During its last session before summer recess, Qatar’s Advisory (Shura) Council has signed off on changes to the country’s kafala sponsorship law, and has reportedly included proposals for change that, if adopted, would actually tighten regulations on expats.
Despite expressing dissatisfaction last month with some of the changes, members of the council unanimously approved the new draft this week, which would update the current Law No. 4 of 2009 Regarding Regulation of the Expatriates Entry, Departure, Residence and Sponsorship.
After a month of scrutiny of the proposed changes by a committee, the 30 Qatari members who make up the Advisory Council also put together their own list of amendments for the existing draft law.
These are only recommendations and are considered part of the consultation process before the final version of the new law is produced.
The most significant proposal suggested making it harder for expats to change jobs.
Currently, foreigners working in Qatar can only switch employers if they have their sponsor’s permission. But the government is considering amending the law to allow them to change jobs after their contract is finished, or after five years if they have an open contract.
Double contract time
However, the Shura Council has recommended that the employee should serve double his contract time, or 10 years if they are on an open contract, before they are eligible to switch employers, according to local media reports.
“The employer, designated authority and MOLSA may allow the expat to change jobs and work for another employer before their contract ends, An expat is not allowed to transfer jobs to a different employer except after working for double the period specified in their contracts, or after or 10 years for an open contract. This is after receiving the approval of the designated authority and the Ministry of Labor and Social Affairs,” Al Raya reports.
The current version of the draft law has 50 Articles in 10 separate chapters, and some sections of it were revealed in local media last month.
At that time, the proposed requirement for serving double the contract time was only specified as a penalty for workers who deliberately create problems for their employer and failed to comply with their contracts.
However, reports of the council’s latest proposals do not mention limiting that provision to troublesome workers.
The Shura council has also recommended that a worker should not change jobs more than twice after service to their first employer.
Another key change the council has requested is to Article 7 of the draft law, which currently states that an expat should contact the Ministry of Interior three days before leaving the country to obtain an exit permit.
The council suggested the worker first ask his employer for leave. If he is denied an exit permit, then he could approach a grievance committee set up by the MOI. This committee could issue exit permits in case of emergencies, the proposal stated.
During the consultation stage, the council also proposed that the new legislation:
- Underline the right of employers to return workers hired under fixed-term contracts to their home countries once a project is completed; and
- Require employers to educate new foreign workers about Qatari laws and customs.
As an advisory body, the council can study proposed legislation and make a list of recommendations for change, which it then submits back to Qatar’s Cabinet.
The drafts are also discussed with relevant ministries and ministers who will be responsible for implementing it, before a final law is drawn up.
Slow progress
The Shura Council’s nod to the draft law signals one step forward in terms of kafala reform, and follows a government statement issued at the end of June that said a final draft of the new law would be ready by year-end.
Since being awarded the 2022 World Cup, Qatar has come under intense scrutiny for its treatment of workers and the provisions of the kafala system.
Although promises for reform were first made in May last year, very little in the way of actual change has happened.
Qatar’s Ministry of Labor and Social Affairs (MOLSA), which is responsible for expat workers in the country, suggested that putting the law into practice still may not happen quickly.
Addressing employer concerns that the draft law would lead to an increase in wages, a MOLSA official is quoted in Al Raya as saying this would not be the case in part because the law would not be implemented immediately after it is issued, to give employers the opportunity to sort out their issues and hire new employees.
The council chairman, Mohammed bin Mubarak Al Khulaifi, previously said that it would take a year to implement the law after it was published in the official gazette.
Thoughts?
Cue : Kafala/Qatar bashers! Grabs popcorn! 😀
I don’t think they’re needed. This one kind of speaks for itself.
Haha! You’ve got a true point there! The Shura Council just shot themselves in the proverbial foot with a gold-plated double-barelled shotgun!
10 years in case of open contract ?? Are you kidding ?? Even marriages don’t last that long these days..
Good one :)))
lol…
and neither do live in partners around Najma and Mansoura
How does it feel Expats after waiting for 4 years? 😀
What are you on about?
so basically ALL workers are troublesome until they can prove otherwise. I love these guys!
Same kafala, different day.
It’s entirely up to the Council to decide what they will and I totally respect their decision. But it just means that the talented people needed to secure and build Qatar’s future will move out of Qatar.
Same old wine in new ugly bottles!
What these Shura people fail to understand is that by preventing expats from changing jobs, they make it harder and more expensive for companies to hire people. This eliminates to a large extent the local hire scheme which is very useful for most companies as it saves them the cost of bringing someone from abroad. It also limits the pool of talent to choose from and force companies to ignore people with Qatari experience (because they are not allowed to switch jobs) and accept to hire those without Qatari experience and train them. This Shura plan shows how these people are completely ignorant of Qatar’s needs and lack any political and economic vision for their country.
Don’t forget that it also turns a large number of expats off the idea of even coming to Qatar, when they could do a similar job in other countries but with fewer restrictions. Once you start discouraging people from entering the workforce in Qatar, it means those willing to come can command higher wages.
That’s a very good point Andrew. I’ve often been in competition with companies in Dubai for highly skilled talent. Our labour market needs to be seen as at least as flexible/inflexible as Dubai/Abu Dhabi and to a lesser extent Bahrain/Kuwait/Saudi. Outside the region we’re competing for talent with some very rapidly growing economies in Southeast Asia too. As you say, ironically this move could cost Qatari companies more for great people as candidates will bargain that coming to Qatar is a handcuffed deal and demand compensation for that.
Speaking as someone working in recruitment, we see it all the time. There is a whole class of expat out there who simply won’t entertain working in Doha. They will happily work in Dubai, but have read horror stories about NOCs and exit permits and so flatly refuse to work here. Considering these same people will work in Dubai, Abu Dhabi or Bahrain it cannot be said that they are afraid of the region, or the culture, or environment; they are simply scared of being stuck in Qatar unable to get an exit permit, and unable to change jobs to work for a better employee.
However I don’t think that this will result in manpower costs rising substantially – rather than increasing wages to attract a certain calibre of talent, a lot of companies will just be forced financially to settle for whoever they can afford, whether or not they meet the desired standard for the role.
Expect Amazing isn’t going to become a reality if we’re forced to Accept Average.
I think you’re missing the whole point . This place will never ever be able to attract the top level talent needed . The real talent will go to Dubai / HK / Singapore / KL and some not even bother and will take positions at home.
Expect amazing was designed by someone who’d never set foot here never mind the Industrial Area. Qatari’s want cheap and lots of it and that includes manpower . Ive worked i every GCC state over a period of 25 years and never seen such a disregard to labour / law as i do here. Doha is 20years behind the UAE never mind the rest of the world .
And when I’ve left this place you can add me to the list. I agree about firms probably settling for what they can afford though, but given that so many jobs here are dumbed down that doesn’t represent a massive problem.
Wrong! High paying jobs and elite roles are treated way differently and sometimes their contract explicitly negates the noc barrier and travelling permission.
As in everything in Qatar laws are bent on a case by case. The kafala is only there to put rules on migrants for construction. Why? To pay them as little as possible and make them get stuck in the country so that projects finish on time. Remember these people do not even get adequate training and why so?! Even if 20% die or gets injured, the low wages will not introduce and expense fluctuations. Remember 100 migrants get paid less than a director from UK or USA.
Reform is improvement, this is not! #EpicFail
“The proposed requirement for serving double the contract time was only specified as a penalty for workers who deliberately create problems for their employer”. Bravo !! he’s been creating problems for 5 years; so lets hire him for another 5 years. Stand-up comedy.
“Addressing employer concerns that the draft law would lead to an increase in wages”. This pretty much sums up all these keywords; ” 90% sure this year end, next year beginning, coming soon, hopefully very soon, a step forward” bla bla bla
Well said
Give with the right hand take with the left … You couldn’t make it up, but wait ….. we don’t need to, we live in Qatar !
How will this affect multi exit permits?
What about those with unlimited exit permits? Anything change for them? I travel a lot for work, many times on short notice. Having to apply to the government, or even to my work, every time would be a huge headache and waste of everyone’s time/resources.
That would be a whole bunch of people who would be leaving. Who’s going to put up with that every time?
Agreed. Not worth the hassle. Let’s hope for the best! ……..
Qatar, Its really not that difficult. Any of my staff are able to leave with an NOC anytime they want provided they don’t owe the company money and have not cheated the company. I do not pay the best wages and guess what?? I lose next to no staff, 1 or 2 a year over 50 people………. If you look after your staff its not all about money.
There’s a typo in the title: you forgot the word “not”
I am a big supporter and defender of this country and I work hard to promote a positive perception of Qatar internationally. However, sometimes decisions are made which are so counter productive that they could actually be classified as self-sabotage. A vibrant, open labour market is good for the country, especially one that is growing. It encourages employees to perform as they know they can easily be replaced from within the local market and it encourages employers to offer a good working environment…which further enhances productivity. The only people a frozen labour market is good for are bad employees and terrible companies. In my previous business we grew from 2 to 75 highly skilled employees in 18 months. The struggle and cost to bring in international talent for almost every single role because of the difficulties hiring locally was the biggest burden and restrictor of growth for the business. This is an awful step backwards.
S L A V E R Y – is the ONLY word that this law is about.
I’m hopeless and done with these changes. Better not to amend the current Labor Law.
SLAVERY in the 21st century indeed!
I fully agree with u. Its better not to amend. Its a mere eyewash.
What’s curious is why so many people, including well educated professionals, choose to live under slavery. Even when they leave the country for vacation, they come back? So weird 😉
You are clearly a perceptive man Abdulrahman, and your smiley hints at you having a humorous poke. However, most people, with a couple of decades of work experience, will have a worst job, and best job, I ever had, story?
People come back from vacation, because it is a job, nothing more, nothing less.
Will my job in Qatar be the ‘worst’ job I ever had – No!
Will my job in Qatar be the ‘best’ job I ever had – No!
It’s just another job, until the next one comes around.
Let me tell you a story, Abdulrahman.
I am a Bangladeshi by origin. As you might already know, we are a developing nation with a large percentage of the population living in rural areas. My father comes from such a background. In the early 70s my grandfather passed away and left my father to care for his 7 brothers and sisters. He sold whatever land and jewelry he could to make sure all of his siblings had food on their plates. In 1981, he was presented with a job offer at Qatar Electricity & Water company. Considering his financial situation, he accepted the offer, even though it meant he had to stay away from his family. In the 35 years since then, he has been able to give his family a place to live, been able to afford decent weddings for my aunts, and even pay for the treatment for my uncle who passed away from cancer. He did all of this with a salary of less than 5 thousand riyals.
So, you see AbdulRahman, my father had a very good reason to keep coming back to Qatar after every vacation. But you know what’s even more strange? After meeting all his financial obligations towards his family, he still preferred to live in Qatar. Why? Because he liked the fact that there are mosques everywhere in this country. He liked the fact that he can spend time from Asr till Maghrib in the mosque to recite the Quran. He liked meeting our lovely Qatari neighbours when they went to prayers together. Even though he had no further obligation, he liked to stay here for the chance of living comfortably and practicing Islam at the same time.
But my father is not here in Qatar anymore. As soon as he retired and his work permit expired, he had to leave the country. All his 35 years of service didn’t earn him the right to stay here a day longer. His son works in Qatar and is perfectly able to provide for his parents. But no, even though my father could sponsor me as a child, I cannot do the same for him as an adult. So, at the end, I had to say good-bye to him as he left Qatar with a heavy heart.
Okay, can I just say that I wan’t arguing that the laws governing migrant workers here are fair or good? My whole point was people who call it slavery don’t seem to really know what slavery is.
I’m very familiar with your father’s story, as I know many good people who share more or less the same story. It’s tragic and wrong. Just wrong. Your father and people like him have earned the right to at least live the rest of their lives here, if not as citizens then at least as permanent residents. God knows he probably did more to help build Qatar than some of the people in Al Shora Council.
Years from now, people will look back and ask what were those in power thinking? How could they treat their fellow human beings who helped them build the country this way.
“My whole point was people who call it slavery don’t seem to really know what slavery is.”
So what is slavery Abdulrahman?
You seem to know it all and this is typical and expected from someone like you. What is slavery?
Putting 10 people in one room and making them share rotten facilities and confiscating their passports and forcing them to work extreme hours for a wage that an average teen local uses on a one dinner meal at a 5 star hotel AND not allowing them to change jobs or even ask for a raise… AND not allowing them to enter even malls or mix with the elite even on their day off?
What is slavery Abdulrahman?
I mean are you for real man? Do you really believe what you write and say?
As general rule of thumb, it’s best not use lines like, “typical and expected from someone like you”. It implies that your criticizing and attacking the person rather than their position or view. I could just the same say it’s typical of view to downplay issues back home while putting similar ones in Qatar under the microscope.
As for Slavery, you’re more than welcome to look it up on your own and educate yourself on the matter.
Don’t circumvent Abdulrahman, answer it by yourself!
Answer what?
I know many who leave and don’t come back. For some–it might be because of many obligations at home. For people who have secured income, available health care and can be taken care few by their government it will be difficult to understand why people who moan come back–empathy is needed.
I have plenty of empathy for people stuck in bad job because of outdated laws.
I’m simply pointing out that, for example, the people that were enslaved from West Africa and shipped to the Americas had no choice in the matter. Nor did they have the option not to renew their contracts or just quite their job and go home.
If you’re referring to Qataris when you say, “people who have secured income, etc.” then you’re just as ignorant as those you accuse of having no empathy!
Thank you for your kind words to me. I can see how much empathy you have. I have not accused anyone of not having empathy–i said it is difficult for people who are secure to understand and empathy is need.
The Shoura council unfortunately tend to be very conservative in their views. Their attitude toward expats is similar that of white conservative in the U.S toward Mexican immigrants.
I honestly wouldn’t pay much attention to what they say as they are only an advisory consul, and their views tend to be ignored by the government. They objected to the new traffic laws back in 2008-2009, and the government just ignored them.
“Their attitude toward expats is similar that of white conservative in the U.S toward Mexican immigrants.”
Have you been to the US son? Even illegal mexicans have more human and social rights than legal Asians in Qatar. You need to stop your nonsense sir, with all due respect to you and your views. No country on earth treats its legally working migrant workers like how Qatar does and you know it. If you don’t, then it is a bigger problem by itself.
Dear me, looks like my mere mention of a hot button issue, for partial comparison only, has caused someone a massive butthurt reaction. Well, since you asked….
Yes, dear, I have been to the U.S.
Correct me if I’m wrong, but isn’t the correct term for such people “undocumented immigrants” rather than “illegal”? Your usage of the word illegal rather than undocumented says it all.
Also, isn’t there a group of white men who are private citizens who patrol the U.S. Mexican border and arrest and shoot these immigrants? The Minute Men is what they call themselves I believe.
Didn’t Arizona and a few other states pass laws in recent years so that the police will stop anyone they suspect of being an undocumented immigrant, ask for a valid ID, and should the person fail to provide ID (U.S. law doesn’t require people to have such IDs) the person can be arrested until they prove they are either a U.S. citizen or are in the U.S. “legally”?
I take it you aren’t aware of the recent comments made by Mr. Donald Trump, who happens to be one of the Republican hopefuls for the next U.S. presidential election? The GOP for its part didn’t seem upset at all with Mr. Trump comments about how. In fact, many conservatives have come to Trump’s defense ever since he opened his presidential campaign by accusing Mexico of sending rapists and criminals to the US.
And that dear, completes your order.
No, you are wrong. Illegal as in trespassing illegally into the country. Sort of like someone who lives in Asia, trespassing into Qatar underwater or by land, without having a visa to enter. This is Illegal in every country on earth sir. “Undocumented entry = Illegal”.. no separation of terms at all.
Donald Trump? Really? Who does he represent besides his own? Do you really think his comments will lead him into presidency? Maybe you should check on how much business he lost since he made his comments, who by the way, were directed at “illegal trespassers”.
Plus, statistically speaking, any person that tresspasses into another country illegally, has more chances to break the law again because they already broke it to enter the country. Am I wrong to assume that?
Police anywhere on earth can stop anyone if they suspect that this someone has done something wrong. Is this right thing to do? I don’t know. Does Qatar do that same thing with their non-police dressed locals who could even be normal civilians? Yes they do and I have seen it.
Besides that nonsense you always write, how do you expect someone to even take you seriously when you put words like “butthurt”.. what are you 14? …
Again, with all due respect..
With all due respect, Sir, isn’t you’re saying that undocumented immigrants “person that tresspasses into another country illegally, has more chances to break the law again because they already broke it to enter the country.” just a milder version of what Trump said?
Correct me if I’m wrong, but aren’t those immigrants the ones who work your fields, and do other jobs that most Americans wouldn’t do? They’re cheaper too. Rather similar to the laborers we have here in that area.
As for the police stopping people, when they stop someone just for looking “Mexican” and ask for ID, is that what you call reasonable? They never seem to stop anyone White, that’s for sure!
As for which term to use, you can read the following article and it should explain the difference between the two terms. http://civilliberty.about.com/od/immigrantsrights/qt/illegal_undoc.htm
One last point, dear Sir; I made the comparison between the attitude of Al Shoura and the GOP toward poor immigrants from other countries just to make it easier for readers here to understand the mind set of Al Shoura. There was really no reason for you to assume that I was putting down the U.S.
Again you are not getting the point here. Shoura’s mindset is against “poor” migrants. GOP mindset is against migrants who broke the state/federal law and trespassed illegally. It is not even oranges to apples..it is more like oranges to chairs.
Choura is delaying a process that is meant to treat people like human beings. GOP is negotiating what should happen to people who illegally enter the country. I would be very surprised if you argue this any further. But again, i would not.
They just seem to go about fooling themselves and wasting their own time which they have so much of at their office
”The council chairman, Mohammed bin Mubarak Al Khulaifi, previously said that it would take a year to implement the law after it was published in the official gazette.”
If these are the changes you propose, please take your time. We are in no hurry.
I’m just confused. So previously, expats needed to have an NOC to change sponsorship from an employer to another employer.
Now you need to finish your fixed term contract and/or finish off 5/10 years of an open ended one before you can switch jobs? Does that make NOC’s obsolete?
Hideous. Shameful. Can’t believe the ignorance of some of these people (30 man council).
Be a good employer and people won’t move. Selfish. Ignorant.
Actually only 29 of he 30 deserve your condemnation. There was a sole voice of dissent, apparently:
Only one of the members had reservations about Article No. 21 regulating the transfer of employment, arguing that by ‘monopolising’ the skills and talent of employees, expats end up working in other neighbouring countries and Qatar misses the opportunity to utilise such talent and skills.
“Five years is enough to keep an employee after which they should be given the opportunity to either negotiate a better remuneration or transfer to another employer and get remunerated for their skills, thereby further contributing to our country’s output,” the member pointed out.
“This is the labour system the world over. The current recommendations won’t help us utilise the services of skilled workers and talented employees. The only solution is to let skills find those who appreciate their worth,” he noted.
A brave man indeed to stand up and be counted.
I’m now talking off the cuff, and probably falling into a generalisation, but i wonder how many of the 29 members were sheep following the opinion of the “alpha” wolf? I hope the council were of sufficient status to be able to have an opinion of their own and weren’t worried of becoming social pariahs if they had a different opinion. Actually, i hope they were sheep, otherwise the 29 knew what terrible proposals they were putting forward.
Oh, and this is the first time i’ve sided on the group of people wanting Fifa to take the WC away from Qatar. Not for bribary or any of that. But because this is not good enough when it comes to human rights and making positive changes towards expat employment.
Disappointed!!! Again!!!
This is discouraging expat workers to move to Qatar, but think out of the box. When the majority do not wish to come to Qatar in such a scenario, the demand for those working here and those willing to come, goes up. In other words, the employers will have to pay them more if they wish to have an expat here.
This is a mistake or tastless joke right … ?
I liked the sheep story….
Everything is favored to them!!! There’s nothing much to comment on this very disappointing.
“An expat is not allowed to transfer jobs to a different employer except after working for double the period specified in their contracts, or 10 years if on an open contract”. Are they suggesting that after completing a two-year contract and therefore being OUT OF CONTRACT I can still be made to work for that employer another for two years before I can change to another job? I can’t wait for the Emir to champion that reform to the world press, and especially when he next meets David Cameron.
“Require employers to educate new foreign workers about Qatari laws and customs.”
An expense, to employers, which could be lessened if there was an available workforce who were already familiar with Qatar.
They stopped importing Arab labor in the late 20th century because of their strong political ideologies and turned to SE Asian labor instead. Furthermore, Qatar would be even more of a pariah state in the Middle East if they procured the same treatment toward a sizable portion of Arab laborers instead of its many SE Asians. Unfortunately, life isn’t valued equally in this part of the world.
Hope this is a lesson to all who wanted reforms to the Kafala !! Reform in Qatar just means … let’s screw them harder.
Can we hold the World Cup somewhere else now? Point proven!!!
If proof were needed that Qatar doesn’t care what the world thinks about it then this is it. Frustration turns to disgust. DN don’t ever bother to repeat the headline you once had which was “why do people hate us?” Surely you must know the answer now.
I am so pleased that I followed my decision to ‘Not hold my breath for positive change!’
Me too, back home for one month now and no regrets.
Bye bye Qatar. Hope that these AWESOME reforms will be implemented soon, so that I won’t regret later.
This makes my stomach churn. I honestly haven’t felt this disgusted in a very long time.
Slave labour is the best kind of labour for any country in the initial stage of its development. Look at the west, they built theirs using slaves and no pointing fingers on Qatar when its doing the same. Atleast slaves are paid here and not lynched for running away. Qatar has big plans for it self and is looking to take a shortcut to success by dragging human right reforms as slow as possible.
Tim, you cannot compare existing employment practices with practices which the world now universally recognizes as abhorrent. Developed nations also took natural resources without regard for the environment- would Qatar do that? Developed nations burned fossil fuels with regard to neither human health nor the state of the environment- would Qatar do that to ‘catch up”?
Out of curiosity. Is traditional (actual) slavery even illigal in Qatar to begin with? I know religiously they are not prohibited from owning slaves. What does the law say though?
The article states, “the government is considering amending the law to allow them (expat workers) to change jobs after their contract is finished, or after five years if they have an open contract. However, the Shura Council has recommended that the employee should serve double his contract time, or 10 years if they are on an open contract, before they are eligible to switch employers,” If indeed this is a change, then council chairman, Mohammed bin Mubarak Al Khulaifi and his associates are BUFFOONS.
They are leaders who are willing to do anything to protect their interest regardless of what the rest of the world thinks. Much like the republicans 😉
Bah humbug! Slav-ery
The Shura Council…humanitarian think tank……opps sorry just woke up… Shura Council …protectors of traditional Qatar slavery.
The “council” is doing a great dis-service to the nation, given that they initially doubted in passing it. The proposals are unanimously approved after.
As an advisory council of chosen people which the nations voters trusted it is easy to say the trust given them is not deserved. I am not looking at the interest which is being protected. But given the premise that the council overlooked their “doubts” how are they thinking and deliberating on merits and demerits of proposals?
How could they recommend to the Emir what they doubted in the first place.
So it’s basically exactly the same as now… what great progress!
Aaanndd that is why I moved to Dubai 🙂 Unfortunately Qatar is getting very much non competitive in the job market.
The Golden Rule in Islam:
I believe that this calls to mind that the members of the Shura Council are not only answerable for the now but if we look at the hadith… they would have to answer to this.
From the hadith, the collected oral and written accounts of Muhammad and his teachings during his lifetime:
A Bedouin came to the prophet, grabbed the stirrup of his camel and
said: O the messenger of God! Teach me something to go to heaven with
it. Prophet said: “As you would have people do to you, do to them; and
what you dislike to be done to you, don’t do to them. Now let the
stirrup go! [This maxim is enough for you; go and act in accordance with
it!]”
—Kitab al-Kafi, vol. 2, p. 146
I hope that when the opportunity comes where the members themselves try to avail of the law… they will remember what they have done.
Finally, someone pointed out the meaning of hypocrisy.
Uneducated labourers will still flock here, they can be promised anything and its unlikely that Employers would waste money teaching them about custom and practice in advance. . Educated professionals will read all about it in the media and probably start to look elsewhere. What a shame
10 years under an employer?..Anybody under this approving body will work or working for 10 yrs under one company?..
Expats also has a career goals!..
Still, “the law may not be under practice quickly”..
What mistake is done here to ban reetering to Qatar?..Coming here?..
The person has to feel the basic freedom to change the Job!!..
The law change will make employers to get better candidates and an employees to feel relaxed to work well