CHAIRMAN: DR. KHALID BIN THANI AL THANI
EDITOR-IN-CHIEF: PROF. KHALID MUBARAK AL-SHAFI

Doha Today

Employer must return worker to his country within two weeks of contract expiry

Published: 19 Mar 2015 - 05:00 am | Last Updated: 16 Jan 2022 - 10:09 am

I have worked in Qatar since September 2010 as an electrical lead man. My visa expired on December 29, 2014 and my resignation was accepted by the company. They gave me end of service dues but did not give me an air ticket. When I enquired about it they gave me appointments several times, but nothing happened. What should I do now?
According to Qatar’s labour law, “upon termination of the service of the worker the employer shall, at his cost, return him to the place from where he has recruited him at the commencement of the engagement or to any place agreed upon between the parties”.
The employer must return the non-Qatari worker to his country within two weeks of the expiry of the contract. If the employee finds another job before his departure from Qatar, the obligation of returning him to his country shifts to the new employer.
If the employer doesn’t return the employee, the Labour Department will return the employee at the cost of the employer and recover the cost by administrative means.
Therefore, I advise the questioner to approach the Labour Department at the Ministry of Labour and Social Affairs and file a complaint against his employer to receive his dues.
 
I was suspended from my job for a mistake by a colleague. They blamed me because I was his manager. The company asked me to take my end of service dues and leave. I have worked in the company for eight years and I requested them to give me a no-objection certificate (NOC), but they refused. 
So I went to court, which ruled that I will get only the end of service dues and a return ticket. I then approached the Human Rights Committee, and they told me that since I was under an open-ended labour contract they could not help me get an NOC. How can I get an NOC to work elsewhere?
The sponsorship law, which regulates the entry, exit, residence and sponsorship of expatriates, says that “the minister of interior or his representative can transfer the sponsorship of an expatriate worker temporarily if there is an unsettled legal dispute between the worker and his employer.
The minister or his deputy can also accept the transfer of an expatriate worker’s sponsorship to another employer if he is not under the labour law if it is proved that the employer abused his rights or that the public interest requires it.
I advise the questioner to look for another job and provide the human rights department at the Ministry of Interior (MoI) documents that show that he has filed a lawsuit against his sponsor. In such a case the MoI will transfer his sponsorship temporarily until the court gives a final verdict.

If the company I work for is under liquidation, am I eligible to get an NOC when I leave the country?
The sponsorship law allows the competent authority to transfer the sponsorship of an expatriate worker to another employer following written approval by the former employer and the new one, and approval from the Labour Department at the Ministry of Labour and Social Affairs for those who are under the labour law. The transfer of sponsorship results in the former sponsor being cleared of all obligations and responsibilities towards the worker as these are transferred to the new sponsor.
It is worth mentioning that liquidation of a company is not allowed until all the workers’ dues are paid and their sponsorship is transferred to another company or they are sent back home.
The questioner is advised to seek an NOC from his employer to join another company, and to get all his dues. If he does not receive all his dues he can file a complaint against the company.
If an expatriate worker is deported, he cannot do another job here before two years have passed since the date of departure. The Minister of Interior or his representative can exempt a worker from the above provision on written approval from the former employer.
The Peninsula