Imminent new law will make changing jobs easier for expats, says Government agency

December has begun and expatriates in the country are gearing up to welcome the new residency law on December 13.

Law No 21 of 2015, which regulates the entry, exit and residency of expatriates, will calculate expatriates’ service periods from the day he/she started working for their employer.

This will include all days of employment accumulated prior to the implementation of the new law, said a release from the Ministry of Administrative Development, Labour and Social Affairs (MOLSA).

Changing jobs

The law states that expats will no longer need approval from their existing employer to change jobs if they complete the length of a fixed-contract.

However, expatriates in fixed-contracts should provide their employer with written notice about intention to move on before the contract expires. Expatriates in open-ended contracts will be able to change jobs without their existing employer’s permission, provided that they complete a five-year service period.

All expatriates wishing to change their jobs should get approval from MOLSA prior to taking up new employment.

When a worker wants to change jobs before his contract ends will need to get permission from their existing employer. But if they can prove that they were mistreated, then they have the right to demand employment transfer.

Job contracts

Any new prospective job seekers will be able to see a copy of the job contract before they leave their respective countries. This will cut down the incidence of being promised one job and given another once in the country.

Exit permit

The new law abolishes Qatar’s existing Kafala system, replacing it with a modernised, contract-based system.

Expats will have the right to permanently leave the country before or after completing the duration of their contract, after notifying the employer according to the terms of the contract. If the employer rejects a leave request, the migrant worker can appeal to the Exit Permit Grievances Committee, which has to respond to all requests within 3 days.

Explanations to commonly asked questions.

How can expatriates apply for an exit permit under the new rules?

Firstly, MOLSA will make employers agree on annual leave dates for workers. When applying for an exit permit, for annual leave or an emergency, migrant workers will first submit their application in writing to their employer, as per the terms of their contract.

In a majority of cases, the employer will approve exit permit requests immediately. If the employer rejects the request, worker can apply directly to the Exit Permit Grievances Committee. All submitted requests will be decided upon within maximum 72 hours.

The committee will conduct a background check on the applicant and get in touch with companies about the reasons for denying the worker exit permit. Barring commitment of fraud or crime (which the employer should prove), the worker will have his exit permit issued.

What if the committee fails to reach the expatriate worker’s employer?

In that case, within 72 hours, MOLSA will approve the request provided the worker passes all relevant background checks.   

What happens in the case of an emergency?

Although 72 hours is the official time window for approval of exit permits, it can operate much faster. In the event of an emergency, like a natural disaster in their origin country, the committee can expedite this timing.

What is the set up of the Exit Permit Grievances Committee?

The committee will consist of officials from the MoI, MOLSA and representatives of National Human Rights Committee. In their hearings, the worker can contest any evidence that may have been used against him/her. 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 the majority of cases heard by the committee will be decided in favour of workers.

If an expat is prevented from receiving 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.

How long should exiting expats stay out of the country before returning to take up another job?

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 the case for workers who have been found guilty of misconduct whilst working for their previous employer in Qatar.

How long do employees have to find another job in case of current contract termination?

Employees can stay in Qatar for up to three months to find a new job by notifying MOLSA. Once they find a new job, they should return to the Ministry and present their new employment contract. Expatriates who do not find work within this period must leave Qatar.