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Doha Events 2011
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Legal consultation: by Abdelaal A Khalil Thursday, 02 June 2011 01:48
Question:
A company wants to set up a panel to regulate the work for its staff according to labour law. Therefore, the responsible people in the company are asking for legal procedures to be followed to develop a panel to regulate the work in the company and how it will be approved by the Department of Labour?
Answer:
The questioner can seek the guidance from a decision of the Minister of Civil Service and Housing Affairs (Minister of Labour now) No. 7 of 2005, by issuing a pattern of panel of sanctions whereas each institution subject to the provisions of labour law shall develop a panel of violations, appropriate sanctions, working conditions and the nature of the institution taking into account the ratification by the Department of Labour.
The company must display the panel names in a visible place at the institution to inform the workers. The panel shall be implemented to them after fifteen days from the date of its announcement.
Question:
An employee working with a company invests his savings with another company. He feels that the relationship between him and the company which sponsors him is on the verge of an end and the company refuses to agree to transfer sponsorship to another company. Is he able to return to Qatar before the passage of two years as a partner in a corporation which exercises its activities in Qatar?
Answer:
The law on transfer of sponsorship points out that the competent authority can transfer the sponsorship of the expatriate to other employer by a written agreement between the new employer and former employer and after the approval of the competent authority in the Ministry of Labour for the categories subject to the provisions of the Labour Law. The transfer of sponsorship shall result in replacing the former sponsor by new sponsor in all of his obligations, expiration of sponsorship for the former sponsor and his discharge from his obligations.
Thus, the employer alone shall be responsible for the sponsorship of expatriate and it is not allowed for the questioner to work with the company in which he partners without the consent of the current sponsor whereas it is prohibited by the sponsorship law to grant a visa to the expatriate who already resided in the state for work only after the passage of two years from the date of departure. Therefore, the employee has to get the approval of the current sponsor to transfer the sponsorship to the company in which he has share and in this way he shall remain resident in the country legally.
The sponsorship Law No. 4 / 2009 points out that every expatriate who has been granted a visa to enter the state must have a sponsor. The sponsor must have a residence, whether he is a natural person or juristic person he must be a Qatari or be an expatriate who is a resident in the state in accordance with the law. If the sponsor is a juristic person his headquarter or his administrative branch has to be in the state.The Labour Law No. 14/2004 in this regard points out that the employer who uses ten or more workers has to develop a panel to regulate the work in the institution and in order to implement the panel and any of its amendment; the same must be submitted to the Department of Labour. It shall be considered as approved if the department did not respond to it within one month from the date of submission.