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Curtains come down on Kafala system, new Labour Law takes effect today

Curtains come down on Kafala system, new Labour Law takes effect today

By QLNews

The dreaded Kafala (sponsorship) system, which used to send a shiver down workers’ spines in Qatar, has ended.

A new Labour Law regulating the entry, exit and residency of expatriate workers has come into effect, starting today.

Law No. 21 of 2015 replaces the Kafala system with a modernised contract-based system that provides greater flexibility, freedom and protection to all workers in Qatar.

Under new rules, expatriate workers will no longer need ‘No-objection certificates’ from their employers to change jobs if they complete the fixed-term job contracts, reported Qatar Tribune. Those with open-ended contracts can change jobs without permission from their existing employers after putting in five years of service.

However, moving to a new job requires approval from the Ministry of Administrative Development Labour and Social Affairs, and the new job must be in the same field.

Expats can permanently leave the country before or after completing the contract, provided they notify the employer in advance.

In case the employer rejects a leave request, workers can appeal to the Exit Permit Grievances Committee, which will respond within three days.

“Qatar is grateful to the millions of workers who’ve come to build our nation's infrastructure. The new law is the latest step towards improving and protecting the rights of every expat worker in the country,” said Minister of Administrative Development, Labour and Social Affairs HE Dr Issa bin Saad Al Jafali Al Nuaimi.

“We welcome any comment or constructive criticism, and will continue to do so in the future. However, we urge the international community not to draw any definitive conclusions until there has been time to see the new law in action,” he added. 

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By britexpat• 2 years 5 months ago.
britexpat

It is not a cure for all the problems and issues

By nilu_22• 2 years 5 months ago.
nilu_22

Complete diplomatic game! Ha Ha!!!

By abhisheksharma1990• 2 years 5 months ago.
abhisheksharma1990

Still in a real fix those who cancelled before 13 December can come if they have offer letter .

By hamzah1234• 2 years 5 months ago.
hamzah1234

Is this the real thing? anybody have the full version unedited from the government? so many websites different version.

By dohaplanner• 2 years 5 months ago.
dohaplanner

All i see is a nomenclature change, Sponsor will now be called Employer, yet ....same old wine in new bottle.................

By britexpat• 2 years 5 months ago.
britexpat

Kashif: Your comment sums it all up sadly. How can we advise on such things - this is the role of the Human Rights Commission and government bodies

By kashif_au• 2 years 5 months ago.
kashif_au

Hi all, its really better thing. I ve a NOC , release verification done by both companies but not yet completed one year in the current company due to no salary since 5 months , I put complain in Qatar Human Rights so that company given me NOC/release, but now last step, I know I not yet completed one year but its genuine case since I have bank loan in Qatar and Human Rights support, shall MOI can easily convert my sponsor/contract. I need firm reply on it, Human rights said you can try but since today new rule is started. Please advice?

By jahanylm• 2 years 5 months ago.
jahanylm

if we go cancel without finishing our contract period ,can we come again to Qatar?

By keeppurathu• 2 years 5 months ago.
keeppurathu

After the new expatriates law comes into force on December 13, foreign workers will have new options to change jobs and apply for exit permits, a government communique issued yesterday said.

Law No 21 of 2015 that deals with the entry, exit, and residency of expats abolishes Qatar’s existing Kafala (sponsorship) system, replacing it with a modernised, contract-based system.

A salient feature of the new law is that all prospective expatriate workers will be able to see a copy of their job contract, prior to leaving their country of origin, as obtaining a work visa will now require a job contract approved by the Ministry of Administrative Development, Labour & Social Affairs (MADLSA). Expats will no longer need approval from their existing employer to change jobs if they complete the length of a fixed-term contract.

Individuals in open-ended contracts will also be able to change jobs without their existing employer’s permission, provided they complete a five-year service period.

However, it is required that expats in fixed-contracts provide written notice to their employer before the contract expires, advising their employer of their intention to change jobs at the end of their contract.

The duration to notify the employer will depend on the terms and conditions in the contract signed by each employee.

Expats who have open-ended contracts also have to provide a written notice to their employer prior to changing job.

All foreign workers who wish to change jobs will also need to get the approval of the MADLSA prior to taking up their new employment.

Under the new law, service periods are calculated from the day that the employee started working for their employer.

This includes all days of employment accumulated prior to the implementation of Law No 21 of 2015.

In cases where a worker wishes to change job prior to completing the length of their contract, they will need to seek permission from their existing employer.

However, in cases where the worker can demonstrate they have been exploited or mistreated by their employer, the law gives them the right to demand to transfer employment.

Expatriates who leave Qatar and have had their employment and Residency Permit terminated, will be able to return to Qatar to take up new 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.

If necessary, MADLSA may allow expatriates up to three months to find a new job.

When the worker has found a new job, he will be required to return to the ministry and present the new employment contract.

Expatriates who do not find work within this period must leave Qatar.

Employers found to have confiscated passports can be fined up to QR25,000 per worker.

When enacted, this will be the toughest financial penalty against passport confiscation within the region

Above came in Gulf times on 2nd December. Seems good for employees. But we cannot assure until it published officially for public.

By Stha_man• 2 years 5 months ago.
Stha_man

"In case the employer rejects a leave request, workers can appeal to the Exit Permit Grievances Committee, which will respond within three days."

Will expatriate workers receive all their dues salary if they take this steps?

By hantar17• 2 years 5 months ago.
hantar17

it's more complicated now, the employers as usual will find ways to benefit the maximum from this rules

By britexpat• 2 years 5 months ago.
britexpat

@mongrel: It seems that they don't want to clarify

By nabilnabulsi• 2 years 5 months ago.
nabilnabulsi

nothing really changed, the only change is that changed is that the government controls every ting now. you still need NOC to change your job if you didn't finish your contract, but unlike before now the government is the one who is gonna decide if you actually can.....

the Kafala is no more, but we still need exit permits,,, not from your employers but from the government.

so i can hardly see how these changes benefit us in any way... if anything it complicates things even more..

By mongrel76• 2 years 5 months ago.
mongrel76

@britexpat Been waiting for the answer to that question with bated breath for months now, still no clarity....

By mongrel76• 2 years 5 months ago.
mongrel76

@britexpat Been waiting for the answer to that question with bated breath for months now, still no clarity....

By yendortais• 2 years 5 months ago.
yendortais

how about those worker/staff resign under probation period?

By shareedahmd• 2 years 5 months ago.
shareedahmd

Planning to travel on Thursday. How can I submit exit application ???. I checked in Gov.qa site and MOI site, Exit link removed

By britexpat• 2 years 5 months ago.
britexpat

One question which is asked again and again on QL still needs to be answered- Can those currently serving a two year ban now come back to the country immediately if offered a job

By mjmfasri• 2 years 5 months ago.
mjmfasri

Nothing changed, Previous rules better than this. because before 2 years ban, but not based on contract if it's 5 years means, it will ban for 5 years to change the employer.

Please explain, my current contract 5 years, but i completed 3 and 1/2 years of contact. also, i had now every one need to sing the new contract, that means can the previous contract will be cancelled or not? can i join with another employer with new contract?. Plz advice.

By nabeelnaveed• 2 years 5 months ago.
nabeelnaveed

Thank you and its a pleasant change.

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