Ministry completes work on new job contracts system

The drafting of the executive regulations of the new law pertaining to the entry, exit and residency of expatriates in Qatar has been completed , according to local Arabic daily Al Sharq.

Read More: New sponsorship law to take effect from Dec

A report in the paper said the Ministry of Administrative Development, Labour and Social Affairs has finished all the necessary procedures regarding the new system of employment contracts, which will come in an electronic form.

Read More: Qatar Labor Law

Workers who are newly recruited from outside the country will have to sign these before taking up jobs in Qatar.

The executive regulations will interpret how to practically implement the stipulations of the new law. These will be accompanied by an awareness campaign through the social and local media to instruct people on their rights and duties in accordance with the new law.

Meanwhile, the daily said the ministry will test the new system of electronic contracts – during an experimental phase – in collaboration with the departments concerned to ensure its ability to meet the requirements.

On October 27, 2015, HH the Emir Sheikh Tamim bin Hamad al-Thani issued Law Number 21 of 2015 which abolishes the stipulations of Law Number 4 of 2009 regarding Regulation of the Expatriates Entry, Departure, Residence and Sponsorship.

When Law No. 21 of 2015 comes into force towards the end of this year, the current two-year ban on expatriates who want to come back to the country on a new work visa will no longer be applicable.

A foreign worker who has got a new contract to work in Qatar can come back even the next day, provided he has met the other requirements like visa, a top official of the Ministry of Interior had clarified.

Brigadier Mohamed Ahmed al-Atiq, assistant-director general of the Department of Border, Passport and Expatriates Affairs, had pointed out that the two-year ban on return of an expatriate worker was directly linked to the sponsorship (kafala) system.

Since the new law abolishes kafala, 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.

According to Article 26 of the new law, if a foreign worker 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.
Also, an expatriate worker repatriated upon a court verdict cannot come back unless he got the approval of the Minister of Interior.

According to the stipulations of the new law, the work contract will be the prime document that will determine the employee-employer relationship.

It will be the basis for litigation, rights and liabilities between the employer and the worker. The contract, which both must sign, has to be approved by the authorities concerned in the country. The duration mentioned in the contract shall be binding on both parties.

 

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