Question about Local Hire being sent home
Hi, I have a Filipino friend who came to Doha on his own and is a "local hire". He fears that he will lose his job soon (due to the economy, nothing he is at fault for) and is scared he will be sent back to his country. A co-worker of his was recently fired and was given ONE DAY(!) to find a new job, which of course was impossible, so the next day he was packed up and shipped home!
He was also a local hire. My question is, can this company do this to local hires? I thought they could only do this to people hired from their home country, not people who came to Qatar on there own. If this person is fired, and did nothing wrong, what are his rights? Can't they give him time to find another job?
I am a westerner, so I don't know about all this nonsense, sorry. What if he bought his own visa for QR 10k?
Sorry if this is the wrong forum, couldn't find one for jobs. Thanks.
Just trying to help a nice guy out.
star, they had a sponsor who GAVE you them a NOC.
(fixed)
bleu: not me, someone i know... and yes he got the NOC and now he's still here.
Kinimoto, are you saying this thread is causing you to be fired and sent out of the country :)
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"Diplomacy is the art of saying 'Nice doggie' until you can find a rock - Will Rogers"
Thanks to this thread, I might face the same situation too.
^_^
"I don't go back on my words, that's my way of ninja"
Amoud... as i have said, from what i have come to know. It has been stated to me by a colleague as we have encountered the same predicament before which has been resolved without the particular person being cancelled and shifted back to his home country... if what i have shared is misinformation, then i stand corrected.
Starfaith how is cancelling a visa illegal? and just as Bleu said, the sponsor does not have to issue an NOC.
The sponsor can cancel any visa he likes, without reason anytime he likes. All he has to do is take the passport to immigration, cancel the visa and thats it. Why would it be illegal for him to do so?
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"Diplomacy is the art of saying 'Nice doggie' until you can find a rock - Will Rogers"
Can this company do this to local hires?
Yes, if that company is his sponsor.
Cant they give him time to find another job?
Check his contract w/ his sponsor, if open the sponsor can terminate the contract in not less than one month notice w/o cause (Article 49), if definite contract he can claim salary up to end of contract cause sponsor is at fault of breach of contract. For Qatar Labour law copy and other info ask your friend to browse here:
http://www.qatarliving.com/group/filipino-expatriates-in-qatar
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from what i have come to know, cancelling a visa is not legal... they should issue a release. a one-day period is impossible though,even if he finds himself a new sponsor, visa application takes time to process... however, he could exit to Dubai or Bahrain or elsewhere then buy himself a tourist visa so he can come back here. expats are only buying visa because they are being sold, if the selling stops the buying can too.
You just don't understand that there's nothing you or your friend could do.
I have a thick skull? Are you mental, Bleu?
>>>You seem to have a thick skull, and you don't understand what is being said. Buying a visa is ILLEGAL!!! When he paid 10k to his first employer, that was ILLEGAL!!!
For the last time people, NO ONE BOUGHT AN ILLEGAL VISA! NO ONE HAS ANY INTEREST IN BUYING AN VISA! Once again, just for you, Bleu: HE DIDN'T BUY A VISA! HE NEVER PAID 10K TO ANYONE! Now take a breath and calm down.
He has a visa issued to him by his employer when he got here 3 years ago! All he was saying is he was TOLD he could buy a visa, but he knows it is illegal and isn't going to do it!
Boy, this is the last time I ask for advice on this forum. All this nonsense about something that didn't happen!
>>>Upon termination of the service of the worker the employer shall at his cost return him to the place from where he has recruited him...
And that would be the local economy, NOT the Philippines. And he has worked for the company for more than 3 years, so that 2 year rule doesn't apply.
They're only responsible for the cost of transporting him to the airport, since if they don't give NOC, ha can't legally work here. 2 year rule starts counting from the day he leaves the country.
>>>The employer shall complete the proceedings of returning the nonQatari worker within a period not exceeding two weeks from the expiry date of the contract.
So they really DON'T have the right to do it in ONE DAY, like they are doing.
Not Exceeding!!!!!!! It could be 0,1,2,3,....7 days now (used to be 14).
You seem to have a thick skull, and you don't understand what is being said. Buying a visa is ILLEGAL!!! When he paid 10k to his first employer, that was ILLEGAL!!! If he does it again, that would be ILLEGAL!!! and without NOC, he can't do anything.
A sponsor has the right to cancel your RP, take you to the airport, deliver you to the gate, and get a replacement visa... without telling you in advance. You wouldn't be able to come back to Qatar for 2 years.
If an RP is canceled, you have 7 days to leave the country. Rules changed weekly, if not daily. They need to reissue the labor law book with all the changes that have been made since 2004.
At best that Filipino guy should also contact his embassy for more advice on the matter. He shouldn't be breaking any immigration/labour law here for sure. Next, have a talk with his current employer,to defer his job termination while he scouts for another job.
I dont think thats really Qatarisun want to emphasize, rude & arrogant people are always present in this site. sad to say but true.
Knowledge is best when shared.... i've also read it here.
Sorry, James, I'm with Qatarisun on this one. The reason she is so emphatic is that she hears about "buying" visas thousands of times. It is illegal and it leads to a horrendous form of exploitation and human trafficking. She's merely trying to point this out. I am sorry for your friend, but in the aggregate Qatar has to account for all it's expats. They don't want a freelance workforce floating around in an underground economy. We don't have the "right" to stay here indefinitely, no matter how desperately one may wish to. And I really believe it behooves us Westerners to learn about the laws of Qatar. But that's what QL is helping us do.
Mandi
That pretty much answers my question:
>>>Upon termination of the service of the worker the employer shall at his cost return him to the place from where he has recruited him...
And that would be the local economy, NOT the Philippines. And he has worked for the company for more than 3 years, so that 2 year rule doesn't apply.
>>>The employer shall complete the proceedings of returning the nonQatari worker within a period not exceeding two weeks from the expiry date of the contract.
So they really DON'T have the right to do it in ONE DAY, like they are doing.
Thanks!
James
jdylan, now your turn to come down :) lol
>>>but coming from the developed country, leaving behind about half of your life.. and still don't understand simple things, that trading visas is illegal?
..that's what I mean by "being westerner of your age"...nothing else..
Again, I am a high-tech worker in Telecom, I am well-paid and put up in a nice high-rise in west bay, everything is done for me. They give me a free car, free apartment, and my company has a worker who does all the visa/working paperwork for me. I know I have a VISA sticker in my passport, that's all.
I have never dealt with ANY visa/passport/workers papers stuff since I got here three years ago. You fault me for not understanding all this stuff? Why not fault me for not speaking Arabic as well? I just have no need for that. I am not bragging, but all that is done for me by someone else. Perhaps YOU are in a different situation where you have to deal with visas often. You are accusing me of being ignorant of matters that I have no dealing with.
Also, NO ONE BOUGHT a bleeping visa, okay!? My friend simply told me that his boss told him that he could buy his own work visa to stay in Qatar! He simply flew here a few years ago and was hired by a store, they are his sponsor and issued the visa. All I am trying to do is find out what he needs to do to buy a work visa so he can stay in Qatar! And also, does his company have the right to send him back to his home country even though he flew here himself? Why get deported after losing one's job after one day? I can understand if the Government made him leave, but what authority does a business have to deport someone?
Sorry, Qatarisun, I'll enroll in a Qatari law school next week to get a better grasp on the details of worker rights and Qatari law regarding such matters, so I won't have to bother your holiness any more.
As per Article 57 - Qatar Labour Law this is what it states.
Article (57)
Upon termination of the service of the worker the employer shall at his cost return him to the place from where he has recruited him at the commencement of the engagement or to any place agreed upon between the parties.
The employer shall complete the proceedings of returning the nonQatari worker within a period not exceeding two weeks from the expiry date of the contract. If the worker joins another employer before his departure from the State the obligation to return him to his country or other place shifts to the latter employer
Now my question:-
Irrespective on the type of Visa, Lets consider a person was locally hired to a company sponsorship (Father's Sponsorship) gets in a situation like this, or a person who was under his fathers sponsorship, changed to a another company worked for 5 years, and changed it to yet another company and worked for 3 to 4 years - and again wishes to change the sponsorship or change his job? Is that possible. The Minimum requirements to work with each sponsor is 2 years at least?
Because in any case he is a local hire, taken from the local market, i guess he should be released in the local market with NOC since the company did not recruit him from abroad. And what about those who were born, brought up and lived all their life here? What is the rule for them. Any experts please advise !!
mamamialicious,
She can get an NOC if the company gives it. It's their choice.
jdylan,
It's good that they're giving NOC. Some companies never give them. Not a chance.
i have also a friend who has the same problem to be.she is just planning to resigned from her work due to some matters.is it possible for her to obtain an noc from her current company?.actually this was her 2nd company.she was released by her 1st employer.
i would understand, 17-years old guy from the remote village in some forgotten by God place, doesn't know what VISA is, and doesn't understand that such things are strictly regulated by the Government of each country... but coming from the developed country, leaving behind about half of your life.. and still don't understand simple things, that trading visas is illegal?
..that's what I mean by "being westerner of your age"...
nothing else..
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“You become responsible forever for what you have tamed”. Antoine de Saint-Exupéry
If he paid 10k, or anything, it's an illegal visa.
>>>so he "bought" some illegal visa...and if he did, he should not be only sent home, he should be heavily fined first, and then blacklisted...
since you are “westerner” you should know, and considering your age you should understand, that buying-selling visas is actually a crime…... and you ask for the sympathy to the one who has violated the law?
Calm down, he didn't buy any visa. He was told this as an option, that he could "buy" a visa to stay in Qatar as a worker, but he was told they cost 10,000 QR.
Excuse me, but not everyone over here is as competent in Qatari visa rules and regulations as you appear to be. And what does me being a "westerner" as you say, have to do with anything? I was brought here from overseas and everything was done for me by my company. I have no idea about visas or that type of stuff.
>>>Where did that idea about “locally-not locally hired” come from? It’s entirely up to the sponsor to either give you a NOC letter or to refuse giving such letter.
I'm not talking about NOC, that isn't an issue. They WILL give an NOC, but they are also giving ONE DAY to find a new job! People hired from overseas are sent home, but if he came here on his own and is a "local hire", I thought the rules are different. Instead of preaching, maybe you should read the original post better.
By the way, your compassion is breathtaking. Instead of chastising me and my friend for our "idiocy", how about offering some useful advice?
The second part of my speech is about sending home “locally hired”. Where did that idea about “locally-not locally hired” come from? It’s entirely up to the sponsor to either give you a NOC letter or to refuse giving such letter. It has little to do with the place of hiring.
So when you will get your termination letter, just try your best to convince your sponsor to issue a NOC for you... and find another job..
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“You become responsible forever for what you have tamed”. Antoine de Saint-Exupéry
"What if he bought his own visa for QR 10k?" ??? and may i know what kind of visa did he buy for 10K?? visa on arrival costs QR 100. other tourist visas also cost much less than 10K.. so he "bought" some illegal visa...and if he did, he should not be only sent home, he should be heavily fined first, and then blacklisted...
since you are “westerner” you should know, and considering your age you should understand, that buying-selling visas is actually a crime…
... and you ask for the sympathy to the one who has violated the law?
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“You become responsible forever for what you have tamed”. Antoine de Saint-Exupéry