Mohamed Hassan Al-Obaidly, Assistant Undersecretary for Labor Affairs at the Ministry of Administrative Development, Labor and Social Affairs said that the amendments to the Labor Law that allow a worker to change the workplace include conditions and controls, and in the event that they are not met, the request to change the workplace will be rejected.
Al-Obaidly explained – in an interview with the Qatar News Agency – that there are 5 conditions and controls for changing the employer:
– The presence of a worker visa of the same nationality with the new company
– The commitment of the new company to the provisions of the Labor Law
– Attaching the resignation and approval of the new company
– The commitment to the notice period of two months or one month According to the contract period
– (competition), that is, the business owner has the right to object in the event of moving to a competing company.
In details, Al-Obaidli said that one of the controls and conditions for transfer is that the new company to which the worker will move must have approval for a worker visa of the same nationality.
He added: It is also one of the conditions that the new company is committed to the provisions of the Labor Law, and an existing company already has projects and businesses and is not a shell company. The worker is also required, before submitting the transfer request, to attach the resignation that he submitted to the employer and the new company’s approval of his transfer through signature and the presence of the stamp on the demand.
The Assistant Undersecretary for Labor Affairs at the Ministry of Administrative Development explained that the worker must adhere to the notification controls, which is that if he works for a period of more than two years for the current employer, the notice period is two months, but if he works less than two years, the notification period is one month.
He stressed that in the event that these controls are violated, they will be rejected, stressing that relocation requests have already been rejected for violating the conditions and controls mentioned in the provisions of the law.
He explained that if the worker submits a request to change the employer, he will receive at the same time a notification letter stating that his request is still under study and he must remain in the company until the study of the request is completed by the ministry, without neglecting the existence of a security check process before moving to a new workplace.
Objections of the employer
and Mr. Muhammad Hassan Al-Obaidly affirmed that the employer has the right to object if the worker moves to a competing company, and also the current employer has the right to ask the new employer for any fees or costs incurred in training and qualifying the worker, and these matters must be stipulated in the contract Work is to ensure the right of the employer, and there is also a notice period that must be observed by the worker before moving to the new employer. “
On the costs that the employer incurs in order to qualify and train the worker, and how to guarantee his right to compensate those costs in the event of the worker’s transfer according to the recent amendments, Al-Obaidli explained that the employer can attach an appendix to the employment contract with the contract that includes the terms and conditions agreed upon by the employer with the worker and signed by both parties The contract is certified by the ministry in a way that does not violate the law and a copy is placed with the ministry, confirming that by following this step the employer can protect his rights and obtain compensation from the new employer for fees or expenses incurred to qualify and train the worker, if he moves to a new workplace . He has the right to claim compensation also if it is not stipulated in the employment contract, but through civil cases and claims in the courts.
In addition, the employer has the right to inquire about the application submitted by the worker in order to express his comments and inquiries on it through the e-mail or the ministry’s hotline.
With regard to the categories that will be included in the aforementioned amendments to the Labor Law, the Assistant Undersecretary for Labor Affairs at the Ministry of Administrative Development, Labor and Social Affairs indicated that the law includes all workers in the private sector, both citizens and residents, pointing out that all workers in this sector can benefit Of modifications.