Article 12

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Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status

Article 12 allows for a change of sponsor in certain cases (i.e. abuse by the employer) and provides that the Ministry of Interior can afford an exit permit to the migrant worker if the sponsor who refuses to do so cannot bring a case against the migrant before the courts.

Notes

Activists and NGOs point to exit permits as a significant issue, trapping workers in a situation where they cannot leave the country. Exit permits have also been used as a blackmailing tool by employers, to force workers to sign documents stating that they had received all of their due wages, while in reality they had not been paid for months.

This provision has been amended by Law No. 21 of 2015 on the Regulation of the Entry and Exit of Expatriates. Changes will enter into force 1 year after the publication of Law 21/2015, on the 27th of October 2016.

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Article 12.

Should any legal action be pending between a sponsor and an employee who is an Expatriate, the Minister or his appointed deputy may temporarily transfer the employee to another employer. The Minister or his appointed deputy may approve the transfer of the residence of an Expatriate employee who is not subject to the Labour Law to another employer in the case that the sponsor in question proves to be abusive or if public interest so requires. An employee who is subject to the Labour Law may on request, for the same reasons, subject to the approval of the Minister or his appointed deputy and the approval of the Ministry of Labour, have his residence transferred to another employer.

Law /Qatar / Law No. 4 of 2009 Regarding Regulation of Expatriates' Entry, Departure, Residence and Sponsorship (the Sponsorship or Kafala Law)

The Sponsorship Law sets out the framework through which expatriate workers are permitted to reside and work in Qatar, restricting their ability to work for an employer other than their sponsor and imposing requirements related to their ability to exit Qatar (such as the requirement to obtain a permit to exit).The sponsorship law has been heavily criticised for establishing a framework that creates conditions under which forced labour can result from the actions of abusive employers. It is expected that the sponsorship system set out in the law will be the subject of reform to address those criticisms.

This Law has been amended by Law No. 21 of 2015 on the Regulation of the Entry and Exit of Expatriates. Changes will enter into force 1 year after the publication of Law 21/2015, on the 27th of October 2016.