7/18/2014 Qatars Kafala challenge; When changes are implemented, will anything change at all?

| JustHere
http://www.justhere.qa/2014/06/qatars-kafala-challenge-changes-implemented-will-anything-change/ 1/3
FEATURED POST
JUSTHERE TV
BORN THIS WAY
Shiva Singh
July 12, 2014
0 Tweet 27
Qatar in Focus
Qatars Kafala challenge; When changes
are implemented, will anything change at
all?
Over the last fortnight, Qatar has continuously been the focus of
international news, little of which has been positive. Bribery
allegations surrounding its successful FIFA 2022 bid, Taliban
leaders being released to Qatar, and the continuing criticism of
its labour laws.
With the last at least, Qatar had shown some progress, when it proposed changes to its severely-criticised Kafala system
on May 14. The changes announced were not significant enough, and is pending both the cabinets approval and the
Qatar Chamber of Commerce and Industrys blessings. But it was no doubt a move in the right direction, sticking closely
to all the recommendations made by the law firm DLA Piper. The firm was entrusted with the task of looking into
allegations of abuse of labour rights.
Even at that point, many rights activists were concerned that even those change didnt go far enough, that it might just be
a new name for old, exploitative practices.
However, a recent announcement by the Mi ni ster of Labour and Soci al Af f ai rs Dr Abdul l ah bi n Sal eh
Mubarak Al Khul ai f i , provi des more cause f or concern.
Speaking at the recent International Labour Conference in Geneva, he said that changes would be implemented soon, and
that both the NOC and Exit Permits would be decided in the contract the worker signs. This in effect means, nothing
changes from the current Kafala or sponsorship system.
The table below illustrates how little might actually change, even if the changes on the three main issues (sponsorship,
NOC, exit permits) are approved by both the cabinet and QCCI.
Current System Current Challenges Proposed Changes New Challenges
Kafala system
(sponsorship system),
This gives the
employer almost
Kafala or sponsorship system will be
replaced with a system based on
From the limited information that was shared,
it appears that little may change.For the period
Vani
Saraswathi
On June 8,
2014
13 Like
3 Comments
July 18, 2014, 3:04 pm
Search...
Opinion People Qatar in Focus Make It Home Business JustHere TV Team JustHere
JustHere | July 18, 2014 About Us Advertise Contact Us
7/18/2014 Qatars Kafala challenge; When changes are implemented, will anything change at all? | JustHere
http://www.justhere.qa/2014/06/qatars-kafala-challenge-changes-implemented-will-anything-change/ 2/3
TAGS
KAFALA MIGRANT RIGHTS MIGRANT WORKERS IN QATAR
Reply
Reply
whereby an employee
is tied to his employer
(company or
individual).
unlimited power over
his/her employee.
Those who fall in the
low-income, unskilled
group, and domestic
workers categories are
most vulnerable
employment contracts. of the work contract that could be anywhere
between one to five years, the employers will
continue to have complete control over their
foreign employees, not so dissimilar from the
current kafala system.
NOC or No
Objection
Certificate. As per
law, an individual can
switch jobs only if an
individual employer
chooses to give a
release or NOC, but is
not required to do so
by law.
Even if the contract is
violated by way of non-
payment of wages or other
kinds of abuse, the
employee cannot change
jobs unless the employer
deigns to provide an NOC.
NOC (No Objection Certificate) will
be replaced by an employment
contract, and employees can change
jobs at the end of contract. If
contract is for indefinite period, then
after 5 years. A new model contract
will be shared with companies soon,
that includes new terms and
conditions.
However, the Ministers recent statement
seems to be at odds with what was proposed
last month.(See below)
Exit Permit.No
expatriate (except
wives, daughters and
minor sons sponsored
by the husband) can
leave the country
without the sponsors
permission.
This violates the most
rudimentary human
rights, where freedom of
mobility, is curtailed.
Exit permits through
automated system ( Metrash 2)
and doesnt require employers
approval.The exit permit will be
issued by the Ministry of Interior and
not by the employer. However, there
will be a 72-hour wait period for
employer to raise any objections
he/she might have.
The exit permit stays. Only the issuing authority
changes.Moreover, the Minister of Social and
Labour Affairs, however, said in Geneva:The
contract will decide whether a worker needs
exit permit or not to leave the country. And
whether he gets no-objection certificate to take
up another job at the end of the contract
would also be decided by this contract.
(See The Peninsula report in English.)
After last months announcement, Amnestys James Lynch had said: The government claims it is abolishing the
sponsorship system, but this sounds like a change of name rather than substantive reform. In particular, it remains
unclear how proposed reforms to the exit permit will work in practice, and whether under the new proposal employers
will retain the ability to object to workers leaving the country.
But after the Ministers statement in Geneva, Lynch feels that those proposed Qatari labour reforms may be even less
significant than first thought.
Without a question labour law reforms are closely linked to Qatars desire to hold the World Cup, but its needs for the
large labour force does not hinge on football alone. There is infrastructure to be developed, a country to be built. This is
a great opportunity for Qatar to prove its detractors wrong, and do the correct thing. After all, the rights (and dreams) of
a million plus low-income workers depends on it.

Copyright 2013 JustHere Qatar. Reproduction of material from any JustHere Qatar pages without written permission is strictly prohibited.
Comments
June 8, 2014
Mr. Q
In some cases the new NOC system is worse.
Unlimited contract means the term is at least 5 years.
Where before it was a fixed 2 years.
So if you worked for a business for 1 year, got a better offer, youd have to wait it out for 4 years instead of the
previous 2.
June 9, 2014
Mr. Anonymous
Edit Post
7/18/2014 Qatars Kafala challenge; When changes are implemented, will anything change at all? | JustHere
http://www.justhere.qa/2014/06/qatars-kafala-challenge-changes-implemented-will-anything-change/ 3/3

Copyright 2013 JustHere.qa
Home | Columns | Faces | Qatar in Focus | Lifestyle | Make it home | Art & Culture | JustHere TV | Team
JustHere | Advertise | Contact Us | About Us
Connect with us
Reply
The changes that they said was a bulls**t they just wanted to continue enslaving others because they dont
like other nationalities to be superior to them. All i can say is, the law that they have right now is so stupid to
the point that companies are abusing it. Better change your laws Qatar if you want your country to progress.
June 10, 2014
fathima
in present employers asking lot of money for NOC.this is really breaking human rights.much better to approve
the new law for the health of country and workers.otherwise qatar promises remain as broken.
Submit a Comment
Logged in as JustHere Qatar. Logout.
MESSAGE*
RECEIVE NEWS UPDATES VIA EMAIL FROM THIS SITE
Post Comment