Mohammed Hassan Al Obaidli
Assistant Undersecretary for Labour Affairs at the Ministry of Administrative Development, Labour and Social Affairs, Mohammed Hassan Al Obaidli, has said that a worker is required to attach his resignation copy with the application for job change. He said that signature and stamp of the new company is also needed where a worker wants to transfer.
Al-Obaidli stressed that the new labour law has many advantages for employers.
"For instance, the employer can terminate a contract with a specified duration before it expires without the need to pay the worker for the remaining period.
"In the previous law, the employer was obliged in such cases to pay all the dues of the worker for the remaining period of the contract.
For those who want to change employers, "the new company has to be fully compliant with the Labour Law and Wage Protection System and have an approval for an entry work Visa for the same nationality of the worker who wishes to join.
"The new company also should be active and working with real business and projects. Other conditions include that the worker must attach his resignation from the old company and a letter signed and stamped by the new company indicating the job offer.
"The application can be approved or rejected by the MADLSA after processing. In case of approval of transfer, the worker has to abide by the notice period of one month for less than two years of employment and two months for two years or more."
Meanwhile, al-Obaidli stressed that the freedom to transfer from one employer to another is restricted and the employer has the right to object, for instance if the transfer request is to a competing company.
"The old employer can also demand from the new employer reimbursement of any expenses incurred for the qualification and training of the worker concerned, such as the fees for a driver's licence, in applicable cases. All such issues should be mentioned in the employment contract."
Al Obidli said that that the employer has right to claim for any charges and cost related to training the workers and obtaining driving license from new employer as per the law which safeguard the rights of employer and employee.
“It is mandatory for employer and worker as well to comply to the job contract because both parties have rights and liabilities for each other,” said Al Obaidli.
He said that if a worker violated the clauses of job contract or provisions of labor law and left the country cannot return to Qatar for a year.
He said that the Ministry of Administrative Development, Labor and Social Affairs is very cooperative with small and medium enterprises (SMEs). “During coming times, the coordination will be more through Qatar Development Bank which takes care of these projects.”
“In case of transfer of the workers from these companies they will be compensated with new visas for hiring workers,” he added.
Speaking about resuming the process of issuing approval for labour recruitment, Al Obaidli said: “The service was suspended due to COVID-19 which had shut down the airports all over the world.
With gradual lifting of coronvirus restrictions on travel, the Ministry decided to resume the service due to need of oversees workers for ongoing projects.”
Regarding future plan to hire workers, he said that the Ministry targeted skilled and specialised workforce.