Article 15

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Abuse of vulnerability Coercive, unfair or deceptive recruitment Immigration status

Article 15 provides that migrant workers may only lawfully work for the natural or legal person who recruited them as employees for sponsorship purposes. It also bans sponsors from employing unsponsored staff, and from allowing their staff to work for other entities or employers.

Notes

The combined effect ofArticle 15 andArticle 22 is to restrict a worker’s ability to change employer without the written agreement of his current employer. This creates the opportunity for abusive employers to prevent workers from leaving their employment, by refusing to grant written permission to transfer sponsors, or to insist on inappropriate conditions to that permission being granted, such as the repayment of recruitment fees or travel expenses.

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 15.

No natural or juristic person may allow expatriates recruited as employees to work for any other entities, nor may they employ staffs who are not sponsored by them. The competent authority may, exceptionally, allow the sponsor to second its Expatriate employees to another employer for no more than six months, with the option to renew for a similar period. Subject to the written approval of the sponsor, the competent authority may allow such Expatriate to work on a part-time basis for a different employer at times other than the designated working hours of his original employer. In all cases, the, approval of the Ministry of Labor must be sought for the job categories which are subject to the provisions of the Labor Law. Permits may not be assigned for third parties nor may they be disposed of or circulated by third parties in any other way whatsoever, whether or not such assignment is against consideration.

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.