My employer cheated me on my agreed job position after I came to Qatar. At that time, I was helpless as I had left my job in my county and was not aware of the Labour Law.
(For example: Getting a person for the post of Marketing Manager and give him the job of Procurement Manager.)
I have completed one year in my contract. I’m trying to get correct information to change the sponsorship from my current employment.
I understand that I can shift to another company only if I manage to get an NOC from my current employer. My current employer is unwilling to issue me an NOC, even thought it is their fault.
I have enough evidence — like signed employment contract, mails and I’m getting my salary slip on same agreed profession — to prove what they agreed to earlier is different from what they offered me once I reached Doha.
Can I make a labour complaint to get an NOC. I dont want to get a two-year ban and spoil my career further, please advice.
Name withheld
The Labour Law No. 14/2004 say that “the employer may not ask the worker to perform other than what the worker agreed upon unless necessity so requires for the prevention of an accident or repair of what arises therefrom or in case of force majeure provided that the worker shall be paid the entitlement accruing therefrom.
As an exeption from the foregoing, the employer may ask the worker to perform work other than the work agreed upon if it is temporary or if the work does not basically differ from the original work and if the request to perform that work does not entail an insult on the worker provided that the wage of the worker shall not be reduced.
According to your information you have enough evidence to file a case against your company.
Also you will be eligible to temporary transfer of your sponsor through Ministry of Interior without NOC from your company, during deliberating your case in the court.
If you win the case your temporary transfer will be permanent, if you lose your case the Ministry of Interior will send you back if you do not obtain NOC from your previous sponsor.
I am working in Qatar for the last 5 years in a private organisation. My company sends me as a supplier to government organization as a second staff.
I am working as technologist in the government organization and now I got an opportunity to be permanent staff in the same organisation.
But my company refuses to give me an NOC to join the government department.
Is it possibile to get an NOC from my company. Please give me an answer.
Law No. 4 of 2009 Regarding Regulation of the expatriates entry, departure, residence permit and sponsorship in Qatar, indicates that the competent authority might transfer the sponsorship of an employee who is an sxpatriate to another employer under a written agreement between the new and former employers.
Exceptionally the sponsorship law No. 4/2009 stipulated that the Minister of the Interior, or his deputy, may transfer the sponsorship of expatriate worker temporarily, in the case of lawsuit between the sponsor and the worker.
For the same reasons, with the consent of the Minister, or his deputy, and at the request of the worker and the approval of the Ministry of Labour, sponsorship also can be transferred, which applies in the labour law, to another employer. As well Minister or his representative may transfer the sponsorship of an expatriate employer who is not under the labour law there is proven abuse from the sponsor side, or if the public interest requires so.
It is worth mentioning that transfer of sponsorship is an inherent right of the Ministry of the Interior and have full authority in making the right decision.
Therefore, questioner is advised to take into account the law provisions on sponsorship and adhering to that otherwise the questioner may be subject to other legal complications.
I am an expatriate working since 2007 under my sponsor.
After six years of working under my sponsoring company, I filed an intent to resign but my sponsor didn’t approve my letter for resignation, instead allowed me to look for another job, but work under his sponsorship. My Residence Visa/Work Visa is still under them.
I want to transfer my sponsorship to another company but they don’t want to cancel my visa because they are charging a fixed amount from me for the permission to work in another company while being under their sponsorship and moreover I have to pay for my visa renewal every year.
When I request some documents from them like NOC as per requirement of the Ministry of Interior, they are ready to give me.
How can I transfer my Residence Permit to my present employer without delay, considering that I had been serving them for almost 8 years?
Law no 4/2009 indicated that no natural or juristic person may allow expatriates recruited as employees to work for any other entities, nor may they employ staff who is not thus sponsored.
The competent authority may, exceptionally allow the sponsor to second his Expatriate employees to another employer for no more six months, with the arrangement renewable for a similar period. Subject to the written approval of his sponsor, the competent authority may allow such Expatriate to work on a part-time basis for a different employer at times other than the designated working hours of his original employer.
In all cases, the, approval of the Ministry of Labour must be sought for the categories subject to the provisions of the Labour Law. Permits may not be assigned for third parties nor may they be disposed of or circulated by third parties in any other way whatsoever, whether or not such assignment is against consideration.
The law also made it clear that expatriate worker who entered the country and granted resident permit to do specific work with identical body or for specific purpose, must comply with the law provisions and leave the country within ninety days when he accomplish his duty or the job he came for. Or in case resident permit has been revoked for any reason.
Accordingly the law governance relation between the employer and employee and no way for other possibilities under the clear statements of the law. Therefore, allowing employer to work with other company while his sponsorship is under other company or employer is clear violation to the labour law and make the sponsor, the employee and the new employer subject to accountability.
The questioner is advised to file complaint against his sponsor at the Ministry of Labour or at the labour court to demand his due rights, and then ask for transfer of sponsorship at the competent authority at the Ministry of Labour. When applying for transfer of sponsorship he must prove that there is lawsuit between him and his current sponsor.
Working with another employer rather than the legal sponsor without written permission make the employee subject to fine and deportation from the country. Not only has this, but violation of law affects the right of the employee, where he may miss the right of having his salary and other benefits from the sponsor and opportunity to transfer his sponsorship to another employer.
The Peninsula
