Doha/Gulf Times Special Report
Qatar has been undertaking wide-ranging labour market reforms in order to strengthen existing laws and improve the living and working conditions of workers in the country.
As part of the government’s ongoing efforts to better the lot of migrant workers in the country, the cabinet has given its green signal for the e
| #Proposed Wage Protection System (WPS) in the final stages of approval. #WPS mandatory for all companies, whether private, government or semi-government. #Cabinet’s green signal for the establishment of a special unit to ensure timely disbursement of wages. #Sponsorship (Kafala) system to be replaced with a system based on employment contracts. #Current exit permit system to be replaced with an automated system through the Ministry of Interior. #Employer will no longer be financially liable for employees. Financial obligations to be governed by Civil and Commercial law. # “Two-year ban” on re-entry to be revoked #Penalty for confiscating worker's passport raised from QR10,000 to QR50,000 #Appropriate housing for workers #SC incorporates a set of principles and standards for workers’ welfare into all of their contracts. #Qatar Foundation introduces sweeping measures to guarantee fair employment practices by contractors #Strict provisions of punishment for violators |
stablishment of a special unit that would ensure timely disbursement of wages. The unit for wage protection will be established at the Department of Labour Inspection.
The cabinet has also approved a draft decision by the labour minister on a “wage protection system” (WPS) which made it compulsory for employers to pay workers covered by the labour law through banks. The draft decision included a commitment by employers to pay workers by crediting their wages to banks and financial institutions within seven days of the due date. All employers are required to “adjust their situation” in line with the provisions of the decision.
Violators may be prevented from acquiring new work permits, via a ministerial decision. If the employer fails to transfer wages one month after the due date, their transactions with the ministry may be put on hold. The suspension does not include ratification of work contracts though, and it shall be lifted when the employer provides proof for the transfer of outstanding wages.
The draft decision on setting up a section for wage protection stipulates that the new unit will make sure workers’ payments are made on time in collaboration with other state entities.
The recommendations of the draft decision include the creation of a comprehensive electronic system which will be handled by Qatar Central Bank (QCB). It will be managed jointly with the Ministry of Interior, the Ministry of Labour and Social Affairs, and the financial institutions, establishments and companies.
The recommendations stipulate the amendment of Articles 1, 66 and 145 of the Labour Law issued as Law No. 14 of 2004.
Last week, the Minister of Labour and Social Affairs, H E Dr Abdullah bin Saleh Mubarak al- Khulaifi, disclosed that the proposed electronic salary transfer system whereby all workers in the country are to be paid via banks, exchange houses and other financial institutions, was in the final stages of approval.
About amendments being made to other provisions of the labour law to help strengthen mechanisms to protect the rights of foreign workers, the minister said preparations were under way to issue those amendments as well.
“The amendments are to be issued along with the amended sponsorship law, which also covers exit permit rules,” said the minister.
“These amendments (to the sponsorship law) are being made by the Ministry of Interior,” the minister clarified.
An extensive database is being developed by the Ministry of Interior and the Ministry of Labour and Social Welfare which will specify who is to be included in the ‘Wage Protection System’ and who is not.
Banking regulator, the Qatar Central Bank (QCB), has asked all banks to provide account details of all their customers.
On the other hand, companies have been asked to provide the labour ministry with salary details of all their employees.
The Wage Protection System will be mandatory for all companies, whether private, government or semi-government. Workers would need to be paid salaries in the first week of every month through bank transfers. Delays would attract punitive action in the form of fines.
The government has initiated the new measure to strictly monitor employers and make sure that no worker is denied his wages and everybody is paid on time.
The cabinet has also approved a draft decision by the Minister of Labour and Social Affairs amending some provisions of Law No. 17 of 2005 on defining the terms and conditions of appropriate housing for workers.
In May this year , Qatar said it will abolish the sponsorship (Kafala) system and replace it with a "system based on employment contracts".
Announcing the measure, Brig Mohamed Ahmed al -Atiq, Assistant Director-General of General Directorate of Border, Passports and Expatriate Affairs at Ministry of Interior (MoI), said the proposed law would apply to all expatriates, under company or personal sponsorship, including domestic workers.
Under the proposed law, the current exit permit system, which requires the employer's consent for an employee to leave the country, will be replaced with an automated system through the Ministry of Interior. The "Metrash 2" e-government system will automatically grant an exit permit to an employee after a 72-hour grace period prior to departure, according to the Ministry of Labour (MoL) .
No objection certificates, which currently regulate the transfer of employees to a different employer, will be also replaced with the 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 contract is of an indefinite duration, the employee may transfer to another employer after five years from the date of the contract.
The employer will no longer be financially liable for their employee. Any financial obligations incurred by the employee while in Qatar will be governed by the State's Civil and Commercial law.
The penalty for confiscating the worker's passport has been raised from QR10,000 to QR50,000. The two-year period that a worker must spend outside Qatar in case his residence permit is cancelled is no longer needed in the awaited law, said Atiq.
However, the amendments will not contain any rule on minimum wage as salaries will be determined according to the demand and supply situation.
Under the proposed law, a worker can work day and night shifts with two separate employers in case both of them agree, Atiq said.
He added that the contracts between the employers and employees will be guided by a model contract.
Besides, several organisations like the Qatar Foundation and the Supreme Committee for Delivery & Legacy (SC) have implemented welfare standards to guarantee workers' rights by curbing unfair employment practices.
This is in sharp contrast to the reports being published from time to time in the Western media about unfair labour practices being rampant in Qatar. The Guardian and the Telegraph in particular continue to carry stories and features that could be best described as prejudiced in its approach and propaganda in its execution.
Sweeping measures are currently being introduced across Qatar Foundation to ensure the application of fair employment principles for all migrant workers engaged in construction and other service activities. The central objective of this large-scale project is the effective execution of a comprehensive set of standards that can guarantee the rights of workers at all stages of the migration cycle − from the moment they are recruited and until they are repatriated to their home countries.
The new regulations are based upon a holistic and principled approach that combines Qatari Labour Law and international best practice. In October of last year, Qatar Foundation signed the Migrant Workers Welfare Charter, a strong reflection of the organisation’s belief that dignified living and working conditions are absolutely essential to unlocking human potential and indispensable to the Foundation’s mission of raising the quality of life for all workers in Qatar.
This welfare initiative also marks the establishment of a fully functional Workers’ Welfare Department, which will ensure that all rules and protocols are being followed by respective parties, while pushing for continuous improvement and development.
The Supreme Committee for Delivery & Legacy has introduced steps to ensure that every worker gets a safe, healthy, and humane working and living conditions. The SC is committed to ensuring the welfare of all workers on its projects.
The SC has developed a robust workers’ welfare strategy through extensive consultation with experts and a broad range of stakeholders committed to improving the conditions of workers in Qatar and across the world. "We continue to engage with FIFA; the International Labour Organization; leading NGOs, including Human Rights Watch (HRW) and Amnesty International; and with leading government stakeholders in Qatar, the Middle East and Europe," a SC statement says.
Since winning the right to host the 2022 FIFA World Cup Qatar, the SC has developed a set of principles and standards for workers’ welfare, which are incorporated into all of their contracts. The Workers’ Welfare Charter, which was released in March 2013, sets out principles and values that define the work of the SC. These principles demand that all individuals contributing to the delivery of SC projects are treated with respect and dignity, in accordance with universally accepted principles of human rights. The Workers’ Welfare Standards, which were released in February 2014, are a set of mandatory, contractually-binding rules that ensure that companies working on SC projects are operating in line with the principles and values outlined in the Workers’ Welfare Charter.
