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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Lawyer

need to ask a question

تم تقييم هذه الإجابة:
need to ask a question
Lawyer's Assistant: Where are you located? It matters because laws vary by location
doha
Lawyer's Assistant: Has anything been filed or reported?
no just need to be help for answers for the questions I have
Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?
just answers only

إطرح سؤالك

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

 Kindly, could you clarify your question in details so we could help you better with pleasure

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

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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

The employment contract must be terminated initially, but if the employer violates the provisions of the Labor Law, the guarantee can be transferred without terminating the employment contract

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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

You can submit your resignation if your contract of employment is unlimited  provided that you give notice to the employer at least one month in advance. If the contract of employment is limited, you must wait for its expiration or you will be obliged to compensate the employer.
 

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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

This matter will be agreed upon between you and the new employer. It is possible that he may start the procedures himself, or you may complete the procedures by yourself.

الرد من العميل

thanks very much for help... because of you have understand everything

إجابة الخبير: Moath Samer

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

sorry attorney I forget to ask, is these law also govern domestic workers,??

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

The surety transfer procedures are the same for everyone

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

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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

If you are in your country, you can obtain it from the police station or by the court, provided that it is certified by the Ministry of Justice, the Ministry of Foreign Affairs, and the UAE embassy.
 

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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Kindly, could you clarify your question in details so we could help you better with pleasure

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

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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Recruitment costs and fines which come within recruitment procedures are made by the employer

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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

The employer shall not employ the worker in another work other than the work permit you must file a complaint against your employer through the following link and you will be punished legally.

الرد من العميل

and about the changing of sponsorship I should go to ministry of Labour

إجابة الخبير: Moath Samer

Moath Samer

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

With regard to transferring the warranty, you must follow the aforementioned procedures

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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

the employer is punished with a fine not exceeding 25,000 riyals and therefore we advise you to file a complaint against the employer at the Labor Office to take the necessary action against him.

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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Originally, two years have passed since the same sponsor, and then the sponsorship may be transferred, and the sponsorship may be transferred before this period with the approval of the Ministry of Labor and the Ministry of Interior

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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Yes, these are the conditions for transferring residency
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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

Thank you for contacting us
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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

According to the law regulating entry and exit of expatriates and their residency, the two-year period previously required by the sponsorship in organizing entry and exit of expatriates before a worker returns to the country with a new visa has been canceled, so that the worker can return with another work visa within two days of his departure.
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

Moath Samer

Attorney

الأسئلة المجابة 46920 | نسبة الرضا 98.5%

As long as the legal problem is not from you and it is caused by the employer, you can easily transfer your sponsorship to another sponsor without NOC from the first sponsor and your affairs will be legal

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

The principle in dealing is mutual respect between the worker and the employer, taking into account the commitment of each party towards the other, but in the event that the law is exceeded in any work, you can go to the work office and file a complaint especially since the competent authority to end any labor dispute, if unable to do so, the complaint can then be referred to the Federal Court and decided upon, and obligate each party to pay the obligated right according to the signed contract

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

Yes, dear, all these documents are supportive and beneficial to you, and you should always be in your possession when going to the Ministry of Labor and Social Affairs.

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We are glad to contact you in the legal department

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

We would like to inform you that according to Qatari law, 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
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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

The aggrieved party is the one who makes the complaint before the Ministry of Labor and Social Affairs, and you must prove the validity of the complaint and the validity of the prosecution and the ministry is the one that summons the employer and interrogate him and force him to sign any pledge if the ministry deems it in his interest

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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

As it was previously explained about the jurisdiction of the labor office, if the complaint is not dealt with, you may go to the federal court immediately and the case will be filed against the employer and ask to return the passport.
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

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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