Mr. Abdullah Mubarak Al-Dossary, Director of Labor Relations Department at the Ministry of Administrative Development, Labor and Social Affairs, affirmed that there are a set of controls for changing the workplace in Qatar represented in commitment to risks, non-competition and compensation for training or qualification. He said in a special interview with Al-Sharq that the worker must abide not to move to a competing company that practices the same professional or commercial activity if this is agreed upon in the work contract, pointing out that the previous employer may request compensation from the new employer for any costs or amounts that have been made. Paying it to train or qualify the migrant worker based on the work contract.
Al-Dossary confirmed that if the worker leaves the country without being bound by the aforementioned provisions, he may not be granted a license to work in the state for a period of one year. In the context of his speech, he also stressed the importance of both the employer and the worker adhering to all the controls followed in the country to ensure the rights of both parties, highlighting the procedures that must be followed by the employer and the worker in a manner that guarantees the rights of the contractual relationship in accordance with the Qatari labor law. He pointed out that recent reforms in the labor law had led to a decrease in the number of complaints submitted by workers for violating the provisions of the labor law, in addition to a marked increase in companies ’commitment to the wage protection system.
Noting that the legislation that promotes freedom of movement in the labor market is one of the most important factors that attract competencies and high-quality workers, which will positively affect the increase in productivity and the strength of the economy, stressing the need for the new establishment to which the worker has moved to pay wages and not violate the labor law and the decisions implementing it, Stressing that the worker must abide by the notice period and not leave work until the legal period expires.He said that the work contract binds the two parties to the legal provisions and their implications, pointing out that the legal time limit for notifying the employer is 30 days if the worker’s service is two years or less, and 60 days if the service period exceeds two years, and Al-Dossary said that the worker can change the employer during the period Examination taking into account the notice period specified in the law, and the employer also has the right to terminate the contract during the probation period for the worker’s inefficiency, taking into account the notice period specified in the law referring to the national guarantees program, which aims to help companies affected by the difficulties of paying short-term payments within 3 months Which includes salaries and rental dues.
Controls for changing the employer
What are the controls that have been put in place to change the employer in Qatar?
Regarding the controls for changing the workplace applicable in the law are the obligation to notify, non-competition, compensation for training or qualification so that the worker submits his resignation and notifies the employer in writing regarding the desire to change the employer according to the periods specified in the law, and the worker must commit not to transfer to a competing company from the same Activity in the professional or commercial field if it was agreed upon in advance and was stipulated in the work contract, and the previous employer may request compensation from the new employer for any costs or sums spent to train or qualify the migrant worker based on the work contract, and if the worker left the country Without being bound by the aforementioned provisions, he may not be granted a license to work in the state for a period of one year.
Are there specific restrictions on the movement of workers between companies?
The law specifies the restrictions to ensure the rights of all parties when wanting to change the workplace, with the necessity of the new establishment to which the worker is transferred to pay wages and not violate the labor law and the decisions implementing it, and the worker must adhere to the notice period and not leave work until the legal period expires.
The rights of the business owner
Who preserves the right of the company that brought in, trained and rehabilitated the labor, then went to another party?
If the company recruited workers with training and qualification, the current employer is entitled to demand compensation from the owner of the new facility if the transfer occurred during the worker’s probation period, and the compensation is to recover the usage fees and the travel ticket with a condition that it does not exceed two basic salaries for the worker. In the event that the transfer is after the probation period and the employer has incurred training the worker by giving him a training course, he must prove this, or he must file a grievance with the Labor Relations Department at the Ministry and this agreement may be added to the work contract.
Mandatory work contract
Does the work contract obligate the worker not to move between agencies?
The work contract obliges the two parties to abide by the legal provisions, the implications of the contract, the rights and obligations stipulated in the contract, and in the contracts a clause that allows either party to terminate the contract provided that the notice period stipulated by the law is adhered to, and non-competition clauses and compensation can be added if the parties agree on that.
Freedom to move
Is the movement of labor in Qatar now affecting the stability of the labor market?
In fact, the recent amendments do not affect the stability of the labor market, on the contrary, the new mechanism gives the worker freedom to move within the Qatari labor market according to the above-mentioned controls and it will contribute greatly to preserving competencies, as the other alternative is the employee’s resignation and his departure from the country. It also gives employers the choice of employment within the country to enhance their commercial activities.
Whereas, legislation that promotes freedom of movement in the labor market is one of the most important factors attracting competencies and high-quality workers, which will positively affect the increase in productivity and the strength of the economy. Note that the worker’s transfer from one establishment to another passes through several stages that take a period of time that ensures stability for the employer, and guarantees for him the possibility of finding an efficient alternative that meets the needs of the work, as the notice period ranges from one month to two months according to the work contract, in addition to that the transfer procedures since the worker’s introduction The request takes a time ranging from one to two weeks, and the worker is obligated to stay with the employer until he is released by handing over all the material covenant and papers that have been placed under his hand. As a result of the recent reforms in the law, the number of complaints submitted by workers for contravening provisions of the Labor Law has decreased, in addition to a significant increase in companies ’commitment to the wage protection system.
Legal time limit for notification
What is the legal time limit for notifying an employer?
The legal time limit for notifying the employer ranges from 30 days if the worker’s service is two years or less, and 60 days if the service period exceeds two years. The notice period may be extended if the two parties agree on that, and we would like to clarify that the first text message that reaches the employer is a notification of the worker’s request to change the employer and not approval, and then the employer can communicate with the worker or the ministry in case he has any claims.
Change during the probationary period
Can the worker change the employer during the probationary period?
The worker can change the employer during the probation period, taking into account the notice period specified in the law, and the employer also has the right to terminate the contract during the probation period for the worker’s inefficiency, taking into account the notice period specified in the law.
Termination of the work contract
Is the employer permissible to terminate the worker’s contract immediately from Without notice notice?
The employer may terminate the contractual relationship between the two parties immediately without completing the notification period, provided that the amount of the notification period specified in the contract is paid. The employer may also not pay the notice period amount in the event that the worker refuses to complete the notice period specified in the contract.
The National Guarantees Program
What are the measures taken by the Ministry at the beginning of the Covid-19 crisis, and how are some issues settled with the worker and the employer?
In this context, the Ministry worked in coordination with various authorities in the country to ensure the rights of the worker and the employer, and this matter was represented in the National Guarantees Program, which aims to help companies affected by the difficulties of paying short-term payments within 3 months, which include salaries and rental dues.
The Ministry also assumed the role of achieving health and social support for workers affected by this crisis by receiving the necessary treatment and care, continuing to receive wages and obtaining the right to sick leave, while providing housing and food. Regarding the common question about terminating workers’ contracts due to Corona’s circumstances, employers have the right to terminate work contracts, but after referring to the provisions of the Labor Law and the terms of the contract, including the notice period, payment of all outstanding dues and the price of a return ticket to the country of origin.
