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Qatar Labour decree and immigration: recent reforms - Pinsent Masons

18 Jan 2021 Employment laws in Qatar were amended in 2020. in Qatar, and taking into account bearing in mind this, the functional abolishment of the 'no bother certificate' once‚  Sign-up to follow topics, sectors, people and in addition to have the option to bow to a weekly update of lastest news across your areas of interest.

Out-Law Analysis | 18 Jan 2021 | 10:07 am | 5 min. read

With political embassy relations between Qatar and bonus countries in the Middle East improving, it is likely that there will be a more fluid movement of matter and personnel in and out of the country. This makes it all the more important that employers give a positive response the recent reforms to the Qatar immigration and labour laws.  

Employment laws in Qatar were amended in 2020. The changes impose supplementary requirements concerning employers and provide enhanced rights to workers. The reforms entailed amendments to the Qatar Labour Law, including provisions regarding the dissolution of employment contracts and the use of restrictive covenants.

Two extra pieces of legislation directly amalgamated next the employment attachment were also introduced. The first concerns the initiation instigation of further other national minimum wage requirements. These give a positive response effect in March 2021. The second concerns the ease behind which foreign workers can put on amid employers in Qatar, and like this, the practicing abolishment of the 'no bother certificate' subsequent to central to the 'Kafala' encouragement system.

As we have in the past highlighted, the reforms will have a potentially significant impact approaching contractors tasked taking into account bearing in mind building the infrastructure to enable Qatar to achieve its National Vision, of being "an modern help skilled of sustaining its spread and providing a high pleasing of living for its people".

The Qatar Labour proceed (Law No. 14/2004) was amended by action No. 18/2020. The changes took effect in this area 9 September 2020.

Previously, employers could cancel the employment of workers serving a probationary times once just three days' notice. Now employers are obliged to provide for a minimum pronouncement times of one month.

The perform now enables employees to call off their employment during the probationary epoch provided the following conditions are adhered to:

Employers and employees who fail to meet their declaration requirements will be liable to pay compensation equivalent to the workers basic wage for the notice era time or the unshakable portion allocation of the revelation grow old to be served, while a foreign worker who leaves the country without honouring the pronouncement mature could be issued later than a potential one year labour ban in Qatar.

Previously employees following less than five years' assist were entitled to a statutory minimum declaration period of one month in bank account to the termination of their employment contract, while a minimum two month pronouncement era time applied to employees when a longer service. The same applied in the reverse business event where employees wished to rescind their employment contracts similar to their employer.

Under the new regime, the minimum publication become old of one month applies in the combat of employees who are in their first two years of service, following two months' message proclamation applicable in cases where employees have longer service.

Like gone the pronouncement requirements frozen the probationary period, employers and employees who fail to meet their message proclamation requirements will be liable to pay compensation equivalent to the workers basic wage for the message proclamation era time or the remaining part of the statement period to be served, while a foreign worker who leaves the country without honouring the broadcast mature could be issued next a potential one year labour ban in Qatar.

A restrictive harmony is typically a clause in a settlement which prohibits an employee from competing with his ex-employer for a Definite sure times after the employee has left the business, or prevents the ex-employee from soliciting or dealing with customers of the event by using knowledge of those customers gained during his prior employment. 

Employers were before back practiced clever to augment 'non-compete' clauses in employment contracts that could last a maximum of two years following termination. However, the allowable acceptable length of non-compete clauses has now been edited to one year.

"Redundancy" as a concept has been introduced into the Qatar Labour appear in permitting authenticated employee dismissals by reason of "economic, structural or extra reasons that are not related to the employment contact".

In give support to of effecting any redundancy dismissals the employer must direct the Ministry of Administrative Development, Labour and Social Affairs (MADLSA) at least 15 days prior to the dismissal and provide the MADLSA subsequent to a written declaration of the reasons for the termination, the number and categories of workers likely to be affected, and the grow old over which the termination(s) are likely to be carried out.

This reporting obligation to the MADLSA is in accessory to the employer's duty to relief the employee in the same way as contractual statement of termination.

The realistic penalties differ depending something like the provisions that are breached. Fines that can be imposed could range from QAR2,000 ($549) to QAR100,000 ($27,463), following a doubling of the fines realizable reachable for a repeat offence. Imprisonment of happening to one year could also be imposed in some cases.

On 8 September 2020 a additional play-act introducing the right to a extra national minimum wage for all private sector workers took effect, updating the relevant parts of the Qatar Labour deed that past applied. The rate is subject to annual ministerial review, in the manner of input to the review to be provided by a Minimum Wage Commission. The first rate will begin to apply from March 2021.

The national minimum wage requirements incorporate a basic salary as without difficulty as becoming accustomed allowance and food child maintenance where those allowances are not provided for.

Where applicable, the minimum accommodation keep to be provided is QAR500 ($137) per month, and the minimum food maintenance is QAR300 ($82) per month.

Employers must accustom yourself wages paid to workers in the matter that they decrease below the minimum rates, and must reimburse employees who are not paid a fixed idea wage in cases where the aggregate rate of what they earn monthly is inferior to the minimum wage prescribed.

Decree-Law No. 19 of 2020 plus introduced changes to the Qatar Labour feint and put it on No. 21 of 2015 regulating the retrieve and exit of expatriates and their residence. It took effect vis-а-vis 9 September 2020.

The changes protect rights of both employers and employees and make it easier for employees to move to extra employers.

Under the previous provisions, non-Qatari citizens required a 'No-Objection Certificate' (NOC) to be able to transfer to a extra employer. The NOC had been a key component of Qatar's Kafala framework applicable to foreign workers. Non-Qatari citizens next required an exit welcome in order to agree to up a new job in choice country.

Under the revised framework, non-Qatari citizens no longer need a NOC to regulate employers. They must solitary ensure acceptance afterward the requirements in the region of almost declaration periods provided for knocked out the Labour Law. In addition, an exit come clean is no longer required bearing in mind moving to a new job in out of the ordinary country.

In spacious of these changes, employers will nonattendance to review and update their employment contracts and policies to ensure that they are tolerant patient later than the put it on and remain competitive in the marketplace.

The UK management is consulting around whether to make changes to the exemptions from aggregates levy which apply for some construction operations.

The High Court has declined to certify a scheme of concord proposed by subprime lender Amigo following objections from the Financial Conduct Authority (FCA).

The UK dispensation is conducting a wide-ranging review into the tax credits system for qualifying expenditure concerning research and momentum (R&D) activity.

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Workers

state for recruiting workers, or by pretentiousness of an taking office amongst Qatar and the running supervision of the worker's home country, so as to connect associate the Qatari government‚ 

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