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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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How can I transfer employer? What if my employer...

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How can I transfer employer? What if my employer not give me noc? What should I do?

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إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

In case your inquiry relates to transferring the warranty to another company after the end of the work contract, here is the following information:
The Qatari Residence Law confirmed cases of sponsorship transfer to the worker as follows:
- A person who is bound by a fixed-term employment contract and whose term has expired can transfer to another employer without the condition of approval of the current sponsor.
- A person who works with a fixed-term work contract or an unlimited contract and does not complete the five-year period must obtain the approval of the employer until he is allowed to transfer the sponsorship
We also point out,
All previous cases require the approval of the concerned authorities represented in the Ministry of Interior or the Ministry of Labor to transfer the sponsorship, that is, the work contract must be of a limited time and it ended until you can move without the employer's approval, but the Ministry of Labor must agree to that, and the visa can only be extended if you have an employment contract
If the employer disagrees, you can file a complaint with the Ministry of Labor and the Human Rights Department of the Qatar Ministry of Interior.
Here is the text of the Qatari Residence Law related to 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.

الرد من العميل

How can I do that my employer is close minded. I work already 1 year and 5 months but still they complaining my work is not good. Yelling and nagging so annoying. I am a housemaid. I want an idea how to get out of here. Before I asked they said I buy my own ticket if I go home. Thats happen last year its my 1yr in Qatar. I need an idea please. Need help. Thank you!

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

If the work contract is fixed-term and has not finished yet, then you do not have the right to terminate it and transfer to another company.
The only way to transfer to another company is to negotiate with the employer to agree to you transferring to another employer
Finally, if you do end the contract illegally, then you will be banned from returning to Qatar again for FOUR years

الرد من العميل

If ever I can still go home? Even not finish my contract. Because they not happy and me either. I do my best but still they not like it. Rather than stay here then they always mad. So, if ever I can asked them to let me go? No day, 5am-10pm work and they hold my passport. That's illegal.

الرد من العميل

No day off

إجابة الخبير: Moheb Hassan

Moheb Hassan

Moheb Hassan

Lawyer

الأسئلة المجابة 63652 | نسبة الرضا 98.2%

It is not possible to terminate the work contract suddenly and you can negotiate with the employer in order to terminate the work contract and obtain written approval on that as well as the number of working hours is ten hours and if the employer requests the worker to work additional hours he must pay an additional fee
Here is the text of a law for employees in Qatari homes related to your inquiry:
Article 12
The maximum hours of work shall not exceed ten hours a day, unless there is an agreement to the contrary, interrupted by periods for worship, rest and food. Such periods shall not be included in the calculation of the hours of work.

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Moheb Hassan

Moheb Hassan

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الأسئلة المجابة 63652 | نسبة الرضا 98.2%

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