reply i received from Ministry of passport affairs for people serving two year ban at present.
So, who ever are out of the country, or in Qatar completing their contract can switch jobs.
what happens in the event where one is terminated within the contract period??
MOADLSA - Ministry of Administrative Development Labor and Social Affairs is located at Al Faisal Tower in Dafna. It's the tower opposite to Marriot Marquis Hotel near City center Mall.
What if the anyone wants to change the employer before completing the contract period and finds another Job .?
Dear QL,
Thanks for sharing the valuable info, my question is if someone has completed more then 5 years in open end contract and wish to switch over, should he apply for MADLSA approval before searching , applying and giving interviews ,if that is the case where to locate the MADLSA and what is the procedure to apply for MADLSA approval and documents required. What is the time frame for getting the approval or we have to show the New Job offer letter for getting the MADLSA approval.
Appreciate for your valuable feedback.
if anyone resign from current employer and suppose get new employer, is it necessary that the new employer should have visa according to nationality, or after showing new employer agreement the ministry will issue the visa/work permit. please clarify
I think the EXIT PERMIT has become much more complicated. Why is not just abolished like every other country in the world ?
Old Wine in New Bottle
Dear QL,
Thank you very much for this information.
anyways where can we go to MADSLA?
where is it located?
Thanks a bunch guys!
Such good and complete information .. we like the new system