- within Privacy, Food, Drugs, Healthcare, Life Sciences and Transport topic(s)
- in Middle East
As part of its ongoing efforts to achieve the objectives of Qatar National Vision 2030, the State of Qatar has issued Law No. 12 of 2024 concerning the localisation of jobs in the private sector ("Localisation Law"). The Localisation Law was published in Issue No. 14 of the Official Gazette dated 17 October 2024. The provisions of the Localisation Law complement the obligations imposed by the Qatari Labour Law (Law No. 4 of 2004) on employers to enable Qatari nationals to benefit from the expertise and knowledge available in the private sector and to integrate them into this sector. Before highlighting the key provisions contained in the Localisation Law, this article sets out the principal obligations of employers under the Qatari Labour Law with respect to localisation.
Entities Subject to the Localisation Law
The Localisation Law applies to all private sector entities, including employers who are natural persons managing private establishments, commercial companies, private institutions of public benefit, sports institutions, associations, and similar bodies.
The Localisation Law and the Qatari Labour Law do not apply to companies in which QatarEnergy participates in establishing or contributing to, nor to existing companies operating in petroleum operations and petrochemical industries.
Localisation Plan
Under the Qatari Labour Law, priority in recruitment must be given to Qatari workers, and non-Qatari workers may not be employed unless approved by the Labour Department.
Under the Localisation Law, the Ministry of Labour will set a plan for localising jobs in the private sector. The plan will include the classification of entities subject to the law according to their workforce size and their staffing needs. The Ministry will also identify positions restricted to Qataris and children of Qatari mothers. Entities subject to the law must comply with whatever the competent department at the Ministry of Labour determines in terms of job designation, qualifications, and necessary training.
With respect to training, the Qatari Labour Law obliges any employer with fifty or more workers to train Qataris—nominated by the competent department at the Ministry of Labour—on technical work at a rate of 5% of its total workforce. It also obliges any employer using non-Qatari experts or technicians to train a sufficient number of Qatari workers in the work performed by those experts or technicians, or to appoint Qatari workers as assistants to them for the purpose of training and gaining experience.
Employer's Obligation to Report Available Jobs
Entities subject to the Localisation Law must notify the competent department at the Ministry of Labour of all available job vacancies, the conditions required for candidates, and the salary fixed for each position within no more than one month from the date the vacancy becomes available.
Within sixty days of contracting, they must also provide the competent department at the Ministry of Labour with the details of those hired pursuant to the Localisation Law, and information on all their workers—Qatari and non-Qatari—along with any other data or documentation requested by the competent department.
In this regard, the Qatari Labour Law also obliges the employer to notify the department of available jobs and work, the conditions required for candidates, the salary for each position, and the date set for filling the job or performing the work, within no more than one month from the date the job becomes vacant, is created, or work becomes available.
The Qatari Labour Law further obliges the employer to submit, every six months, a report listing the names of the workers employed, their genders, nationalities, job functions, wages, ages, and the details of any work permits issued to them.
Contract Templates
Under the Localisation Law, the Minister of Labour will issue standard employment contract templates required for the localisation of jobs. These templates will be binding on entities subject to the law.
Penalties
In case of violation of the Localisation Law or any decisions issued in implementation thereof, penalties may include notifying the violator to rectify the violation within a prescribed period, issuing a written warning, suspending the violator's transactions with the Ministry of Labour for up to three months, and imposing a financial penalty that may reach up to QR 100,000.
In addition, imprisonment for up to three years and a fine not exceeding QR 1,000,000 may be imposed in cases of fraud or the provision of false information indicating false compliance with the Localisation Law, or with the intent to unlawfully obtain facilities, privileges, or incentives granted under the provisions of the Localisation Law.
The Minister of Finance or his delegate may reconcile the criminal offences mentioned above, and such reconciliation would bar the initiation or extinguish the continuation of criminal proceedings, as the case may be.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
