People who feel like they are struck in their job but not sure and confident enough to really know what exactly they can do or from where to start can now go through the below points and can make a choice.
Qatar’s new sponsorship law is going to be implemented from 13 December 2016, that will remove the automatic two-year ban on the foreign workers and enables them to look for new options in the market as per their choice.
Expats who are planning to change their job after 13 December have various options as below
1.) Expats no longer needs exit permits to leave qatar, as law no. 21 is replaced with a modernised contract based system. However, workers need to inform the authorities 3 days in advance.
2.) Employees dont need to sign new contract as per the new law.
3.) option to change job will depend on 2 factors- if the contract is fixed term or open ended, secondly service period age.
4.) New law states service period to be calculated from the day employees started working.
5.) This incorporates all days of employment accumulated before Law no. 21 is implemented.
Scenario 1
Employee completed fixed term contract period
Expats who have completed their fixed term contracts dont need approval from their employer for job change.
However, approval from MADLSA will br required and a written notice to employer is needed, the notice duration depends on the terms and conditions of the contract.
Scenario 2
Employee have not completed fixed term contract
Free switch of jobs is not available to employees who have not completed their fixed term contract, they need permission from existing employer, in case the employer didnt provide NOC, expat needs to stay out of Qatar till the contract expires. After the contract term is expired expat can come back to Qatar and can work for other company with the permission of MADLSA.
However, if the expat can prove he was mistreated by the employer, law enables them the right to demand transfer employment.
Scenario 3
5-years service done under open-ended contact
These Expats dont need approval from their employer for job change, only permission from MADLSA is required. Again the notice period need to be served after notifying the employer.
Scenario 4
Not completed 5 year service under open-ended contract
These Expats can not immediately change the job, permission from current employer is needed, in case the employer does not give NOC, expat needs to stay out of Qatar till the 5-year contract expires, later after expiration of the contract term, expats can return to Qatar and can join another employer with the approval from MADLSA.
Again the expat are given the right by the law to demand new employment if they can prove that they are mistreated by their current employer.
Other points of new law
1.) Prospective expats can see their job contact copy before leaving for their home country as obtaining a work permit needs MADLSA permission.
2.) Expats who leave Qatar and their employment and residency permits are terminated can return back to Qatar for new job immediately after receiving a new visa.
3.) Point 2 is not applicable for employees who are found guilty of misconduct with their old employer, moreover they face a ban of 4 years.
4.) Workers with fake passports can be fined up to QR25,000.
5.) In case workers completed their contract term and have a new job in hand, they can immediately return back.
6.) In case no new job contract in hand, expats needs to leave Qatar within a week of their residence permit termination.
