Qatar's new law lifts two-year ban on expats re-entry

The whole nation has been in quite a bit of an uproar since the new labour laws have been enacted. Most expats have greeted the news with joy while some others are still treating it with apprehension. 

However, here are some more updates on the new labour laws-

The current two year ban on those who want to re-enter the country under a work visa will not be applicable once the new labour law comes into action next year.

According to Gulf Times, an expat under a new work contract can return back to Qatar anytime he wants, even the very next day, as long as his documents and visa requirements have been fulfilled.

Brigadier, Mohamed Ahmed Al-Atiq, the assistant-director general of the Department of Border, Passport and Expatriates Affairs, said that the two year ban to return to Qatar was only under the Kafala system.

He argued saying that since the whole Kafala system will be abolished by the new law, a person who had previously worked in Qatar would not have to seek the approval of his former sponsor if he is recruited by a new employer.

The local Arabic media has reported that Brigadier al-Atiq said expatriates are deported only on the basis of a court order and this had no connection with the issue of a two-year ban even in the old law.

However, if an expat is fired as a punitive measure and he did not appeal his dismissal or his plea was rejected by a court, he shall not be permitted to come back to Qatar before the passage of four years, as per Article 26 of the new law.

Also, an expatriate worker repatriated upon a court verdict cannot come back unless he got the approval of the Minister of Interior.

Brigadier al-Atiq emphasized that according to the new law, the relationship between the employee and the employer will be solely determined by only the work contract.

 The contract signed by both has to be approved by the authorities concerned in the country. The duration mentioned in the contract shall be binding on both parties.

Saleh al-Shawi, director of the Legal Affairs Department at the Ministry of Labour and Social Affairs (MOLSA), said that expatriate workers can take up new jobs upon the conclusion of their contractual obligations but they have to seek the approval of both the Ministry of Interior and MOLSA.

As in the old system, workers can change jobs any time if the current employer issues a no objection certificate.

"As per provisions of the new law, closed contracts shall not exceed a period of five years. Workers who have open-ended contracts can move to another employer after spending a minimum of five years with the first employer. The notice period shall be two months for less than five years of service and it will be the period agreed in the work contract in case of more than five years of service," Arabic dailies quoted al-Shawi as saying.

He stressed that the law protected the rights of expatriate workers. "If the work contract endows a worker with more privileges and advantages than mentioned in the law, the former will be approved and applied.”

He also said, “It is possible to modify the contract at any time provided both the employer and the worker agree to the changes. In case of discrepancies, the worker will be given the best possible terms."

According to the new law, expatriates will be able to apply themselves for exit permits through the approved channels of MoI, without having to seek the permission of the employer. The request would be granted within three working days.

The employer will be notified in case he has any objection. In case of disputes a grievance committee will resolve the issue within three working days. If still not resolved, the issue will be referred to the court.

"In cases of emergency and the mutual agreement of both the worker and the employer the exit permit will be granted immediately."