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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Lawyer

Dear Sir,Last November, 2018, I invited the third...

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Dear Sir,Last November, 2018, I invited the third of my four sons, JB Manuel Pascual, to come to Qatar as a tourist and seek job opportunity at the same time. I want him, as a father, to get a good job here in Qatar while he's still young, so he can start preparing for his future and for his family in a not so far future.On Decmber 5, 2018, he was hired by Downtown Restaurant as a waiter. He complied with all the requirements including Medical exams and clearances, and was issued with Iqama afterwards.The salary schedule he received was as follows:Deceber - delayed, received on JanuaryJanuary - delayedFebruary - no salary was givenOn March 18, my son called me and told me that he's starving...I felt so pity for my son. I decided to contact their HR, and the HR told me that they are not aware that the employees are not provided with food. I told them that they should be aware of this since it's in their employees' contract and these employees are not receiving any salary from the company. On March 27, Downtown Restaurant closed down. It has not provided its employees the salaries due their employees up to April.My son has no money to buy food and fend for himself. I doing all my best to find extra ways to earn so I can support him. I borrow money from friends or lending companies just so I can take care of him for the time being.My work here is just a janitor, earning just enough for my family in the Philippines. The reason why I took my son here is because I want him to have better life and be more prepared if he decides to have a family. Now, I'm having difficulty managing my finances for my family back home, my son here, and the debts I'm obliged to fulfill.According to my son, their HR told him that those employees with less that one year of employment may opt to go to their home country, but it's the employee's personal expense since the company has declared that they have no money anymore.I also messaged the HR Manager, but he claims that "I'm just following the instructions of my superior." And according to my son, the company owner cannot be contacted anymore.I told my son to work on just getting NOC for Release or NOC To Return to Qatar with cancelled Visa. The company replied to him " No! Iwill not give you NOC. You can work anywhere, but not in Qatar!"There were about 22 of them living in an accommodation for shelter, while the female employees are with another place. All of them have families hoping for them to help them have a decent living by at least eating three times a day, and schooling for the children.I asked our Mandub, and told me that it is in Qatar Law that an employee has to have rendered one year of employment before he can be issued with NOC. What will happen to my child now? Will he wait for one year before he can apply for a job here?If he goes back to the Philippines, he will be banned to go back to Qatar for five years. He's got no money anymore.My son used to have tough disposition in life. But now he's traumatized with what happened to him. All his hopes from this beautiful country went down the drain..Please help us release my son from that company. According to them, it will never re-open.Please help us find him another job. A few companies have accepted him already, but they cannot officialize his employment because he's still tied up with Downtown Restaurant.Please help my child..this is for his future. As a father, I want to see my children stable, that even if I pass away, I know they can become good fathers and husbands. I still believe Qatar is a very beautiful country, that treats people with equality. The King is very kind. I want my child feel thes too.Please help us..Edmond Olaes PascualFather.
Lawyer's Assistant: Where are you located? It matters because laws vary by location
Labor City Industrial qatar
Lawyer's Assistant: Has anything been filed or reported?
None
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
Only if there is chance myson can find another job without NOC because his employer dont like to give it even though his restaurant is already close

إطرح سؤالك

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

Dear Customer,                                                       
Thanks for joining and trusting us, much appreciated!

We would like to inform you that according to Qatar law, the sponsorship can only be transferred with the consent of the sponsor if the contract of employment is limited but the sponsorship may be transferred to a new sponsor if the term of the contract ends or five years have elapsed on the employment contract of unlimited contract.

We advise you to refer the matter to the management of human rights and explain the problem, perhaps they will be able to provide the necessary assistance.
Please note that Jawabkom is a private consultation website and has no relationship with any governmental or non-governmental entities.
Here is the text of the residence Law concerning your inquiry:

Article 21:
The employer, the Competent Authorities, and the Ministry of Labor and Social Affairs may agree to transfer the Foreign National laborer to another employer before the time limit in the contract has been reached or after five years of working for the employer if the contract did not specify a time period.
 The Foreign National laborer may, with authorization from the Competent Authorities and the Ministry of Labor and Social Affairs, transfer to another employer in the event of the Recruiter’s death or dissolution of the body corporate for any reason.
In all cases, the employer serving as the Recruiter shall not have his legal rights, or the contract between him and Foreign National, violated, in accordance with the referenced Labor Law.
Article (22)
The Minister or his representative may authorize the temporary transfer of a Foreign National laborer to another employer in the event of a legal suit existing between the Foreign National and his Recruiter, on the condition that the Ministry of Labor and Social Affairs agrees, as regards the laborer who is subject to the referenced Labor Law.
The Minister or his representative may authorize the transfer of a Foreign National laborer who is not subject to the referenced Labor Law to another employer if proven that the Recruiter was abusive, or if required by the general welfare.
For the same reasons, with the consent of the Minister or his deputy, upon the application of the applicant for employment and the approval of the Ministry of Labor and Social Affairs, the arrival shall be transferred to another employer.
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Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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