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Legal Corner: Regulation of secondment in Qatar

March 07, 2012 - 11:44:44 pm

Article (15) of sponsorship Law No. (4) of 2009 on the regulation of the entry and exit of expatriates, their residence and sponsorship points out that it is prohibited for any natural and legal person to allow for the expatriates, who have been recruited for work, to work with other parties or to use the workers who are not sponsored by him. The authority which is bound to implement the law, with an exception of what has been mentioned above, can permit the sponsor to transfer his expatriate employees to another employer to work for him for a period not exceeding six months, renewable for another similar period.

The authority can also permit the expatriate to work for some time with the other party in his non-working hours if his sponsor approved the same in writing.

It is prohibited to waive the visas for others or dispose of them in any or their trade by third parties, whether the waiving or disposition or trading is done with charges or without the same.

Anyone who violates any of these provisions shall be punished by imprisonment for a period not exceeding three years and a fine not exceeding QR50,000 or either of them.

In case of recurrence the guilty shall be punished by an imprisonment for not less than fifteen days and not exceeding three years and a fine of not less than twenty thousand riyals and not more than one hundred thousand riyals.

The accused shall be considered as recurrent if he commits a similar offense within one year from date of completion of the implementation of the sentence or the drop of the same with the lapse of time. In all cases, one must get the approval by the Ministry of Labor for the categories subject to the provisions of the Labor Law No. 14/2004 which states that non-Qatari workers can be utilised only after the approval by the Department of Labor and receiving a license to work in the state according to the rules and procedures decided by the ministry.

In order to grant the work permit for a non-Qatari, there must not be a Qatari worker recorded in the registers of Department of Labor.

He must be eligible to perform the work for which licence is required.

He must have obtained a residence permit and be medically fit while the validity of work permit is determined by the duration of residence.

Regarding the secondment the law requires that the period of secondment must be six months renewable for one term only and during this period the relationship between the seconded person and the employer is subject to the provisions of the Qatar Labor Law No. 14/2004 under an employment contract which includes the rights and obligations of the parties and the relationship of the sponsor with his seconded employee is limited to two things only which include the issuance of exit and renewal of residence permit.

We will mention the rights of seconded employees and collaborators in detail in another article.