Qatar’s new law regulating the entry, exit and residency of expatriates comes into effect today. It has received mixed response from foreign workers in the country.
Some expatriates fear that the new law still gives employers too much power over employees. But others believe it gives foreign workers a new way out by giving the state a broader role to play, especially in case of a dispute with the employer.
Law No 21 of 2015 affects the 2.1 million foreigners who make up more than 85 percent of the population of Qatar, and over 93 percent of the workforce.
The law’s key reforms include options for workers to change jobs at the end of their contract and apply for exit permits without their current employer’s approval. Authorities purport that the new law abolishes the existing Kafala system, replacing it with a contract-based system. However, as MRRORS.org earlier analysis revealed, the law appears to repackage old practices and continues to be restrictive. Some of the worst practices of the current system remain, including the exit permit requirement, and a loophole allowing passport confiscation.
Lack of clarity
An Australian working in the healthcare sector observes that at the end the employer has a role to play in changing jobs and giving an exit permit. "With the experience of how things happen in Doha. we never know whether the facts presented by the employer or by the expatriate will be taken into consideration by the ministries and committees. On surface the new law might look hopeful, but only after implementation, will we actually see how it works. So it’s a let’s wait...”
Sri Lankan expatriate Gayan Ratanakye, an accounting professional who has lived in Doha for more than 10 years, seems even less hopeful. “I find the law more complicated. Earlier, if we decide to change jobs we would ask the employer; if he allows will move or not. But now the ministry gets involved, I don’t think we will be given an opportunity to discuss and negotiate. If they allow us to take the new job, it will be fine. But what if they refuse? What happens next remains a question and it puts us in a risky situation.”
An Egyptian IT professional also dismisses the reforms, “Nothing has changed. It is the same. Still you can’t change jobs just like that. You still need all types of permissions. One can’t just buy a ticket and go to the airport and go home. Be from the employer or the government, you still need to get permission,”
“Reasonable changes”
Another expatriate worker, a managing director of a limousine company with over 100 expatriate employees, sees benefits in the law’s limited reforms: “Allowing an expatriate to switch jobs only when their contract is over or after five years if it’s an open-ended contract is reasonable for both the company and the employee. In a time of an dispute the committee will hear to grievances of both sides, so the employer cannot do injustice to the foreign worker; and similarly the employee, if they’ve done something wrong, cannot get away with if.”
“The law will be really favorable to low income workers in several ways. Now many are promised a salary before leaving their country and once they arrive are paid far less. The new law makes it compulsory to sign a contract which cannot be changed once the employee come here. And we know there are many low income workers who have disputes especially regarding wages with the employers, the new law will help them a lot in such situations. But the law may not be as effective from the perspective of white collar workers. However, the new law gives a framework to protect all types of workers,” holds Mohamed, a Sudanese translator, who has lived in Qatar for five years.
