Legal Rights of Domestic Workers

Legal Rights of Domestic Workers

On 10 October 2017, the Domestic Workers Law introduced a regulatory platform for the protection of domestic workers employed in Qatar. The law provides minimum statutory rights for domestic workers who are excluded from the provisions of the Labour Law.

A domestic worker is defined by the law as someone who performs housework under the management and supervision of the employee in return for a wage and goes on to provide examples of the types of occupations that would be captured by this definition.

The Domestic Workers Law incorporates certain provisions of the Labour Law, including end-of-service benefits (payable after 12 months' work from the effective date of this law), workplace injury, recruitment fee restrictions and disputes.

Private companies in Qatar have become more aware of their responsibility and the role they play in the employment and treatment of the domestic workers employed by their staff, from a humanitarian, supply chain and also reputational risk perspective. Internal processes have been created to govern and encourage employers to adhere to a minimum standard in the employment and treatment of their domestic workers.

Domestic Workers Law

The law sets out the minimum requirements governing the employment of any domestic worker both in terms of their treatment by employers and the tangible rights from which they should benefit.

An employer is obliged to treat domestic workers in a manner which preserves their dignity and physical well-being and which does not expose them to physical or physiological harm.  Employers should only employ domestic workers between the ages of 18 and 60 years of age. In addition, domestic workers should be provided with proper accommodation, food, medical treatment and sick leave without any charge being levied against them. The worker should also receive weekly (1 day) and annual (3 weeks per year) leave with a return flight ticket once every 2 years.  

The Labour Department of the Ministry of Administrative Development, Labour and Social Affairs is the competent department overseeing the introduction and enforcement of the Domestic Workers Law and the Ministry ultimately has responsibility.

Employment Contract

Workers must be provided with a written employment contract, certified by the Labour Department, which details the type and nature of the job, salary and other conditions. The contract's Arabic text prevails. 

Entitlements

Whilst the law seeks to address the imbalance of domestic workers' rights, it does not afford the same level of statutory protection for employees who fall under the remit of the Labour Law.  We have considered several entitlements below.

Accommodation and Food: Employers must provide food and adequate accommodation for workers, but the law is silent on minimum standards.

Work time: The Domestic Workers Law states that domestic workers are subject to a maximum 10-hour working day while the Labour Law provides for a maximum 8-hour working day and a 48-hour working week. Furthermore, the Domestic Workers Law does not provide specific detail with respect to rest break intervals during the worker's 10-hour working day.

Overtime: The provision for overtime or any associated calculation is not provided for by the law. Additionally, there is nothing to say that workers are free to leave the workplace during their non-working hours.  

Sick Leave: Whilst the law provides that during periods of sickness, domestic workers should not be forced to work, minimum entitlements to a certain number of sick days or indeed whether the domestic worker is entitled to pay during such period is not addressed by the law.  

Recruitment Fees: Employers are prohibited from making deductions from a worker's pay towards any recruitment fees incurred. The law does not appear to apply this prohibition retrospectively to capture any previous recruitment fee deductions made.

Payment

Payment of salary at the end of each month is clearly set out in the provisions of the law; salary must be paid no later than 3 days after the month's end. The 3-day grace period is shorter than that under the Labour Law, which requires payment to be made within 7 days. Whilst the law refers to payment by way of electronic bank transfer which should help workers keep a log evidencing details of payment, payment of cash evidenced by signature is also permitted. 

Penalties

The law establishes fines for violations. Where an employment contract has not been executed and put in place, a fine of QAR 5,000 is payable and QAR 10,000 in instances where wages have not been paid on time.