What means will this “no NOC required” law advantage employers?

In a historic move made by Qatar on 30 August 2020, ex-pats working in Qatar no longer need No Objection Certificate (NOC) from their current employer/sponsor. When they need to switch jobs (regardless of whether their work contract is still valid) or sponsorship. Prior to this historic move, under Qatar’s “kafala” (Arabic word for sponsorship) system, ex-pats in Qatar need to get their employers’ permission – NOC – before changing jobs.

Since this law was passed on Sunday, we have received many inquiries from ex-pats in Qatar with more information about the new NOC law. We have accumulated those inquiries towards from you and offered their answers below:

1. What exactly is the new law in Qatar with respect to the NOC?

When Law No. 18 of 2020 takes results, ex-pat/migrant workers can change jobs before the end of their agreement without first acquiring a NOC from their employer. This law, combined with the removal of exit to allow necessities earlier in the year, effectively destroys the “kafala” or sponsorship system.

Employees and employers will have the option to end contracts, regardless of whether fixed-term or open-ended, subject to a minimum notification period.

2. When will this new NOC law take results?

This comes quickly upon its distribution in the Official Gazette. Sadly, we don’t have a clue when that is destined to be and will update you when we have more information about this.

3. What is the Official Gazette of Qatar?

Law No. 1 of 1961 in Qatar established an Official Gazette for the Government of Qatar, in which all legislation is distributed after the effective information of its coming into force. The motivation behind the Official Gazette is to advise the overall public regarding the declaration of new legislation.

Each new legislation is typically made 30 days after its distribution in the Official Gazette. In case, such a period might be shortened or extended by an express arrangement in the new legislation, without partiality to former rules appropriate in the current legislation.

Every skilled authority, each in their respective jurisdiction, will implement any law that is passed with effect from the date of its distribution in the Official Gazette.

4. Without the NOC, what is the process for ending an agreement?

Either party must give one month written notification in the first two years of the agreement or two months’ notification past the second year of the agreement.

5. What if the employer/worker ends the agreement without earlier notification?

If the agreement is ended without proper notification, the party terminating is committed to pay the other party to pay equal to the basic wage of the employee for the notification period.

6. What are the advantages of removing the NOC?

The removal of the NOC requirement will increase the portability of talent within Qatar and give workers the opportunity to change jobs. This severs the contractual connections to their employer and will lead to increased job satisfaction.

7. What is the importance of this measure?

8. What means will this “no NOC required” law advantage employers?

The new laws will prompt:

Better job where managers can recruit workers with the correct skills to complete the tasks and past experience with Qatar.
A decrease in recruitment and bringing costs through local recruitment.
Increased job satisfaction leading to higher maintenance of workers.

9. Does this law apply only to the minimum wage earners?

This applies to everyone, the two Qataris and expats – anyone under company sponsorship.

10. Does this law apply to private companies?

Yes, this law applies to public sector workers and private-sector workers that are secured by the Qatar Labor Law No. 14 of 2004 and includes domestic workers, fishermen, agricultural and the grazing workers.

11. Which method of this law brings about more competition and innovation in Qatar?

The new law is setting a new standard for the region and makes Qatar a more attractive destination for talented and skilled workers.
This choice will drive greater competition in Qatar’s work market, pushing employers to attract and hold the best talent, who will support Qatar’s change to a diversified economy.
A diversified economy will attract further interest in the local economy and support an innovative environment.
The new decision adds to an effectively unique work market where employees can increase new skills.

12. What exactly will the new procedure be to change jobs in Qatar, when the law becomes effective?

To change your job, once the ‘No NOC required’ law becomes effective is as per the following:

1. The workers should inform his/her employer through the Ministry of Administrative Development, Labor and Social Affairs (MADLSA) through their electronic system:

The worker should allow a one-month notice if/she has been on the job for a long time or less.
The worker should allow a two-month notice if/she has been on the job for more than two years.

2. The laborer should express his/her aim to change jobs through MADLSA electronic system with the following documents:

MADLSA change-of-employer form.
Copy of the agreement signed with the former employer confirmed by MADLSA (or the employment offer without a copy of the agreement).
The new employer’s job offer is in Arabic and English.

3. The worker and the new employer should get an SMS from MADLSA confirming the request for sponsorship change and confirming the change in employment.

4. The new employer should start the electronic employment contract on MADLSA Digital Authentication System.

5. The new employer should print out the employment contract, discuss and sign it with the worker.

6. The new employer should upload a signed work contract on MADLSA Digital Authentication System, and pay the verification fee of QR 60.

7. When the work contract is verified, the new employer should present a request for a new Qatar ID to the Ministry of Interior.

Upon completion of this procedure, the worker will have the option to start the new job.
The worker should get his/her new Qatar ID and health care from the new employer.

13. If there is a ‘non-compete’ condition in the work contract, will the worker still get a NOC?

If there is a ‘non-compete’ condition in the work contract, the worker won’t have the option to change jobs within the same economic sector for a period of one year after leaving the job.

14. After the worker gives notice and gets the NOC, does the worker get any qualification from the employer?

Workers will be qualified for:

End-of-service benefits by the former employer (if they have been working with them for longer than a year).
Be paid for any due yearly leave
Collect the pay over the required funds during the notification period.

15. What occurs if the employer doesn’t satisfy the legal commitments?

If the employer fails to satisfy every legal commitment, the worker won’t be bound to observe a notification period to change jobs.

For more information,

Call the MADLSA hotline: 16008
Email MADLSA: info@adlsa.gov.qa
Visit the site: www.adlsa.gov.qa

For more information on the abolishment of the NOC in Qatar and the new minimum wage in Qatar, click on the following links:

NOC no longer required to change job, sponsor in Qatar
Questions and answers about the new minimum wage
Statement from MADLSA on new minimum wage law for workers and domestic workers