When I joined my present company, I had with me a No Objection Certificate (NOC) from my previous employer. In case I leave this firm, are they obliged to give me an NOC or is it the discretion of the management? If my current employer denies me an NOC, what can I do to get it?
Name withheld on request
Law No. 4/2009, which governs the entry, exit, residence and sponsorship of expatriates, stipulates that the agency concerned at the Ministry of Interior requires written approval from both parties, besides approval from the Ministry of Labour, for transferring an employee’s sponsorship. Transfer of sponsorship results in the new sponsor bearing all obligations to the employee, and clears the former sponsor of all responsibilities.
This condition for transferring sponsorship should be adhered to by all parties. Therefore, the questioner should get a new NOC from his current employer to transfer his sponsorship.
The NOC is valid only for one transfer and cannot be used more than once, and it becomes void once used for transferring sponsorship, since the names of the current and new sponsors will be different the next time.
Nevertheless, the NOC can be used as evidence to show that the worker has a local contract. But there is no provision in law that obliges a sponsor to transfer the sponsorship of his employee if he has been recruited locally.
Article (12) of the law says the minister or his representative may provisionally transfer the sponsorship of an expatriate worker in case of claims between him and his sponsor.
The minister or his representative may also approve the transfer of sponsorship of an expatriate worker if it is proved that the current sponsor is abusive or if public interest requires it.
My friend returned from his annual vacation last week. He has availed of his annual air ticket to his country as per the contract. Within a month of resuming work, he resigned. Is the employer supposed to provide him an air ticket to his country of residence?
Name withheld on request
The contract says an employer who brings a worker from his home country should provide him an air ticket when he comes to Qatar, when he goes on his annual leave and when he ends his contract.
There is no legal restriction on when these tickets can be used; however, this is governed by the agreement between the two parties.
The employer’s obligation to return the worker to his home country at the end of his services, whether he is alive or dead, is a firm obligation.
Law No. 14/2004 states: “The employer should return, at his expense, the employee to the place from where he brought him, or to a destination agreed on by both parties, when he ends his contract.”
The employer should end the process of returning the employee to the agreed destination within two weeks of the end of his contract.
In case of the employee’s death, the employer is responsible for all financial expenses incurred in returning the body to his home country.
If the sponsor fails to meet these requirements, the Ministry of Labour will return the employee, or the body, at its own expense and take administrative action against the sponsor and make him pay the costs.
The sponsor can also be fined a minimum of QR2,000 and not more than QR5,000 for not complying with the law.
I advice the questioner to approach the labour dispute office or the public relations department at the Ministry of Labour to file a complaint to get a one-way ticket from the employer.
I am working in a restaurant as a service staff. Our company gives us only two days off in a month and we work 10 to 12 hours a day. On weekends, they force us to work overtime but they give us only 10 percent of our daily basic pay as compensation. We work more than 48 hours a week, the limit stipulated in the labour law. During Ramadan, we work 12 hours a day. Our company is violating the labour law. What should we do?
Name withheld on request
Law No. 14/2004 regulates relations between employers and employees in the private sector, including shift workers.
The above law stipulates that working hours in a week should not exceed 48 hours, except during Ramadan, when the limit is 36 hours. Workers may put in additional hours provided they work no more than 10 hours a day. The employer should pay overtime, which is not less than the basic salary and at least 25 percent of the basic salary per hour.
The worker should be given a paid day off every week which must not be less than 24 successive hours. Friday is the official holiday for all workers, with the exception of shift workers. Shift workers’ weekly day off can be on any other day, and there is no extra payment for working on a Friday if they get a day off another day. However, if work on a Friday is not compensated with a day off, the worker should be paid a day’s basic salary plus 150 percent of the salary per day. If the job requires work on official holidays such as Eid, the worker should be paid for that in accordance with the provisions of law mentioned above.
I advise the questioner to go to the labour dispute office or the public relations department at the Ministry of Labour to get compensation for the extra hours and days of work.
The Peninsula
