Article 45

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Coercive, unfair or deceptive recruitment Employment contracts

Employers are prohibited from demanding workers to perform work different from what they had agreed to in the original employment contract.

Notes

Article 38 and Article 45 both ensure that the work a worker will be required to undertake, and the terms upon which he undertakes it, will be set out in his contract.

There is no requirement, however, for the employment contract to be written in a language other than Arabic, or explained to the worker, regardless of whether the worker is literate or understands Arabic. There is a great deal of anecdotal evidence to indicate that the terms of the contract and description of the work provided to the worker by a recruitment agent in their country of origin can differ significantly from the terms set out in the actual employment contract entered into in Qatar.

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Article 45. The Employer may not ask the Worker to perform Work other than the Work agreed upon unless for the prevention of an accident or to correct the consequences therefrom or in the case of force majeure, provided that the Worker shall be paid the entitlement accruing therefrom.

As an exception to the foregoing, the Employer may ask the Worker to perform Work other than the Work agreed upon if it is Temporary Work or if the Work is not essentially different from the original Work and entails no insult to the Worker and provided that the Remuneration of the Worker shall not be reduced.

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.