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Legal consultations Thursday, 21 October 2010 03:18
Question: A woman says her husband has been working in the private sector for more than six years and he tried to transfer his sponsorship to another company in order to improve his status, but the company manager rejected it though the sponsor has no objection. The manager also objected against bringing his family. Therefore, she is asking if there is a way to transfer the sponsorship without interference of the manager. How can he get an entry permit to Qatar to reside with her father, since she was born in Qatar and lived here for more than sixteen years in Qatar?
Answer: First, regarding the transfer of sponsorship, the sponsor’s approval is a condition in accordance with Article 22 of Law No. 4/2009, concerning the regulation of entry, exit, residence and sponsorship of expatriates, which states that the competent department at the Ministry of Interior may transfer the sponsorship of the expatriate labourer to another employer under a written agreement between the new and the previous employer after the consent of the competent department at the Ministry of Interior for the categories subject to the provisions of the Labour Law.
Second: Regarding the family procurement application, if the employment contract states that the employee shall have the right to bring his family, which can be indicated by allocation of a family accommodation allowance and air tickets for family when bringing them to reside in Qatar, the objection of procurement letter by the sponsor will be considered as a kind of arbitrariness in using the right. The employee “husband” may resort to the Labour Department to request for obliging the sponsor to implement the conditions of the contract and to approve the non-objection letter to bring the family. This litigation permits the employee “husband” to approach the Human Rights Department at the Ministry of Interior to transfer his sponsorship in accordance with the abovementioned law which sates that the Interior Minister or his deputy may transfer the sponsorship of the expatriate labourer temporarily if there are lawsuits between the sponsor and expatriate labourer.
Question: An investor is asking about rules and conditions of investment in Qatar and if there must be a Qatari partner with the foreign investor?
Answer:
Question: An employee was working with a company for one year, then he travelled on his annual leave. After the end of the leave, he resigned from the company by presenting a letter to his manager. After three years, he returned to work with the same company. Is he entitled to the end of service gratuity for the previous year?
Answer:
Question A worker joined a company and the company did not refer the competent authorities to complete the procedures required for residence. After five months, police detected that he has no residence. Therefore, he is asking if the worker can be legally accountable for getting no residence.
Answer:
the peninsula
Law No. 4/2004, concerning the regulation of entry, exit, residence and sponsorship of expatriates, states that the sponsor and the expatriate shall refer the competent authorities within seven days from the expatriate’s entry to the State in order to complete the residence permit or work visit visa.Each expatriate enters for residence in the State shall obtain a permit and the sponsor shall complete residence procedures and renew it, provided that renewal shall be done within maximum ninety days of its expiry.
The sponsor shall submit the sponsored party the latter’s passport after the completion of residence procedures or renewal.
Each one violates this will be penalised by a fine of maximum ten thousand riyals.
Article No. 10 of Labour Law 14/2004 states that the case of claiming the rights resulting from the provisions of Labour Law or the employment contract shall become void after the elapse of one year from the end of the contract. Consequently, the employee may not claim for the end of service gratuity after three years and the company should have settled the employee’s end of service gratuity once they accepted his resignation and transfer his entitlements to his bank account or in accordance with the agreement.Labour Law No. 14/2004 states that Employer shall settle the employee’s end of service gratuity, who worked for one year and more in addition to any amounts due to the employee after the end of his services. This gratuity shall be determined according to the agreement between the two parties, provided for it will not be less than three weeks salary for each service year. The employee shall be entitled for the gratuity for the parts of the year according to the period he spent in the service. The service shall be considered consecutive if it is terminated in the case other than the ones mentioned in Article (61) of the said law and he joined back to the service within two months from its end. The last basic salary shall be the base of the gratuity referred to and the employer shall have the right to deduct the gratuity from the amounts debited against the employee.
Should the employment contract end for any reason, the employer should pay the employee’s salary along with all due amounts before the end of the next working day of the end of contract only if the employee left the work according to the notification provided for in Article (49) of the said Law, the employer in this case should pay the employee his salary along with all other entitlements within maximum seven days form date of leaving the work.
Law No. 13 of 2000, concerning the regulation of foreign capital investment in the economic activity, states that foreign investor may invest in all sectors of the national economy, provided that they will have Qatari partner(s) of at least 51pc of the capital and the company should have been established in compliance with the provisions of the Law.Foreign investors may, by a resolution issued by the Minister of Economy and Trade, have more than 49pc up to 100pc of the project capital in the fields of agriculture, industry, health, education, tourism, development and exploitation of natural resources, energy or mining, provided that these investment shall be in compliance with the development strategy in the State and according to the project priorities that achieve the best exploitation of the raw materials available on the national level as well as the exporting industries using modern technology, in addition to the projects that nationalise famous world industries and the projects caring and qualifying national staff.
Foreign investors are prohibited to invest in the fields of banking, insurance, trading agencies and purchase of real estates.
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