This is one of the most important questions that was frequently discussed on the page.

Non-citizens in Qatar are working in an uptight sponsorship system. Non-citizen employees of private companies may not work for anyone other than their Qatari sponsor, and their residence and employment permits depend on their sponsoring entity. In any case where a non-citizen employee wishes to transfer to another company, he/she must furnish a No-Objection Certificate or an NOC.

A No-Objection Certificate (NOC) is a note of clearance that states that the previous employer does not have any objections of the employee finding another job or another company. The No-Objection Certificate frees the employee from any obligations towards the previous employer and allows the person to find a new job and a new sponsor.

When a non-citizen employee leaves a job from his Qatari sponsor company, he has to get a No-Objection Certificate from his previous employer. This means that the old employer does not have objections if the person went out and found another job. The No-Objection Certificate should include the sponsor signature on the company letter head with seal stating that they have no objection in the employee’s purpose.

Under the current Qatari labor and sponsorship laws, if a non-citizen employee wishes to leave their company, their employer holds the right to prohibit them from seeking employment elsewhere and may even require them to leave the country for a minimum of two years before they may re-enter to seek new sponsorship. With this law, the No-Objection Certificate is issued at the discretion of the employer and as of yet is not always a common occurrence in Qatar. As there are no legal supporting stipulations requiring the issuance of a No-Objection Certificate, most companies in Qatar do not issue the certificate. Employees either continue working at the company against their will until the prescribed period of employment, or leave the job and face the two-year work ban. The work ban is imposed on the foreigner by the Ministry of Labor of Qatar. During the time of the ban the individual is not allowed to work in Qatar and must leave the country. During the duration of the two year ban, they may not re-enter Qatar on any type of visitor visa, not even for the purpose of tourism. Also, most Qatar employers used to recruit workers on a fixed period of contract, generally for two years. For this reason, many companies in Qatar decline to issue an NOC. Most contracts are renewed as per mutual consent. Those who refuse to continue their contracts in less than the prescribed period of employment are forced to return to their countries and serve a two-year work ban in Qatar.

Thus, non-citizen employees should know their rights in Qatar. First and foremost, they have to learn every detail of their employment contracts and know how they should be able to deliver performance and abide by the stringent sponsorship law. Qatar has several governmental bodies that deal with issues regarding employment and sponsorship and advocate for the rights of all workers. Qatar’s Ministry of Labor’s Department of Labour Relations has legislation in place that allows workers to accommodate complaints, sue for damages and seek exemption from court fees should they have a dispute with their employer.

Fresh job contracts for expats under new law (2016 End)

All expatriate workers will be given fresh job contracts by their employers after the new law regulating entry, exit and residency of foreigners in Qatar comes into force by 2016-end.

The period after which an expatriate worker will be allowed to change job by the new law will be counted from the date he has signed the fresh employment contract.

In other words, the period will be counted only after the new law has come into force as it does not apply to existing job contracts, says a famous lawyer.

Yusuf Al Zaman (pictured) said the new law does not mention that it will apply to existing job contracts. “And unless a law specifically mentions that, it can’t apply with retrospective effect,” Al Zaman told this newspaper yesterday.

Once the new legislation takes effect after a year from the date of its publication in the official gazette, an expatriate worker will be allowed to change job after five years if his job contract is open-ended, with approval from the Ministry of Interior and the Ministry of Labour and Social Affairs.

No-objection certificate (NOC) from the expatriate worker’s current employer will not be needed at all.

And if the job contract of an expatriate is for a fixed duration, he could change employment at the end of the duration. In this case also NOC will not be required from the employer but approval will be needed from both ministries, said the lawyer.

Asked how soon the worker could change job, Al Zaman replied: “Immediately as the employment period ends, in both the above cases.”

Therefore, all expatriate workers will need to sign fresh employment agreements with their employers once the new law takes effect.

Citing an example, he said: “Let us say an expatriate who has been based here for many years has signed a fresh job contract for five years after the new legislation is put into force, so he will be allowed to change job only after five years, not before that.”

Asked as to when an NOC will be required from the employer of an expatriate if he wishes to change job, the lawyer said: “Only when his contract is still valid and he wishes to change job will he be needing an NOC”.

The difference between the new and the existing laws is that the employer is not the sponsor of an expatriate worker. He is an employer. And the relationship between him (the employer) and his foreign employee will be based entirely on the job contract they mutually agree and sign.

Al Zaman, clarifying why both ministries’ approval will be needed for job change by an expatriate employee, said it is only an administrative issue.

It is just because the government would like to take note of job change of a resident. It will just be a formality. It will be for registration purposes only.”

The employer and his employee will be free to include whatever conditions they would like to have in the employment contract.

There will be some basic conditions like salary, allowances and privileges a worker is entitled to as per the labour law of Qatar, and other conditions can be included in the contract.

On exit permit, the lawyer said the current system will continue after the new law is implemented.

For example, expatriates will still require exit permit from their employers and it will be issued like it is done now.

However, in case of refusal or delay being made by an employer in issuing exit permit to an employee, the latter could approach the Grievance Committee at the Ministry of Interior.

The committee will decide the matter in three days. An employer will also have the right to explain his position on the matter in front of the committee and why he is not issuing exit permit to a particular employee.

Al Zaman said the new law will stop the practice of some sponsors putting pictures in newspapers of their expatriate employees if they are going on annual leave or leaving Qatar for good.

This practice is allowed under the current sponsorship law, so when the sponsorship system ends, there wouldn’t be any need for it. “As I said, the job contract will decide the relationship between an employer and his employee,” the lawyer reiterated.

In the present system, an expatriate worker’s sponsor is responsible for many things related to the worker. But in the new system that wouldn’t be the case.

The sponsor is now responsible for his worker’s bank and other loans, for example. That wouldn’t be the case anymore in the new system. Regarding criticism of the new law by some Qatari businessmen, the lawyer said: “My advice to them is to wait patiently and see how the law works once put in force. They shouldn’t be in a hurry and jump to conclusions.”

Arguments being raised by critics have been discussed at length while the law was being drafted.

That is why Article 7 of the law talks of setting up a Grievance Committee at the Ministry of Interior.

“If an employer doesn’t want an employee to travel out of Qatar for some genuine reasons, he could approach the committee and explain his position,” said Al Zaman.

One good thing in the new law is that earlier an expatriate could come back to Qatar after two years to take up another job after quitting his present employment or after being removed from job, that condition will end.

Once the new law is in force, an expatriate worker can return to Qatar immediately after quitting his job (or after being removed) and travelling overseas if he lands another job.

The only condition is that the Ministry of Interior will have to approve his arrival. “His employer (the one offering him a job) will apply to the ministry for approval,” said the lawyer.

MOI Said: 

NOC which currently regulate transfer of employees will be replaced with an employment contract system. If the employment contract is for a fixed term, the employee may transfer to another employer at the end of that term. If the contact is for a an indefinite term, the employee may transfer after five years from date of the contract.

As per current Labor Law: 

What does labour law say for locally hired employees and can they join a 3rd Employer without getting an NOC from the 2nd employer?.

Find out everything you need to know about NOC in this short video.

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