Legal Consultations by Abdelaal A Khalil Thursday, 28 April 2011 00:49

Question: A resident asks about the temporary transfer of sponsorship because he had legal disputes with his sponsor. And according to Law No. 4/2009 to regulate the entry and exit of expatriates, their residence and sponsorship, how long will this procedure take?

Answer: According to Law No. 4/2009 to regulate the entry and exit of expatriates, their residence and sponsorship, the Minister of the Interior, or his designee, can ensure the transfer of foreign workers’ sponsorship temporarily, in case of lawsuits with the sponsor.

The minister or his designee can approve the sponsorship transfer of the worker who is not subject to the labour law in case the sponsor was proven abusive or if the public interest so requires.

It is permissible for the same reasons with the consent of the Minister or his deputy at the request of the worker and the approval of the Ministry of Labour to ensure the transfer of sponsorship of the worker subject the labour law to another employer.

Applying this to the question above, he can head to the Human Rights Department affiliated to the Ministry of Interior and submit a request explaining the dispute between him and the sponsor. He should also include the documents supporting his request and also submit a no-objection letter from the new sponsor. The Committee will consider the matter as a whole and decide whether to accept the request or reject the transfer of sponsorship.

In case the sponsorship is transferred, this is a temporary action until a final ruling is issued in the lawsuits between the worker and the employer.

Question: Some workers complain that the company where they work assigned them to work overtime up to four hours a day, but in return they only pay them for two hours. Is this act legal? Is there a way to correct the company’s mistake and force it to pay the full amount? What are the conditions for overtime work?

Answer:

Question: A person says that he travelled to Qatar to work with a hairdresser with a contract. However, after two months the sponsor asked him to find a job in some other place. He did not find a job or a new sponsor. Therefore, he left Qatar. He does not have a residence permit in his passport. He asks if it is permissible for him to enter the country again or if he has to spend at least two years to be able to enter the country again?

Answer:

The law No. 4/2009 on the organization of entry and exit of expatriates, their residence and sponsorship indicates that the sponsor should end the proceedings and renewal of residence within a period not exceeding nine days from the date of termination.
It also stipulates that a worker can not be granted a visa for two years after leaving Qatar.

By applying this in this case, we find that this person did not get a residence permit in Qatar and he left the country within the grace period. She can enter Qatar anytime without applying the two-year condition.
The Qatar Labour Law No. 14/2004 regarding the organisation of working time refers to the fact that the maximum normal working hours is 48 hours per week, eight hours per day in all months of the year, except during Ramadan. During this fasting month the working hours are only 36 hours a week. These working hours should include one or more periods of prayer, rest and food. These periods are not included in the calculation of working hours. While determining the working hours, it should be assured that the worker does not work for more than five consecutive hours.

The workers can be assigned to work for additional hours. However, the total working hours per day should never be more than ten hours. The employer should pay for the additional working hours with an increase no less than 25 per cent of the pay for the ordinary working hour. He should also pay to the workers who work between 9:00 p.m. to 3:00 a.m. with a 50 per cent increase except for the shift workers.

The law also indicates that the worker should be given a paid weekly rest, not less than 24 consecutive hours. Friday is the weekly day of rest for all workers with the exception of shift workers. If it was necessary for the worker to work on Friday, he should be given another day for rest or he should be given an increase of pay amounting to 150 per cent of his pay.

Any employer who contravenes these provisions should pay a fine of not less than two thousand riyals and not more than five thousand riyals.

Comments

0 #2 2011-05-18 07:46

My Name is Tony , I would like to know about RP Process of New born Baby

My Baby Being Delivered here in Qatar , My wife is not in my sponsorship she is in Hospital Sponsorship. i went to Immigration for for stamping the visa , they have rejected as they say wife change wife visa to my sponsorship. I do not have QR7000/ salary to sponsor child , But my wife and my salary together will come around 10000/- , can you guide us how to manage to get visa for my child ,

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