Abuse of vulnerability Immigration status
Article 25 provides that the Minister shall cancel a worker’s work permit if the worker is carrying out work different from that established in the permit; if the worker is not in possession of a residence permit; if the worker discontinues his or her employment without justification; if the worker works for an employer other than the employer the worker has been granted the work permit to work with; or if the worker is dismissed on disciplinary grounds.
The cancellation of workers permits for carrying out work different from that established in the permit could contribute to increasing workers’ vulnerability to certain deceptive recruitment practices such as contract substitution. Workers may be less likely to come forward and make complaints regarding deception during the recruitment process and contract substitution (the practice of substituting the initial contract of a worker at his or her arrival at the destination country, for a contract with different conditions or for the engagement of the worker in work of a different nature from the work originally agreed upon). Furthermore, workers may also lose their work permit if they engage in work for a different employer than the emplower the worker has been granted a permit to work with, or if he or she is dismissed on disciplinary grounds. This renders workers particularly vulnerable to coertion through abuse of the worker’s migration status.
Article 25. The Minister may cancel the work permit granted to a non-Qatari worker in the following instances:-
- If the worker fails to satisfy either of condition (2) or (3) provided for in Article (23) of this law.
- If the worker discontinues the employment for a cause related to him without acceptable excuse for more than three months.
- If the worker works for an employer other than the employer the worker has been granted the work permit to work with.
- Dismissal of the worker on disciplinary grounds.
Law / Qatar / Labour Law No. 14 of 2004
Qatar Labour Law 2004 governs the terms of employment of the majority of workers working in Qatar. The Labour Law sets out the minimum entitlements of workers employed in Qatar, and as such, it contains a number of important protections for workers, prohibits child labour, prohibits recruiting foreign workers by or through unlicensed recruiters or agencies,bans recruitment agencies from charging recruitment fees, and provides for mechanisms to enforce its provisions.
Any stipulations contrary to the provisions of the Labour Law are void unless more advantageous to the employee.