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Occupational Safety and Health (OSH)
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Qatar - 2015

  • 1 Description of national OSH regulatory framework

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  • 2 Scope, coverage and exclusions

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    • 2.1 Health and safety covers physical and psychological health

      Summary/citation: Psychological health is not specifically addressed by OSH legislation. However, the law requires the employer to conduct pre-employment medical examinations to ensure that the worker is psychologically fit for the type of work required.

      • Minister of Civil Service Affairs and Housing Decree No. 19/2005 Regarding Regular Medical Examination of Workers Exposed to the Risk of Contracting Occupational Diseases

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    • 2.2 Definition of worker

      Summary/citation: Any natural person who works in return for a wage for an employer or under his control or supervision.

      • Qatar Labour Law 2004 (§ 1)

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      • 2.2.1 Coverage of particular categories of workers

        Sometimes.

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        • 2.2.1.1 Migrant workers

          Remarks / comments: Foreign workers are governed by the Law No. 4 of 2009 Regulating the Entry and Exit of Expatriates in Qatar and their Residence and Sponsorship and subject to the requirements established therein.

          • Law No. 4 of 2009 Regulating the Entry and Exit of Expatriates in Qatar and their Residence and Sponsorship

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        • 2.2.1.2 Domestic workers

          Summary/citation: Domestic workers are excluded since the provisions of the Labour Law shall not apply to "domestic employment such as drivers, nurses, cooks, gardeners and similar workers".

          • Qatar Labour Law 2004 (§ 3, para. 4)

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        • 2.2.1.3 Home workers

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        • 2.2.1.4 Self-employed persons

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    • 2.3 Definition of employer

      Summary/citation: "Any natural or juristic person employing one or more workers in return for a wage."

      • Qatar Labour Law 2004 (§ 1)

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    • 2.4 Exclusion of branches of economic activity

      Sometimes.

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      • 2.4.1 Agriculture

        Summary/citation: Agriculture is partially excluded since the law states that "except as otherwise provided for in any other law the provisions of this law shall not apply to the workers employed in agriculture and grazing other than the persons employed in the agricultural establishments processing and marketing their own products or those who are permanently employed in the operation or repair of the necessary agricultural mechanical appliances".

        • Qatar Labour Law 2004 (§ 3, para. 6)

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      • 2.4.2 Construction

        Remarks / comments: The construction sector is not excluded by the Labour Law from its scope of application.

        • Qatar Labour Law 2004 (§ 3)

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      • 2.4.3 Services

        Remarks / comments: The services sector is not excluded by the Labour Law from its scope of application.

        • Qatar Labour Law 2004 (§ 3)

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      • 2.4.4 Public sector

        Summary/citation: Public sector is excluded from the scope of application of the Labour Law.
        The law states that "except as otherwise provided for in any other law the provisions of this law shall not apply to:
        - the employees and workers of the Ministries and other governmental organs, public institutions, corporations and companies which are established by Qatar Petroleum by itself or with others;
        - the workers whose employment affairs are regulated by special laws;
        - the officers and members of the armed forces and police".

        • Qatar Labour Law 2004 (§ 3, paras. 1,2)

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      • 2.4.5 Other

        Summary/citation: Other categories of workers are excluded from the scope of application of the Labour Law. "Except as otherwise provided for in any other law the provisions of this law shall not apply to:
        - workers employed at sea;
        - workers employed in casual works;
        - working members of employer's family. These are the wife, ascendants and descendants who are residing with and wholly dependent on him."

        • Qatar Labour Law 2004 (§ 3, paras. 2,3,5)

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    • 2.5 Definition of occupational accident

      Summary/citation: The definition of work injury provided for in the law is the following: "suffering by the worker from any of the occupational diseases listed in schedule No.(1) to this law or any injury resulting from an accident happening to the worker during the performance of his work or by reason thereof or on his way to or back from his work provided that the journey to and from the work is made without any break lingering, or diversion from the normal route".

      • Qatar Labour Law 2004 (§ 1)

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    • 2.6 Definition of occupational disease

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      • 2.6.1 List of occupational diseases

        Summary/citation: A list is recognized within the law: Schedule 1 attached to the Labour Law.

        • Qatar Labour Law 2004 (§ 1)

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      • 2.6.2 Mechanism for compensating other diseases as occupational ones

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  • 3 Institutions and programmes relating to OSH administration and/or enforcement

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    • 3.1 Competent national authority for safety and health at work

      Summary/citation: "There shall be established in the Department an organ to be named as the "Work Inspection Organ" aiming at the supervision of the application of the legislations concerning the protection of workers and shall have suborgans in the various parts of the State."

      • Qatar Labour Law 2004 (§ 135)

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      • 3.1.1 Objectives, roles and/or functions

        Summary/citation: One of the objectives of the Work Inspection Organ is to ensure the enforcement of laws related to OSH by employers and workers.

        The Minister shall after coordination with the competent authority issue the necessary decisions for regulating the appliances concerning the vocational health and safety in the establishments and specifying and regulating the services and precautionary measures that are necessary for protecting the workers during the work from the dangers of the work and equipment and means and levels thereof and for the regulation of the means of protection from the vocational diseases.

        • Decree No. 13/2005 Regarding Organisation of Work Inspection (§ 1)

        • Qatar Labour Law 2004 (Art. 102)

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      • 3.1.2 Chairperson and composition

        Summary/citation: "The inspection organ shall be formed of a sufficient number of administrative officials specified by a decision of the minister. These officials shall be named Work Inspectors and the assistance of specialists in the various specializations may be called whenever necessary."

        • Decree No. 13/2005 Regarding Organisation of Work Inspection (§ 135)

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    • 3.2 National OSH research programme or institute

      Summary/citation: The law does not establish a national OSH research programme or institute. Nevertheless, one of the roles of this Work Inspection Organ is to conduct research with respect to inspection matters and collect information on the application of laws at the workplace.

      • Qatar Labour Law 2004 (§ 1)

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      • 3.2.1 Objectives, roles and/or functions

        No.

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      • 3.2.2 Governance board constitution and chairmanship

        No.

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      • 3.2.3 Source of funding

        No.

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    • 3.3 National OSH programme

      No data available.

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      • 3.3.1 Consultation on the national OSH programme

        No data available.

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  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

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  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

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  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

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    • 6.1 OSH competence

      No data available.

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      • 6.1.1 Requirement to access expert advice and/or support in health and safety

        No data available.

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        • 6.1.1.1 Qualifications of experts or professional services

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    • 6.2 Appointment of an OSH practitioner

      Summary/citation: There are no references to an OSH practitioner in particular, other than a nurse/physician at the workplace:
      The employer shall appoint a full-time medical nurse for 100+ workers.
      The establishment shall have a medical clinic with a medical nurse and a physician when there are more than 500 workers.

      • Qatar Labour Law 2004 (Part Ten, Article 104)

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      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        Summary/citation: Workforce size for the appointment of a nurse: 100 or more workers;
        Workforce size for the appointment of a physician: 500 or more workers.

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  • 7 Workers' rights and duties

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    • 7.1 Duty to take reasonable steps to protect their own safety and health

      Summary / Citation: The worker shall:
      -Follow the occupational safety and health instructions prescribed in the establishment.
      -Cooperate in the prevention of accidents in the workplace or in the alleviation of the results thereof.

      The worker shall not commit any action or omission with the intention of hampering the execution of the instructions of the employer concerning the conservation of the health of the workers or securing their safety or with the intention of damaging or breaking down of any appliances or equipment prepared for this purpose.
      The worker shall use the protection devices and the uniform prepared as provided to him by the employer and shall obey all instructions of the employer aiming at protecting the worker from injuries and diseases.

      • Qatar Labour Law 2004 (Arts. 42, Paragraph 5 and 6; 101)

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    • 7.2 Duty to take reasonable steps to protect the safety and health of others

      Summary / Citation: The worker shall not commit any action or omission with the intention of hampering the execution of the instructions of the employer on safety and health or of damaging or breaking down of any appliances or equipment for this purpose.

      • Qatar Labour Law 2004 (Part 10, Article 101)

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    • 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

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    • 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

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    • 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

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    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: The worker shall:
      -Follow the occupational safety and health instructions prescribed in the establishment.
      -Cooperate in the prevention of accidents in the workplace or in the alleviation of the results thereof.

      • Qatar Labour Law 2004 (Part 4, Article 42, Paragraph 5 and 6)

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    • 7.7 Right to enquire about risks and preventive measures

      Summary / Citation: In the case there is a joint OSH committee at the workplace, discussions can occur about OSH.

      Restrictions / obligations: When there are 30 or more workers a joint committee of representatives of workers and the employer shall be established.

      • Qatar Labour Law 2004 (Part 13, Article 126; )

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    • 7.8 Right to remove themselves from a dangerous situation

      Summary / Citation: Workers shall inform and ask to stop the work (partially or completely) or a machine to whom it may concern in case there is a danger at work, until the danger is removed.

      • Minister of Civil Service Affairs and Housing Decree No. 20/2005 on precautions and steps that should be taken in the workplace to protect workers and visitors from occupational hazards. (Chapter 10, Article 63; Chapter 1, Article 6)

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    • 7.9 Right to be reassigned to non-hazard work

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      • 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

        Summary / Citation: The worker may terminate the service contract before its expiry date - if the contract is of a definite duration and without giving reasons for the termination if the contract is of an indefinite duration, and retains his full entitlements, when continuance with the work endangers the safety and health of the worker provided that the employer is aware of the danger and does not take the necessary steps to remove it.

        • Qatar Labour Law 2004 (Part 4, Article 51, Paragraph 4)

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  • 8 Consultation, collaboration and co-operation with workers and their representatives

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    • 8.1 National OSH committee, commission, council or similar body

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      • 8.1.1 Objectives, roles and/or functions

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      • 8.1.2 Constitution and chairmanship modalities

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    • 8.2 Employers’ duty to consult workers on risks

      Summary / Citation: In the case there is a joint OSH committee at the workplace, discussions can occur about OSH.

      Restrictions / obligations: When there are 30 or more workers a joint committee of representatives of workers and the employer shall be established.

      • Qatar Labour Law 2004 (Part 13, Article 124, Article 126; )

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    • 8.3 Workers’ right to select their representatives for health and safety matters

      Sometimes.

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      • 8.3.1 Workforce size conditions for workers’ representation in health and safety

        Summary / Citation: A joint OSH committee embodying representatives of the employer and workers shall be established when there are 30 or more workers.
        The number of members of the joint committee shall be of 4 when the number of workers is 200 or less;
        6 when the number of the workers is more than 200 and less than 500;
        8 when the number of the workers is more 500.
        Half of the members shall represent the employer and the other half shall represent the workers.

        • Qatar Labour Law 2004 (Part 13, Article 124)

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      • 8.3.2 Conditions of eligibility to represent workers in health and safety

        Summary / Citation: The nomination of the representatives of the workers in the committee shall be as follows: 1. If there is a "Workers' Committee" in the establishment, then it shall assume the nomination of the workers representatives in the joint committee from amongst its members. 2. If there is no "Workers' Committee" in the establishment, the workers therein shall nominate their representatives in the joint committee through direct election.
        The Minister shall issue a decision regulating the conditions and procedures of election.

        Restrictions / obligations: The workers working in an establishment where the number of Qatari workers is not less than hundred workers may form a committee from amongst themselves to be named "Workers' Committee" and there shall not be more than one committee in the establishment.

        • Qatar Labour Law 2004 (Part 13, Article 125; Part 12, Article 116)

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    • 8.4 OSH representatives’ functions, rights and powers

      Sometimes.

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      • 8.4.1 Right to inspect the workplace

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      • 8.4.2 Right to access OSH information

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      • 8.4.3 Right to be present at interviews

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      • 8.4.4 Right to receive professional assistance from OSH experts

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      • 8.4.5 Right to accompany inspectors

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      • 8.4.6 Right to use facilities

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      • 8.4.7 Right to have time off work with pay to perform duties

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      • 8.4.8 Right to issue remedial notices

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      • 8.4.9 Right to resolve OSH issues in consultation with employers

        Summary / Citation: Workers' representatives within the joint committee shall study and discuss safety measures against hazards and the improvement of compliance with occupational safety and health. They shall submit recommendations on these matters to the employer to consider whether they can be implemented.

        Restrictions / obligations: When there are 30 or more workers a joint committee of representatives of workers and the employer shall be established.

        • Qatar Labour Law 2004 (Part 13, Article 126)

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      • 8.4.10 Right to direct that dangerous work cease

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    • 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

      No data available.

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      • 8.5.1 Right to enter the workplace

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      • 8.5.2 Right to investigate suspected non-compliance with OSH legislation

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      • 8.5.3 Right to consult with workers

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      • 8.5.4 Right to advise workers

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      • 8.5.5 Right to initiate enforcement action

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    • 8.6 Joint OSH Committee

      Sometimes.

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      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        Summary / Citation: Half of the members shall represent the employer and the other half shall represent the workers.

        • Qatar Labour Law 2004 (Part 13, Article 124; )

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      • 8.6.2 Conditions for establishing a joint OSH committee

        Summary / Citation: A joint OSH committee embodying representatives of the employer and workers shall be established when there are 30 or more workers.

        • Qatar Labour Law 2004 (Section 13, Article 124)

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      • 8.6.3 Objectives, roles and/or functions of joint OSH committees

        Summary / Citation: Workers' representatives within the joint committee shall study and discuss safety measures against hazards and the improvement of compliance with occupational safety and health. They shall submit recommendations on these matters to the employer to consider whether they can be implemented.

        • Qatar Labour Law 2004 (Section 13, Article 126)

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      • 8.6.4 Keeping record of the work of joint OSH committees

        No data available.

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      • 8.6.5 Sharing the minutes of joint OSH committees meetings

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    • 8.7 Mandatory training for members of joint OSH committee(s)

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    • 8.8 Protection against reprisals

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    • 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

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  • 9 Specific hazards or risks

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  • 10 Recording, notification and investigation of accidents/incidents and diseases

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  • 11 OSH inspection and enforcement of OSH legislation

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    • 11.1 Appointment of OSH inspectors

      Summary / Citation: "There shall be established in the Department an organ to be named as the "Work Inspection Organ" aiming at the supervision of the application of the legislations concerning the protection of workers and shall have suborgans in the various parts of the State."

      Remarks / comments: The "Department" refers to the Labour Department of the Ministry according to Art. 1 of the Labour Law 2004.

      • Qatar Labour Law 2004 (Part 15, Article 135)

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    • 11.2 OSH inspectors’ powers

      Yes.

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    • 11.3 OSH inspectors’ enforcement powers

      Sometimes.

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      • 11.3.1 Power to issue orders or notices

        Summary / Citation: Inspectors have the power to issue notices in case of non-compliance with OSH legislation while specifying the timeframe within which changes shall be made by the employer (this may range between 2 weeks to 1 month).

        • Decree No. 13/2005 Regarding Organisation of Work Inspection (Chapter 3, Article 12)

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      • 11.3.2 Power to impose financial penalties

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      • 11.3.3 Power to revoke or suspend licenses or authorisations

        No data available.

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      • 11.3.4 Power to require the cessation of dangerous work

        No data available.

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      • 11.3.5 Power to initiate prosecutions

        No data available.

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      • 11.3.6 Power to conduct prosecutions

        No data available.

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      • 11.3.7 Other enforcement powers

        No data available.

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    • 11.4 Application of sanctions by courts

      Sometimes.

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      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: 2000-5000 Riyals (549$-1374$ approximately). And, up to 10,000 Riyal in case of failure to implement the conciliation (2747$ approximately).

        • Qatar Labour Law 2004 (Part 16, Article 145 and 146)

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      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: 2000-5000 Riyals (549$-1374$ approximately). And, up to 10,000 Riyal in case of failure to implement the conciliation (2747$ approximately).

        • Qatar Labour Law 2004 (Part 16, Article 145 and 146)

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      • 11.4.3 Non-financial sanctions

        Summary / Citation: The Department shall in case of the employer omitting to take the precautionary measures referred to or in case of imminent dangers threatening the health or safety of the workers report the matter to the Minister for issuing a decision for the partial or total closure of the place of work or stoppage of one or more machines from work pending the elimination of the causes of the danger.
        In such case the employer shall undertake to pay the wages of the workers in full during the period of closure or suspension.

        Remarks / comments: The "Department" refers to the Labour Department of the Ministry according to Art. 1 of the Labour Law 2004.

        • Qatar Labour Law 2004 (Art. 100)

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      • 11.4.4 Criminal liability

        Summary / Citation: Whoever violates the provisions of Articles 29, 33, 86, 87, 88, 89, 90, 93, 94, 103, 104, 105, 108, 122 and 133 of this law shall be penalized with imprisonment for a period not exceeding one month and with a fine of not less than two thousand Riyals and not exceed six thousand Riyals or with any of these two penalties.

        And in the violations relating to the recruitment of workers from abroad for the account of third parties the court may in addition to the penalties provided for in the preceding paragraph order the closure of the office and the cancellation of the license.

        • Qatar Labour Law 2004 (Art. 145)

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      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: Maximum of one month.

        • Qatar Labour Law 2004 (Art. 145)

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