What should we do ?? Will we get Justice ??
(1) My husband working as Finance Manager in a pvt. firm since one and half years.
(2) We got our family visa in june 2011 and we ( me and my son) has joined my husband in Doha in June 2011; my son is studying in First std here in Doha.
(3)His salary has been blocked at bank by the employer and salary + allowances are not paid from October 2011 onwards.
(4)Day before yesterday the employer has asked my husband to leave the job without any reason and notice, where the dead line to work is on 30th November.
(5) My husbands RP is valid till next june 2012.
(6) My husband has requested the employer to give two months time for searching s new job which was denied saying that only NOC for returning back to work in Qatar will be provided & nothing else.that TOO only after signing the VISA CANCELLATION form.
(7)His PASSPORT is with the employer.
MY QUESTION IS ......
(1)WHETHER THE EMPLOYER CAN LEGALLY DO ANYTHING TO CANCEL MY HUSBAND's VISA WITHOUT OUR CONSENT ?????
(2)IN CASE I GET A WORK VISA WILL MY HUSBAND BE ABLE TO WORK UNDER MY SPONSORSHIP ???? DO WE NEED TO HAVE AN N.O.C FROM THE EXISTING EMPLOYER IN THIS CASE TOO..????
This is a typical case how it can go wrong. Once you end up in that situation you have no rights as an employee. The labour law in Qatar needs to be reviewed. If the country wants to be part of the global economy that it will need to do so.
If not, few Westerners will like to come and work here. Changing a job requires a no objection letter, even leaving the country requires an exit permit, etc... Once you run into a problem with your employer you become effectively a prisoner.
It might be a good idea to prepare to leave Qatar and move to f.e. UAE if you want to stay in the area. UAE is a few years ahead in this respect.
You can also seek some advice from the Western recruitment companies active since they know the practicalities in detail
this is most likely not what you want to hear....
Here is your answer:
- yes the employer can cancel husband's visa without your consent. If you think the termination of employement is in breach of his contract/ Qatari law then you can bring a case before the labour courts in Qatar. However, this may take several months, cost you money and remember, your husband's employer isn't going to be paying any salary etc which leaves you without any income if you are not working. Also no guarantee that your case will be successful.
- you can sponsor your husband if you get a job and earn over a certain amount (I think QAR 7000).
If this is really an injustice, the law will protect you and be fair to you.
But we cannot you give you that ouTcome here, since we don't know the details of your situation? It's not as simple as it appears.
All the best.
Jessy, it's not for you to decide whether you want to leave Doha or not. The way it's going, you may have to be prepared for that eventuality. Do you have a job right now? Is this company going to sponsor you with family? If your husband has to leave in less than a month, will this process get completed before he leaves?
What does your husbands contract state with respect to termination? You will have to approach a lawyer who can aid you in this current situation. Lawyers will be the best people to advice you.
Your husband appears to be in a high profile position, so it's not as simple as removing a fly from tea. the owner will not be careless to simply remove your husband from his position, without justification.
If this is really an injustice, the law will protect you and be fair to you.
But we cannot you give you that ouTcome here, since we don't know the details of your situation? It's not as simple as it appears.
All the best.
This is precisely the reason why I advised you to go and see the Human Rights Department for Ministry of Interior, tell them the whole story and they can help you not to leave Qatar if you have valid claims against your employer. You can go there on Sunday.
thanks to everybody who has attended my question,even though it was answered partially,but the fact that we do not want to leave Doha and the employer doesn't wanna give a reason for my husband's termination, what should we do??? Will we get justice???
He can also report the company for holding his passport. This is illegal.
If there's no fault from your husband's side, it looks like a case of wrongful termination. One thing you can do is go to Human Rights Department of the Ministry of Interior, they might be able to help you out for humanitarian reason since your whole family is already here, it is located near Dar Al Hamam Roundabout just close to Landmark.
Go through the Qatar Labor Law if you haven't already. This can be found on the following link...
http://portal.www.gov.qa/wps/wcm/connect/5f30f680423f8a149631df3cb857e4ca/Qatar+Labor+Law.pdf?MOD=AJPERES
I hope you'll find your answers. Article 49 appears to be relevant to you.
Even if your husband gets an NOC, he needs to take an exit before he could join a different employer. Which, unfortunately, means that you will have to accompany him along with your child since you and your child are under his sponsorship. I think without going into the legalities of what his current employer can or can't do, he should start looking for a job, ideally with a family status. If he has worked in Qatar for any length of time he'll get preference over those who are coming to Qatar for the first time. Once he finds a job with visa, he can leave and come back to his new employer. Of course your child's schooling may be jeopardized but if you are lucky enough and your husbands gets a family status as well, both of you can come back along with your husband and master junior can go back to the same school. The key is being +ve. Good Luck.