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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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Am a domestic worker,I came directly from Kenya...

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Am a domestic worker,I came directly from Kenya ,the agency that brought me has no office here so my sponsor paid for me the flight ,so when I came here I worked for almost 3 months but I was sleeping at 3.00past midnight but when I told my sponsor she told me she will ban me and take me back to kenya so I had to run away after my boss took my passport ,the day I was running away I stole my passport from my sponsor handbag and ran away ,so currently I have no I'd since my fingerprints were not taken and no medical was done ,how can I get an I'd card because I tried to talk to my sponsor and explained to her why I ran away to despite that her husband was forcing me to have anal sex I told my boss (the wife ) but still she said am lying and I have no evidence ,I tried to defend myself orally but she (my sponsor) insisted am a lier ,so how can I get help to get an I'd and change profession job because I am a waitress I have an experience of 3 years and I did an interview with different hotel here but the problem is I have no I'd and noc and I came here with a domestic visa I would like to change it too , kindly I need your advice because every day am having sleepless nights

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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 your legal position is very weak regarding changing the employer and obtaining a new job, especially that the sponsorship system in Qatar is no longer in force, the relationship has become related to the nature of the contract signed between the worker and the employer, and also it is related to the law that organizing the entry of expatriates to Qatar, and thus, reviewing Article 21 of this law, we find that it stipulates on the following:
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 is)
• After completing five years on unfixed term contract
• The end of the fixed term contract
• The death of the employer
Therefore, you can transfer if your employer agreed then you have to submit your resignation or it may result in depriving you from entering the country once again for a year.

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Waleed Al-Helo

Waleed Al-Helo

Lawyer

الأسئلة المجابة 108892 | نسبة الرضا 98.1%

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