How to change Jobs?
The new Law No 21 of 2015 regulating the entry, exit and residency of expatriates has stipulated some very crucial provisions for the expatriate workers in Qatar.
One of the first provisions of the law is that the service periods of an expatriate worker will be calculated from the day he/she started working for their employer, including the days of employment prior to the implementation of the law, as announced by Ministry of Administrative Development, Labour and Social Affairs.
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.
1. If you have fixed contract?
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.
2. Not completed contract yet ?
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.
3. Do you have unlimited contracts?
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.
4. You have not completed unlimited contracts ?
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.
Expats who are planning to change their job 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.
