إسأل Lawyer الآن
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
need to ask a question
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
hae sir my question is am working here in Qatar ....and after I finish my contract ....I want to change the job.......how long can I take or stay so that I can issued another working permit
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that if your work contract expires and according to the new decisions, you can apply for a new permit in accordance with the legal procedures followed without the need for the sponsor’s approval by following the procedures below:
1- Fill out an application with the recruitment committee, and then stamp and sign the new company.
2- Matching signatures and seals from the Passports Department.
3- A copy of the passport of the employee or worker with residency.
4- A copy of the company's commercial registration.
5- A copy of the company's registration
6- A copy of the company’s licenses.
7- No objection letter from the company he was transferred to.
8- A certificate of good conduct and behavior from your country's embassy, and certified by the Qatari Ministry of Foreign Affairs, with the need to have a letter of authorization for the applicant to clear the certification transaction at the Qatari Ministry of Foreign Affairs
الرد من العميل
according to these law ...is it a must you finish your previous contract,??
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
what could be the disadvantages and advantages of termination of contract
الرد من العميل
with these new law
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Article (49)
If the service contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:
1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination if the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
2. In all other cases the notification shall be given in accordance with the following periods:
A) If the period of service is less than one year the notification period shall be at least one week.
B) If the period of service is more than one year and less than five years the notification period shall be at least two weeks.
C) If the service period is more than five years the notification period shall be at least one month. If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.
الرد من العميل
the best way if you have finish your 1yr contract and you want the new job here the best way a head forward ......or the office you suppose to go to get help to assist you in all these so that you will follow the legal procedure is which one
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
thanks very much for help... because of you have understand everything
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We are always at your service
الرد من العميل
sorry attorney I forget to ask, is these law also govern domestic workers,??
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
hae sir, is there by chance a person can also search for a free visa while here
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We would like to inform you that if you mean the freelance visa then this is against the UAE Labor Law, as the worker shall has sponsor in UAE and the sponsor shall issue work visa legally by paying money for that and you can’t work with other job as this violation against the work permit.
However, if you mean the visit visa to look for job, then you can get one according to the above procedures, and you have to comply with the residence on the visa, as after that the law grants you 30 days to correct the situation or leave the country to avoid the overstay fines, and after getting permit from the Ministry of Labor then you have to correct your situation according to the law.
Article 11 UAE Immigration and Residence Law:
If the visa is for a visit, the foreigner is not entitled to work anywhere in the country, whether paid or unpaid or as an employer.
If the visa is to work for any person or institution, the owner is not entitled to work with that person or other institution except with his consent or written consent and the approval of the Citizenship and Immigration Administration.
Article 42 of the Executive Regulations of the Immigration and Residence Law
The amendment of the status of foreigners coming to the country under permits or visas for the visit to a residence to take into account the following:
(1) The foreigner obtains the approval of the Ministry of Labor and Social Affairs or the approval of the competent official bodies not subject to the Labor Law, in order to reside on the sponsorship of the sponsor who obtained the visit visa according to the conditions and procedures required by the official authorities.
2) Collection of the exemption fee from the departure requirement specified by the Council of Ministers Resolution No. (6) for the year 1994 regarding the amendment and introduction of certain fees for the transactions of the departments of nationality, residence, traffic and arms licenses in case of employment in the private sector.
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الرد من العميل
thank you attorney, you have help me to know more about the law of U EA
الرد من العميل
hae sir during the process of changing the sponsor ship you talked about the good conduct and the behaviour from my embassy, so that qatari ministry of foreign affairs in the need to have a letter ,.my question is how will I be able to get that good..conduct because I suppose to do in my country
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
am asking when am already in U A E
الرد من العميل
and I left my Good conduct in kenya
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
sir am trying to read the new law it seems I don't get it... please help me more to understand.....my visa is for 5yrs renewed after every 1yr.........I think these is what you call open ended contract.so in these new law that Qatar approved can somebody be able to switch the job...,.after you finish 5yrs or you can switch even after a year and search for another work and by case you come and find the job that you get is not following what you agreed on contract and you have on his work for 4month tell me can you be able to switch job
الرد من العميل
or it means when you have open ended contract your sponsor was to give letter so that you can switch jobs
الرد من العميل
attorney in short I want to know is someone can switch the job without the finishing of contract without the Noc from sponsor or sponsor approval
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Original sponsorship may not be transferred except at the expense of the first sponsor, and without such consent, the sponsorship can not be transferred
However, the law regulating the entry and exit of expatriates and their Qatari residence permits the exemption of sponsorship transfer with the approval of the Minister of the Interior
And the Minister of Labor in the following cases:
In the case of cases between the applicant and the applicant
Proving the arbitrariness of the applicant, or if the public interest so requires.
Therefore, we recommend that you submit a request for transfer of sponsorship to the relevant section of the Ministry of the Interior
At the Ministry of Labor. Your application will be considered and if there is justification for transferring the sponsorship without the sponsor's consent, your application will be approved
In all cases, you can transfer sponsorship if the first sponsor agrees, under the following procedures:
1- Filling the application (change of the employer) from the committee to consider the applications of the recruitment, and then seal and sign the two companies.
2 - matching signatures and seals from the Department of Passports.
3 - Copy of the passport of the employee or worker with residence.
4- Copy of the commercial register of the two companies.
5 - Copy of the establishment of the establishment of the two companies.
6- Copy of the municipality license for the two companies.
7- A letter of no objection to transfer sponsorship from the company transferred from it.
8- A letter of no objection to transfer sponsorship from the company transferred to it.
*** Note :
If a restriction is found on the employee or worker, the restriction shall be removed from the main building of the labor administration. The following documents shall be submitted:
1) Copy of the sponsorship transfer form signed by both companies and identical to the passports.
2) A copy of the letter of no objection from the first company (movable ones).
3) A copy of the book not to be disliked by the second company (transferred to it).
4) Photographs of the establishment of the two companies. Photos of the municipality license for the two companies.
5) Copies of the commercial register of the two companies. The transaction must be submitted by the employee or the worker himself. Family guarantees (wives), family approval of passports is required to bring the wife.
Fees: Transfer of sponsorship for the first time (2000) riyals for companies, (1000) riyals for individuals. Transfer of sponsorship for the second time (2500) riyals for companies, (1500) riyals for individuals. Transfer of sponsorship for the third time and more (3000) riyals for companies, (2000) riyals for individuals
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, to which the above mentioned labor law applies.
الرد من العميل
so the visa is also the part of contract
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
please can you explain to me these in details so that I can understand and inorder to take further step when changing my sponsor ship
الرد من العميل
sir when I came here ministry of interior issued me a a resident visa renewal after every year,for duration of 5yrs....under my sponsor name which I think is a work permit,when rich here I did sign any contract expect the one I signed with the agency ...............I don't know for how period am going to work with these people.as we speak now am not even working for the sponsor who brought me.he took me to another place to work there so sir that's why am confused I suppose to sign the contract or these work permit under his name is part of contract ..I don't get it......and that's why you mean recruitment working in another place not for the sponsor who brought you
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
and about the changing of sponsorship I should go to ministry of Labour
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
what are the consequence of an employer who ignore to follow the rights of a worker that we signed in a contract
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
sir have these question concerning the change of sponsorship. is it a must you stayhere for 2yrs with the same sponsor so that you can switch to another sponship if yes how about , if you have stayed for atleast 1yr and your sponsor as agree to give you NOC can the department that's will change the sponsorship accept the changing
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
you mean before 2yrs is finished the ministry of Labour and ministry of interior can change the sponsorship
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
Thank you for contacting us
We are always at your service
الرد من العميل
thank you sir thanks for your time
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
We are always at your service
الرد من العميل
sir according to the new law if the sponsor is able to cancel your work visa can you be able to come immediately and seek another job.......or you may face a ban
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
However, if a foreign worker is dismissed from his work because of his eviction under the terms of the employment contract and leaves the country, he may not return to Qatar until at least three years have passed before he left.
الرد من العميل
hae sir , if I take my grievances to the labour court will they be able to give me another chance to work in Qatar , as long they prove that the employer breach the contract
إجابة الخبير: Moath Samer
Moath Samer
Attorney
الأسئلة المجابة 46920 | نسبة الرضا 98.5%
الرد من العميل
wow great news thank you sir because we suffer in the hands of employers because of you I get to know I have a rights and these rights govern both the worker and sponsor .. we fear most of time and we find ourselves suffer because we don't look Into law govern us..May Allah bless you
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
where can a person start the complain against the employer,when your employer has hold of your passport
الرد من العميل
I have a photocopy of passport the contract that I signed when going to the labour will these documents help me
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
please sir where is labour office located and what time does it function,
الرد من العميل
thanks sir hope I'll be assisted
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
sir I went to the labour department they refuse to help me
الرد من العميل
they favour the sponsor they didn't give me opportunity they just say I'll go to CID and deport me, which is not right
الرد من العميل
these country even don't follow what the law saying
الرد من العميل
please help me what action to take before tomorrow, they say tomorrow they will do that,
الرد من العميل
I didn't do anything wrong why they want to deport me, why
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
If the service contract is of an indefinite duration any of the two parties thereto may terminate it without giving the reasons for the termination. In this case the party intending to terminate the contract shall notify the other party in writing as follows:
1. In respect of the workers who receive their wages annually or monthly, the notification shall be given not less than one month prior to the date of the termination. If the period of service is five years or less. If the period of service is more than five years, the notification period shall be at least two months prior to the date of termination.
2. In all other cases the notification shall be given in accordance with the following periods :
A) If the period of service is less than one year the notification period shall be at least one week.
B) If the period of service is more than one year and less than five years
C) the notification period shall be at least two weeks.
D) If the service period is more than five years the notification period shall
E) be at least one month.
Note that the sponsorship system is not in use in Qatar anymore as according to the below article:
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.
The aforementioned article organized the cases of which the employee can transfer to another company as follow:
• With an approval from the employer (Whatever the contract type is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer
On the other hand, if it is proven that the employer is violated in ending the work without legal reasoning, he can go to the Ministry of Labor and Social Affairs and file a complaint, in addition to changing the work authority in the event of an arbitrary dismissal that does not require obtaining no objection with the employer and we advise to settle with them first
الرد من العميل
sir I file a complaint at the labour court ,but they didn't listen to my grievance s what the did they favour my sponsor regarding is a recruiter
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
الرد من العميل
I went to the labour and my recruiter , was found guilty ..but what I don't understand why is it that they refuse to hand over my passport they took to the Cid
الرد من العميل
if you follow the law I think they should see all side , and.see the problem
إجابة الخبير: Waleed Al-Helo
Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
Especially since it can be obtained by a court ruling with a filed application, which is called a petition
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Waleed Al-Helo
Lawyer
الأسئلة المجابة 108892 | نسبة الرضا 98.1%
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