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Indo-Qatar
Labour Agreement
India and Qatar signed a Labour
agreement in 1985 with a view to regulate the flow of Indian
workforce and to protect the basic interests of labourers from
India and their Qatari employers. India was the first non Arab
country to enter into a labour contract with Qatar.
According to the labour
agreement the sponsors in Qatar are required to execute an
employment contract as prescribed indicating, inter alia,
salient features like wages and other benefits. The contract
is first required to be attested by the Department of Labour,
and the Ministry of Foreign Affairs, of the Government of the
State of Qatar and is then presented to the Indian Embassy for
further attestation. On the basis of such attested contract
the sponsor can either arrange recruitment of manpower through
the Government of India or its agent or an agent registered
with the Government of India or directly from the market.
In the event of dispute between
the employee and the sponsor or in the event of the breach of
employment contract, the Department of Labour, Government of
the State of Qatar intervene and adjudicate, failing which the
case is referred to the Labour Court for a decision.
The Indo-Qatar Labour agreement
does not cover drivers, cooks, houseboys and housemaids. It is
in the interest of these categories of workers to check with
this Embassy the bona fides of the prospective sponsor before
they proceed to Doha on employment. They also need to sign the
employment contract duly attested by the Qatari Labour
Department and Indian Embassy in Doha before their travel to
Doha. Embassy will not be able to protect effectively the
interest of the nationals who travel to Doha for employment
with out employment contract and other proper documents.
Check list for
INDIANS traveling to Qatar for work
If you get a job at a private
firm in Qatar always make it a point to check with the Indian
Embassy in Doha the bonafides of the company you intend to
join before you depart from India. Also check with your agent
or the employer himself the exact terms of the contract,
especially about the salary, the other benefits such as
housing, food, vacation, tickets for going home, etc., the
place where you are supposed to work and the living
conditions. If the contract is in Arabic, you should have it
translated into English and also understand the contents of
the contract before signing it. Do not sign another contract
on arrival in Qatar specially if the terms and conditions are
inferior to what you signed in India or if it is in a language
that you do not understand.
Check with your agent the exact
name of your employer, whether it is a person or a company,
and the person who is supposed to supervise your work. Get the
telephone number of this person and talk to him before leaving
India. Ask him about who is going to receive you at the
airport, how will you be transported to your residence or work
place, etc. If you are not familiar with Arabic and English
and if this employer knows only Arabic or English, then you
should ask someone else who knows Arabic/English to talk to
him over the telephone from India in your presence to get all
the details and finalise your programme accordingly.
While having your passport made
either through the agent or directly, you must furnish your
correct particulars and correct address. This is also
important in the case of any tragedy which (God forbid) may
occur. You must always truthfully record all your particulars.
When you get your passport please check up that all your
particulars are recorded properly and if there are any
mistakes you should have it corrected. Do not travel on a
passport which is inaccurate.
Before leaving India, check up
whether your visa is the appropriate one. The visa may have
endorsements in Arabic. If you are unable to make out the
endorsement, please ask a person who can read Arabic to
translate for you. Do not rely entirely on what your agent
tells you. Please remember to check the validity of the visa
issued to you. If you stay beyond the period stipulated in the
visa you become an illegal alien in Qatar and liable to
detention and deportation apart from getting more rigorous
punishment.
Before coming to Qatar you must
talk to people who are either working in Qatar or have been to
Qatar in the recent past to know about the living conditions
and working conditions in Qatar. Alternatively you can request
information on living condition in Qatar and other details
from the embassy of India in Doha. You must be thoroughly
acquainted with all this and you must not come here only on
the basis of what your agent or your recruiting company tells
you.
Photocopies of your passport and
the contract that you have signed should be available with you
in adequate numbers and you must also leave a set of the
photocopies at your home in India so that in time of need you
may be able to get the same easily.
Possession or transportation of
drugs and other narcotic substances carry severe punishment in
Qatar. You must be very careful not to accept any gift or
packet or any item from anyone while coming to Qatar. The
baggage that you have, both checked in baggage and hand
baggage, should not have any outside pouches in which packets
can be pushed in by anyone from outside. If you are under
medication and if you are carrying certain prescribed
medicines you must have the doctor's prescription in original
and the medicines should be carried along with its packing and
its literature so that customs authorities can easily identify
them.
You must know that religious
literature, liquor, obscene video cassettes and obscene
literature are banned in Qatar and you are liable for
punishment if detected carrying them. Get to know the exact
rules of customs from your agent, especially about prohibited
articles.
Be cautious about befriending
strangers on your way and on the aeroplane or on landing.
There have been cases of people cheating and put into serious
trouble by strangers. You must be aware of how to use
telephones at the airports since in case you are stranded at
the airport or any other place you should be able to ring up
your employer or the person who is in charge, with whom you
should have already talked to from India, and inform him about
your situation. If you face any problem at the airport always
make it a point to contact your embassy without delay.
Once you come to Qatar it is
always desirable to register with the Indian Embassy in Doha
so that in case of need or when you are in distress you may be
helped by Indian embassy officials. There you can be best
assured that the officials will take care of your genuine
problems.
While in Qatar always carry
either your passport which should have a valid visa or in lieu
of the passport a valid Residential Permit called 'Iqaama'. In
no case you should part with your Iqaama or give it to anyone
else. It is your basic document without which you may be
arrested and deported.
In case of labour problems you
can approach the Indian Mission in Doha for help. The person
who is employing you is called the "Kaafil"
(sponsor) and your basic relation is with your sponsor. If you
are shifting sponsors, it is illegal without a valid
permission. If you run away from work and join another work
that is also illegal. In case the job is not suiting you, you
should also have with you enough means to travel back to
India. Further a very important point to note is that for
exiting out of Qatar, your employer (sponsor) has to provide
you an exit permit, and only on receipt of the same can you
exit out of the country. Accordingly you should be prepared to
wait till the sponsor's clearance, which in some cases can
become very difficult to obtain after your arrival.
Do not come with pre-conceived
notions. Study the living conditions and working conditions in
Qatar. Study your contract before coming to Qatar and be
prepared to leave as and when things do not turn out the way
you had imagined or wanted it to be. Ladies who are coming to
Qatar to work as maids etc. should be very careful about the
place where they are supposed to work and the conditions of
their employment, specially if they are coming alone. Do not
fall into bad company and do not get drawn into illegal
activities in Qatar as the punishment is severe and swift.
New
Procedure for Emigration
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As per new emigration procedure introduced by Ministry
of Labour, New Delhi, with effect from 25-12-2003 mandatory
Insurance Scheme (Pravasi Bharatiya Bima Yojna, 2003) is
applicable to all Indian workers with ECR (Emigration Check
Required) endorsement in their passports. Compulsory Insurance Scheme would cover contingencies
like repatriation of the emigrants getting stranded because of
non-availability of the sponsors or the promised jobs,
termination of employment on account of
death/handicap/sickness, etc.
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The earlier scheme of deposit of one-way economy class
fare stands withdrawn for emigrants holding valid Employment
Visa w.e.f. 25-12-2003. However,
it is required to submit an affidavit that he/she will not
take employment with any other employer as mentioned in the
visa. Such
affidavit shall be attested by Oath Commissioner / Notary
Public.
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