Much-awaited reforms to Qatar’s controversial kafala sponsorship system appear to have hit another roadblock, after the country’s Advisory (Shura) Council expressed further reservations about proposed changes.
The council – which typically approves legislative changes before the Emir signs off on them – convened yesterday and reviewed the law for the second time this month.
It again agreed to send the amendments back to a committee for further study, state news agency QNA reported yesterday evening.
The legislation was initially aimed at making it easier for expats to change jobs and leave the country.
But rather than loosening employment restrictions on foreign workers in Qatar, it appears that some of the proposed changes would actually give employers more control over expats.
For example, workers could be punished if they “deliberately create problems” for their employers by having the qualifying period for a no objection certificate doubled, Al Raya reported.
Emphasizing the authority of local sponsors, the draft law states, according to the Gulf Times:
“In all cases the rights of the employer who recruited the worker and the provisions of the work contract between the employer and the worker should not be undermined.”
According to Al Sharq, members expressed serious concerns about several provisions in the draft law during yesterday’s meeting before voting down the reforms.
‘No rush’
The newspaper quoted the council chairman, Mohammed bin Mubarak Al Khulaifi, as saying there was no rush to usher in changes, as it would take a year to implement the law after it was published in the official gazette.
He added that more information was needed on the residents’ demands and rights, as well as the terms of the new work contracts.
Though the chairman said there is no hurry to implement changes, others disagree.
With Qatar’s construction boom set to peak in the coming years, human rights advocates say the country needs to move quickly to protect its rapidly growing blue-collar workforce from exploitation at the hands of their employers.
“Time has almost run out for Qatar to deliver a World Cup that is not built on exploitation of workers,” Amnesty International said in a November 2014 report.
Changing jobs
Yesterday’s Advisory Council meeting also provided insights into the substance of the changes to Law No. 4 of 2009 Regarding Regulation of the Expatriates Entry, Departure, Residence and Sponsorship.
While several specific proposals were put forward by the Ministry of Interior and the Ministry of Labor and Social Affairs in May 2014, officials cautioned at the time that they may be tweaked during consultations with various organizations.
The draft law consists of 50 articles sectioned into 10 chapters, Al Raya reports. Specific provisions include:
- Expats would be allowed to change jobs in Qatar after completing a fixed-term contract or, in the case of open contracts, after five years. The Ministry of Labor and Social Affairs would have to sign off on the changing of jobs;
- For those who leave the country after their work visa has been canceled, the provision of having to wait two years before returning for another job would remain in place. With some exceptions, those who want to come back to Qatar would continue to require the permission of their former employer.
- Those who break the law, including the country’s labor legislation, would be banned for four years; and
- Workers who deliberately create problems for their employer and fail to comply with their contracts – forcing a company to terminate their employment – would be penalized by not being allowed to change jobs for double the period specified in their contract, or 10 years for an open contract.
The draft law also appears to propose reforms to the exit permit system, which currently requires most expats to obtain their sponsor’s permission before leaving the country.
Under the proposed legislation, expats would need to request an exit permit from the “designated authority” at least three days before they are due to leave the country.
However, foreign workers would have to inform their sponsor of their travel plans further in advance. It’s not clear what powers an expat’s sponsor would have to block a foreigner from leaving the country.
Last year, officials said the “designated authority” would be the Ministry of Interior, through an automated process.
Sponsors would have to argue why the individual should not be allowed to leave the country, such as criminal or financial wrongdoing. Any objections would then be reviewed by a special committee.
The Shura Council’s foreign affairs committee also made several recommendations of its own, Al Sharq reported. These include:
- Prohibiting an expat from changing jobs more than twice;
- Underlining the right of employers to return workers hired under fixed-term contracts to their home countries once a project is completed; and
- Requiring employers to educate new foreign workers about Qatari laws and customs.
Thoughts?
Why is it so hard to let go of slavery? It is 2015!!!
Slavery is a profitable business.
i myself is not able to move up in my career ladder in my organization itself!!!
Honestly, you couldn’t make it up?!
Honestly are they serious about these changes? All I can see is more control for employers and harsher sanctions for expats :/
What were you expecting? No more exit permits? No more NOCs? The freedom to change employers?
well, yeah? maybe not to that level, but to the Emirates level
or at least Kuwait/Bahrain/Oman levels
Because if the slaves threaten to change jobs and demand better pay /living conditions, all the projects will come to a standstill.
Qatar needs slaves.
It’s funny, when Bahrain scrapped their Kafala-like system and moved to their current labour market where a person is not tied to a sponsor and can move jobs, Qatar was holding on “to see how the experiment worked”.
That was what, ~20 years ago?
Probably time to call it as it obviously didn’t adversely impact the rich Bahrainis as according to that recent report they have a higher density of millionaires than Qatar.
Very inertial
yes – why not step out of the dark ages?
Because just under half (47%) of Qataris in a 2011 survey conducted by Qatar University’s Social and Economic Research Institute think that the sponsorship laws ought to be tightened, not relaxed. I would be willing to bet that most of the business leaders in this country know that their personal wealth is based on maintaining the sponsorship system (or tightening it further).
Why on earth would anyone expect that there would be a positive change that benefits the expats?
Because, in the long run, such changes would in fact benefit Qatar.
But the powers that be are too short-sighted to see this. Moving from win / lose (zero sum game) to win / win (ALL can benefit!) seems to be a difficult to grasp concept for many of the local business people.
With real change, there would be a chance of across-the-board standards improving in Qatar. (And Qatar progressing towards its stated aim of being ‘an advanced nation’ in the next 15 years).
But don’t hold your breath.
This is the biggest joke ever – I would express my feelings and opinion more on this matter but I know it will be deleted. I am really furious about these new laws that ask from an employee to wait for half a decade before changing jobs for open contracts. Only God knows until when will Qatar keep getting away with these rules. They demand respect yet they have never respected a single expat/slave here. Maybe in 138 years once the gas runs out they will change. What a shame!
i normally stand up for Qatar as expats here tend to be angry whatever they do…but no one can stand up for this, why cant Qatar just move forward?
everyone knew itd take a long but this is a joke.
Qatar CANNOT move forward without slaves.
Qatar is making what they consider the best decision for Qataris. Why should they care about tempory expats?
Because, in the long run, such changes would in fact benefit Qatar.
But the powers that be are too short-sighted to see this. Moving from win /
lose (zero sum game) to win / win (ALL can benefit!) seems to be a
difficult to grasp concept for many of the local business people.
With real change, there would be a chance of across-the-board standards
improving in Qatar. (And Qatar progressing towards its stated aim of
being ‘an advanced nation’ in the next 15 years).
I said what they consider to be the best for Qataris. I didn’t say it was the right thing to do or even good for them.
As a Qatari, I don’t see how this is beneficial to us! On
the contrary many from my generation believe that Qatar is better off scraping
the sponsorship law…it’s unfortunate that those who prefer to retain the status
quo are many, powerful & obstinate.
Thank you. Thank you!… People like yourself sir are honorable.
God bless you for this beautiful comment you made.
Thank you for standing up on this topic, I’d just wish that more would voice their opinion, it might even make a change in one way or the other … basically, the new law will not change anything, once/if it comes into place. Sadly, as I really thought it would change at least a few things for the majority of people here 🙁
but UAE getting benefit.
My comment is waiting to be approved by DN. I wonder………..
No – my comment on the shame that everyone should feel about this article was deleted. Where is Shabina when you need her? At least she has a heart. I wish this article could be published in every newspaper in the world
If it’s published here in the Gulf Times it will be news. But if it’s published in the Daily Mail or the New York Times it will be racist, hate filled, western jealousy.
The only uncertainty at the moment is who will be the first to respond to this news – Amnesty International? the ITUC? Migrant Rights? UEFA?
Will check pending – I haven’t deleted anything yet.
Ah good afternoon Shabina . It was “pending” and now it’s been deleted – no doubt mirroring the fate of the reforms to the Kafala.
Yep, this place can push you into seeing conspiracy everywhere!
I actually approved it…
Which I’m delighted to say is no surprise. Ah hang on I’ve just looked below and it’s reappeared. Shabina we need you on the Kafala committee.
don’t see why anyone is shocked, the wheels turn slowly here.
They are turning – in reverse.
I don’t think people are shocked, they are angry. This was expected from Qatar, but It’s only human to be frustrated.
Still don’t understand what “heavy ” losses Businesses here suffer which UAE or Bahrain or Oman don’t suffer where they have more relaxed rules for.expats
I think there would be an initial ‘heavy’ loss. I for one would be ready to jump ship to another employer if I was allowed to, and I am sure there would be a substantial number of others with me…but that is the price you pay for having laws like this
Time to go. If ever there were signs, it would be now. The World Cup is going to get pulled due to corruption, efficiency and alternative energy will continue to drive oil prices down. More delays or cancellations will be posted to most infrastructure projects. The construction boom will end. None of this is sustainable, so the house of cards must come falling down at some point. What Qatar does seem to forget is that labor and capital are both quite mobile, and by not treating people fairly, or by abusing people, they are likely to see a tighter and tighter labor pool of less than desirable candidates become available, making all of their perceived problems into their own realities. This is just pure exploitation. The first bucket is now overflowing. Time to go.
The $ bucket or the BS bucket? (That they gave you when you first landed, right?!)
I tend to agree with you, as it has been announced more used cars for sale, as State Owned agencies especially in the Gas and Oil sector have started cutting jobs. Not sure if this is a cycle which repeats, but with the current price of oil, and I assume gas, lower than they were a year ago, and the outcome not looking favorable for an upward swing to make much of a difference, local coffers will need to be examined and all non-essential projects scrapped. Once this starts on a large scale, as it has already started on a small scale, then the end is in the foreseeable future. IF the WC is scrapped, Qatar is DONE! Everything is predicated on hosting it.
It seems that the problem with the Kafala system is that it did not give employers enough power and gave to much to employees. So obviously, the best thing is to make it more stringent and restrictive.
Qatar claims that they are racially discriminated by western nations, who questions their capability to host the 2022 World Cup. And I sort of believe that there is some tinge of it.
However, this righteous claim crumbles and smacks of hypocrisy when they themselves continually discriminate against other nationalities. Allowing slavery to continue unabated.
Frankly, if you really want to look at the best welfare of your people, just allow the world cup to be hosted by other countries. Because, when the venues are built by the actual blood and sweat of slaves, it will not be a prideful moment, but a shameful one.
I posted a comment like that and it got deleted.
Don’t worry. If the police comes to my house, I’ll also tell them that you’ve posted the same but it was just deleted. 😛
Seriously, its something that we all think of and hope for. And frankly, they have to realize that removing the sponsorship restrictions will actually help the economy and provides them with the moral high ground.
You bad person …happens to me all the time, especially when i use the word “stupid”
..on disqus i see your comments are on “private” setting , otherwise i could see what your comments were..
How long are they going to fool the rest of the world and the other agencies that say abuses and harassment are rampant and a common business practice out here
Well they are now bidding for the formula 1 Sport..like football scandals and human rights scandals do not exist. I swear it is like the country is run by a bunch of teens. Are Qatari people ok with that? Why not speak up to the world? This is Ramadan people, do what is right and fair!
No i am not a hater and i am certainly not stereotyping. I am sick and tired of SLAVERY!
Maybe these proposals are just a ploy. They seem to be much more restrictive than the current laws, so it might get everyone to plead to go back to the “good old” Kafala system…. I can’t see how vulnerable workers can expect any justice under laws that will simply protect the employers and give their government friends/family the final say. An neutral ombudsman might help, but who would be able to go through all that?
Interesting you said ‘Good Old’ Kafala. When it started in 1953 it was a good system. The sponsor took care of the worker. Bonds and trust formed over time. It was caring and human. The present day Kafala system is unfortunately approaching a form of slavery which is all the more striking in the second millennium.
If we could go back to the good old Kafala of the 1950s that really would be something.
Sorry, but I’ve heard similar arguments about slavery and apartheid… I can only imagine that then, as now, there were good sponsors and bad ones. The problem is that employees have very little or no recourse to an affordable, transparent legal system that could enforce their rights – back in 1953 and now. That’s why it needs to be scrapped and replaced by a win-win contractual system. And access to legal aid and protection. See http://www.justhere.qa/2013/06/runaways-and-absconders-slavery-and-kafala-a-dig-into-history/ for some background
But Qatar had real slavery of East Africas in the 1950s! Were they happy slaves?
I couldn’t possibly say for the thousands of East Africans. But they were under a Kafala system that was very different to the present incarnation. That’s my point.
They were not under a “kafala” sponsorship system, they were simply owned slaves. Real slaves.
As opposed to the unreal ones Qatar has now?
So this was the long awaited sponsorship law people were waiting for?
Feel pity for those who had expectation….
Is anyone surprised? I’d expect this cycle of review/revise/review/revise…. to continue until just after National Day 2022, then get scrapped. If the WC gets pulled, that will only shorten the process, as it will get scrapped earlier.
Mulling rulez 🙂
So basically no change in exit permit thing, eventually employee will suffer, as it is not clear that what will they do in the case of emergency? again we will rely on our employer, and this new department will just open new job opportunities for locals..
Changing sponsor is more difficult now, every company will ask for 5 years contract, and won’t let you go easily.
ban period is extended to 4-10 years…
Domestic workers still doesn’t fall in category of humans..
Frankly there is nothing changed, it looks like they added more restrictions on expats. If still sponsor can stop the NOC, definitely they will do. Easily they will give the reasons to authorities that the employee is making problems to us, so we will not give him the NOC. Here i am not going about the authorized people or departments in government. whatever an employee speaks ‘KALLI WALLI’, whatever the epmloyer speaks ‘ZAIN’ and all knows it. So this kafala, NOC systems is not going to work good for the Blue collors and whatever a collor colour of an expat. Still the employer is the most powerful man, not the ministry or departments.
They will do what they want & ministry they do when they want. The funny thing is “Though the chairman said there was no rush to implement changes’.
I have read some of the below comments and i agreed with most of them. We should declare the above subject as “JOKE OF THE YEAR” and for coming 12345678964263 years.
Congrats…Qatar won joke of the year again,decades after decades…
“educate new foreign workers about Qatari laws and customs.” That seems to be a taunting task since laws and customs are miles apart. How can you teach someone that there is a law, but it is the custom not to obey it.
LOL
The custom is to spit in its eye!
Anyway, must go, I’m off for a bit of R&R in Belgium. No fires there.
That 90% certainty of the new laws being signed this year is looking pretty slim right now.
LOL. I don’t know why people get upset about this, they never had any intention of making any serious changes and sorry to tell you NOC was way down their list of priorities. Still years away from even the smallest changes, so if you don’t like it you can…….
We are of the same mind – most times
How foolish i feel for giving Qatar the benefit of doubt.
Yep. I guess you won’t make that mistake again
It was to be expected, what did you think that they will just wake up and make swift changes cos the international community said so, got news for you they wanted the heat to die down. Oppression is in thier DNA if i dare say and my comment would probably be deleted for “BEING A TROLL” lol. Well we are here so we got to respect whatever laws they make we do not get to choose what we want and what we do not want. Hope they did the same to the west where they are welcome frerly
Deleted for stereotyping. It’s ridiculous to insult all Qataris because people on the Advisory Council expressed concerns.
Oh ok Shabina it was just a matter of time before the comment was censored
Yep
Keralite robin gets brave….
The real situation
The changes proposed by The Shura Council’s foreign affairs committee in fact are putting more restrictions on expatriate to change jobs than the current law.
These people revising the kalafa reforms has no first-hand experience on how employees are begging on their knees just to release their NOCs. If the country runs out of oil, stripped to them the World Cup, and countries start to repatriate its citizens for good, only then Qatar will realize that they cannot eat money.
Indeed, expect amazing 🙂
I hope the Kafala will remain the same ;))
?–the same as now? Why would you want people not to have rights–right to leave or change jobs?
the “new Kafala” will be the answer to you once its enforced. 🙂
I understand now what u mean.
..and then you blame it on racism when people want to take back the WC hosting rights, after making all sorts of promises!
How many revisions needed to approved this? I thought it’s CLEAR but still UNCLEAR! The other foot is buried…
It is CLEAR, they don’t want any reform. Any fool could have seen that from the beginning.
MIMH, after the revisions they need to RATIFIED that, so does this means more ratification needed? They must be thinking that people are ILLITERATE .damn
As someone already state, the kafala sponsorship system will get approved JUST AS the WC is ending… IF, there is a WC held here, that is…
The new clause “employees who deliberately create problems” is useful to abusive employers by putting a longer ban period. My employer (Expat) wants his staff to work for him lifelong….
Ok, if you really expected something to come of this, then it’s time you to put down the crack pipe….
I would only ask Qatar for progress, not perfection.
Right. Unfortunately, this is neither. They actually suggested harsher restrictions on workers. I think the advisory council members are smoking crack. The council is inhumane and definitely isn’t helping Qatar achieve any positive changes.
Talking the Talk – Not walking the walk
http://www.ilo.org/wcmsp5/groups/public/—ed_norm/—relconf/documents/meetingdocument/wcms_348745.pdf
Appendix II is somewhat at odds with the reality of this?
Particularly article 3 of Appendix 2 – either someone has been telling a fib, or the left hand of the government doesn’t know what the right is doing.
It has been “explicitly announced”…
Which means what exactly in the context of Qatar politics?
This really just shows the true mindset of Qatar. You set out to reform the kafala system and end up with suggestions for tightening it. Clearly they do not have the will to introduce true changes or maybe they do not know better.
If changes are not forced on them, nothing will happen.
Looks like the changes will take Forever and ever
I am not surprised, they seem to be from a different planet.
Deleting for stereotyping.
A gentleman who makes a statement taht we should ‘not hurry’ to make changes to the Kafala slavery system show what most people seem to support in this country. Fine, but than bear the consequences that world cup might not happen.
*Awkward Silence* *Crickets Chirping*
nothing will happen Qatar is making everybody fool
The holly month of Ramadan, where sympathy and empathy and fairness and equality should be embraced. What a shame what a shame what a SHAME!….Honestly, Qatari people are great people. I mean, we all have Qatari friends and we all know how loyal and amazing they are. But, what is going on in terms of the Kafala is just pure evil and shameful to the point where it makes the person think deep of things. Qatari people should speak up. Not foreigners not expats not western countries or media. Qatari people should make noise about how unacceptable that is and how SHAMEFUL that is.
This is 2015 people. This is no stone age. History does not forgive OR FORGET. It is your choice, no one else. With all due respect to the rulers of course, this is just NOT acceptable no more your highness. After we are gone, we are all a memory and it is either a good one or a terrible one.
thank you
My theory about all that is the conflict of interests between the monopoly of power in Qatar. Yes, the vast majority is well off and can afford a Lexus and a house full of maids, But few own buildings and businesses and fewer own dynasties and empires. So, ending Kafala is ending a lot of revenue streams and in return introducing the need to spend WAY more on the turnaround of employee job quitting for (80% of the population!). Not only that, you can bet your behinds that up to 90% of that 80% will want to change employer as soon as the law makes it, which it won’t. So, the whole country workforce will be on a constant learning curve.
To end Kafala, you probably have to spend 200 Billion to just silence those who will end up losing that much.
135 years of gas reserves could be 130 years to get there. Am I exaggerating in here??
I see no changes to their Kafala system. It’s getting worse. They want to host the FIFA World Cup and exploitation as well.
Frankly there is nothing changed, it looks like they added more restrictions on expats. If still sponsor can stop the NOC, definitely they will do. Easily they will give the reasons to authorities that the employee is making problems to us, so we will not give him the NOC. Here i am not going about the authorized people or departments in government. whatever an employee speaks ‘KALLI WALLI’, whatever the epmloyer speaks ‘ZAIN’ and all knows it. So this kafala, NOC systems is not going to work good for the Blue collors and whatever a collor colour of an expat. Still the employer is the most powerful man, not the ministry or departments.
They will do what they want & ministry they do when they want. The funny thing is “Though the chairman said there was no rush to implement changes’.
I have read some of the below comments and i agreed with most of them. We should declare the above subject as “JOKE OF THE YEAR” and for coming 12345678964263 years.
is any one actually surprised?
I mean, come on, it’s hardly news worthy, a decision not to change and not make a decision was decided..
I look forward to the next update about not changing the slavery system..
It’s just too hard, obviously, what’s Qatar to do, look at other countries to see how they employ people?
It is for this reason alone tat Qatar ought not be allowed to host the WC in 2022..no other.
The bribery scandals are a normal part of the WC process and have been for ever, the idiocy of hosting in Qatar is no more idiotic then allowing Brazil to have it, given how that turned out but no other country has used virtual slavery to realise it’s dreams in such a manner in modern times.
“Time has almost run out for Qatar to deliver a World Cup that is not built on exploitation of workers,”
well another year of stalling on the Kafala system shold do the trick.