Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Forced Labour Convention, 1930 (No. 29) - Qatar (Ratification: 1998)

The Committee notes that the technical cooperation programme between the Government of Qatar and the ILO continues to be implemented. In this regard, the Committee notes the progress reports on the technical cooperation programme, published annually by the ILO Project Office for the State of Qatar, and in particular those published in the past three years (2021, 2022 and 2023 progress reports). Furthermore, as part of the technical cooperation programme, the Ministry of Labour (MoL) and the ILO have initiated a study to assess the impact of the kafala reforms, expected to be completed in 2024. The Committee requests the Government to provide the results of the 2024 study assessing the impact of the kafala reforms, and on any policy or other measure adopted as a result.

Articles 1(1) and 2(1) of the Convention. 1. Vulnerable situation of migrant workers to conditions of forced labour. (i) Contractual system replacing kafala. Migrant workers in the private sector. The Committee recalls that Decree No. 19 and Ministerial Decision No. 51 of 2020 have removed the legal requirement for migrant workers to obtain a no-objection certificate from their employers to change jobs. It further recalls that Decree No. 18 of 2020 introduced legal provisions governing termination of employment with only a requirement of notification, the duration of which (one or two months) depends on the moment of termination (during or after probation) and on the number of years of employment. In this regard, the Committee notes the Government’s information, in its report, that to implement these changes, the MoL created an electronic notification service, the employment change (EC) platform, which is becoming fully automated to minimize interference.

The Committee further notes, from the 2023 progress report, that from September 2020 to October 2023, the MoL received 1,037,644 job change applications, approving 669,198 and rejecting 364,053. Rejections were mainly due to non-compliance by new employers, submission errors, or workers cancelling applications. In 2023, 167,048 men and 25,295 women had their applications approved, with the most changes occurring in the construction sector. Women’s job changes matched their workforce proportion of 15 per cent.

The Committee notes, however, from the concern expressed by the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations of 2023 (E/C.12/QAT/CO/1), as well as from the 2022 and 2023 progress reports, that migrant workers, in particular low-wage earners in the construction, service and domestic work sectors, are still facing challenges when attempting to change jobs. According to the progress reports, such challenges include:

• Employer retaliation against workers who wish to change jobs by cancelling their residency permits (QIDs) or filing false absconding charges against them: the Government has taken measures to tackle this issue through the linkage of the electronic systems of the MoL and Ministry of Interior (MoI) to prevent employers from taking such action after a worker has submitted their application through the MoL’s electronic system or if the worker has an ongoing labour complaint with the MoL. The process for a worker to have their QID reactivated is also being revised to make it more accessible and efficient for workers, and to make the QID secure for six months once reactivated. Moreover, to curb misuse of the absconding report system, the MoI introduced procedural changes, according to which an employer reporting an absconding case must now provide additional and accurate data, under threat of penalty.
• The predominant discourse that still exists among workers and employers on the need for a no-objection certificate: even though this is not required by law or by the EC system, a no-objection certificate is still required in practice for many job applications. In this regard, communication material on the labour mobility legislation was produced in 12 languages and disseminated through various channels.

The Committee welcomes the efforts made by the Government and requests it to continue taking measures to ensure the effective implementation of migrant workers’ rights to transfer or terminate jobs with notice. It requests the Government to continue to provide disaggregated information on the number of employment transfers and termination of employment contracts that have taken place, as well as on the number of transfer requests that have been refused and the reasons for such refusals.

It also requests the Government to continue providing information on the measures taken to address the particular challenges still faced by migrant workers to transfer jobs, including on: (i) cases of retaliation by employers and the continued requirement of no-objection certificates by employers; and (ii) any cases of penalties applied to employers for false absconding charges.

(ii) Procedure for issuing exit visas. Following its previous comments, the Committee notes, from the 2023 progress report, that in the application of Act No. 13 of 2018 and Ministerial Decision No. 95 of 2019, giving the right to migrant workers to leave the country without prior approval from their employers, there were 45,690 requests for exit permits as of 15 October 2022, and 13,282 requests for exit permits between 1 January and 31 October 2023. The Committee requests the Government to indicate how many requests for exit permits have been effectively granted, indicating the number and category of workers, including the number of exit permits granted to domestic workers.

(iii) Recruitment process and contract substitution. The Committee previously took note of the establishment of the electronic contract system for all migrant workers (including domestic workers). Migrant workers must sign their contract electronically in a Qatar Visa Centre (QVC) from the labour-sending country before coming to Qatar, therefore allowing the worker to read the contract in his/her native language, giving him/her a better chance to understand the contract and negotiate its terms if he/she is not satisfied with any of the terms included therein. The Committee notes the Government’s detailed information on the measures taken to further enhance employment and recruitment practices through legislative reforms and initiatives aimed at preventing recruitment fees and regulating recruitment agencies, so that recruitment is carried out through licensed companies that protect the rights of all migrant workers. For instance, in 2021 the ILO, the MoL, and the MoI conducted three twoday training sessions on workers’ rights for staff at 14 QVCs. The Committee also takes note of the training programmes for licensed recruitment agencies that were developed with a focus on decent work for domestic workers, in coordination with the Philippine Overseas Labor Office (POLO), the International Domestic Workers Federation (IDWF), and the ILO. Furthermore, the Government has taken measures to develop tools and raise awareness in the construction and hotel sectors, including the implementation of a capacity-building strategy involving workers’ groups and the MoL to share knowledge, develop best practices, and launch new recruitment and employment guidelines for Qatar’s hotel sector.

Moreover, according to the progress reports, the MoL revoked the licences of 54 recruitment agencies in 2022 and four in 2023. The Committee notes in this regard that an assessment of the licensing and monitoring system for recruitment agencies was completed in July 2023 by the MoL and the ILO. This assessment reviewed policies, operating procedures and enforcement mechanisms. The third phase of the technical cooperation programme will continue developing a comprehensive inspection framework with standardized tools and guidelines, as well as building inspectors’ capacity.

The Committee welcomes these measures, but notes that challenges remain with regard to recruitment practices. According to a study by the International Trade Union Confederation (ITUC) of 2023 focusing on the recruitment of Nepalese workers, workers continue to pay high recruitment costs (with 99 per cent of workers surveyed having paid recruitment fees to work in Qatar) and, despite gains, migrant workers continue to be deceived about their jobs and salaries. Moreover, while 82 per cent of the workers surveyed indicated that they would work in Qatar again, less than a third of the respondents said they would use the same agency for future recruitment processes, while 72 per cent would not use the same agency again.

The Committee accordingly requests the Government to pursue and strengthen its efforts to ensure that recruitment fees are not charged to migrant workers. It also requests the Government to continue to take measures to ensure the effective implementation of the electronic contract system so that migrant workers are recruited through fair and decent practices and, therefore, are not deceived about their jobs and salaries, once in Qatar. To this end, it requests the Government to continue providing information on the monitoring of recruitment agencies, including the measures taken to strengthen the inspection of agencies and the number of violations committed by agencies concerning recruitment practices, and penalties imposed as a result. The Committee also requests the Government to provide the results of the 2023 assessment of the licensing and monitoring system for recruitment agencies.

(iv) Late payment and non-payment of wages. The Committee welcomes the adoption, in March 2021, of Qatar’s first non-discriminatory minimum wage, which applies to all workers regardless of nationality and occupation, including domestic workers. Moreover, the Committee notes the Government’s information that the Ministry of Labour continues to ensure the implementation of the Wage Protection System (WPS), in which more than 1.66 million workers are registered. The system now includes allowances for food, housing and overtime pay, enhancing clarity and transparency in wage calculations, and detecting payments below the minimum wage. The Government further indicates that, to complement an initiative by the MoL and the Qatar Central Bank to facilitate the opening of bank accounts for domestic workers, a system similar to the WPS is being considered for domestic workers.

The Committee notes, in addition, the concern expressed by the CESCR, in its 2023 concluding observations, that migrant workers frequently experience non-payment or delayed payment of wages (E/C.12/QAT/CO/1). In this regard, the Committee notes from the 2023 progress report, that a block is automatically imposed on the relevant company when the WPS detects that a worker has not been paid or has been paid less than the minimum wage and the MoL will communicate with the company to obtain additional information. If the violation is confirmed and not immediately rectified, a violation notice is issued. There were 3,102 such violation notices issued in 2021, 7,769 in 2022, and 2,927 up to August 2023. The 2023 progress report also indicates that a legislative amendment is being considered to automatically issue fines in case of non-payment of wages. The Committee observes, however, that, according to the 2021 and 2022 progress reports, the main causes of complaints concerned non-payment of wages and end-of-service benefits.

The Committee requests the Government to strengthen its efforts to ensure timely payment of wages to migrant workers and to promptly address any detected violations, ensuring that affected workers receive their due wages without delay. The Committee encourages the Government to sustain its efforts in effectively implementing the WPS and to impose appropriate penalties on companies that delay or fail to pay workers’ wages and dues.

(v) Labour inspection. The Committee notes, from the 2022 and 2023 progress reports, that between October 2021 and October 2022, 19,978 worksites/facilities and 3,406 residential units were inspected, leading to the detection of 7,389 violations in workplaces and 1,427 violations in residential units. Up until September 2023, the MoL’s Labour Inspection Department inspected 22,770 companies, 2,493 accommodation sites and 14,795 worksites. The Committee notes that the technical cooperation programme has continued to support the training programme with the MoL’s Labour Inspection Department. While noting the measures taken by the Government, the Committee requests it to provide information on the number and nature of cases where the Labour Inspection Department has identified violations that could amount to situations of forced labour, and that were subsequently referred to the appropriate law enforcement authorities. It also requests the Government to provide information on any training given to the Labour Inspection Department that relates to the detection and referral of forced labour practices.

(vi) Access to justice. Following its previous comments, the Committee takes note of the detailed information in the Government’s report on the measures taken to enhance the complaint and labour dispute resolution mechanism. These include facilitating methods to lodge complaints by using accessible means, such as the 24/7 hotline or other smart applications and the “Amerni” mobile application. The MoL also recently launched the Unified Platform for Complaints and Whistleblowers to enable employees and workers in the private sector and domestic workers to file complaints digitally.

The Government is also taking measures to improve the efficiency of the complaints and dispute resolution process. In addition to the MoL’s extensive digital transformation plan, the Government indicates that the MoL has established a new department, tasked with reviewing complaints that escalate from the settlement stage to litigation in order to ensure that all pending cases are processed. The MoL is also working on increasing the number of labour dispute settlement committees (DSCs) in order to address the rising number of labour disputes, ensure ease of access for workers to their rights and speed up litigation procedures. According to the 2023 progress report, the number of DSCs increased from three to five in October 2022. Furthermore, the MoL conducts regular comprehensive assessments of labour complaint mechanisms, the settlement process and the DSCs.

The Committee notes, from the 2023 progress report, that 31,549 complaints were lodged in 2022 and 24,862 up to 31 October 2023. In 2022, 227 anonymous complaints were also lodged through the whistle-blower channel. The Committee further notes the statistics shared by the Government, according to which between 1 January 2020 and 31 August 2023, 24,618 cases were referred to DSCs, 12,122 decisions were issued by DSCs, and 17,914 decisions were being processed. As regards the enforcement of these decisions, the Committee notes that a bureau in charge of enforcing the DSC decisions has been established at the Ministry’s headquarters to expedite and complete judicial paperwork on the spot, and to ensure the prompt enforcement of decisions delivered electronically, such as the seizure of company assets and property.

The Committee encourages the Government to pursue its efforts to facilitate the access of migrant workers to the labour disputes settlement committees (DSCs). It requests the Government to continue providing information on the number and nature of complaints by migrant workers who have had recourse to the DSCs, on their outcomes in terms of penalties and reparations, including cases of seizures of company assets and property. Moreover, it requests the Government to provide information on: (i) the average period of time elapsed from the moment of lodging the complaint until the rendering of the decision by the DSCs; and (ii) the effectiveness of the monitoring and follow-up of the conciliation and DSC decisions.

2. Migrant domestic workers. Following its previous comments on Act No. 15 of 2017 for migrant domestic workers and the model contract approved by the MoL in September 2017, the Committee notes that the MoL adopted a revised standard employment contract for domestic workers in 2021. This new contract aligns domestic workers’ rights with those of other private sector workers concerning overtime, termination and sick leave. The Committee notes, from the 2023 progress report, that the QVCs in Bangladesh, India, Nepal, Pakistan, Philippines and Sri Lanka are now processing applications from domestic migrant workers coming to Qatar using the 2021 standard employment contract. Moreover, the digital contract certification system approved by the MoL will be expanded to include the possibility of digital certification of amended employment contracts for domestic workers. The Committee notes in this regard the Government’s indication that 117,435 domestic workers were registered in the established electronic contract system.

The Committee also notes the Government’s detailed information on the measures to which domestic workers continue to have access, and their awareness of the complaints mechanism (see below). For instance, more than 20 information sessions and workshops with domestic workers were organized focusing on Law No. 15 of 2017, the standard employment contract, complaint mechanisms, changing of jobs and occupational safety and health; various panel discussions were held with stakeholders, such as representatives from the domestic workers’ community, the International Domestic Workers Federation (IDWF), the MoL and the MoI, highlighting the impact of the labour reforms on domestic workers and the role of employers in promoting decent work for this category of workers; and two booklets were published aimed respectively at domestic workers (in 12 languages) and employers (in 2 languages), to educate them about their rights and obligations in accordance with the law, in partnership with non-governmental organizations.

The Committee further notes that, apart from the Unified Platform for Complaints and Whistleblowers, which is also accessible to domestic workers electronically, the MoL established a special department to receive complaints by domestic workers and resolve them. The Committee notes in this regard the statistics shared by the Government regarding the number of complaints received from domestic workers from 2021 to August 2023 (a total of 2,571); the number of cases resolved (2,169); and the number of cases that were under review (145). According to the statistics included in the 2023 progress report, between 2021 and October 2023, there were 2,666 complaints lodged. In 2021, 83 per cent of complaints were settled and 16 per cent were sent to DSCs. In 2022, 89 per cent of complaints were settled and 9 per cent were sent to DSCs. In 2023, 82.4 of complaints per cent were settled while 6.8 per cent were sent to DSCs.

Furthermore, the Committee notes the concern expressed by the United Nations Human Rights Committee, in its 2022 concluding observations, that the reported cases of abuse against migrant workers, in particular domestic workers, are under-represented owing to fear of reprisal from the employer and the risk of being accused of leaving the workplace without permission (“absconding”) and then of being detained or deported (CCPR/C/QAT/C0/1). In addition, the CESCR, in its 2023 concluding observations, expressed concern about reports that many domestic workers continue to be subjected to abusive working conditions, including excessive working hours with no rest and no days off, passport and mobile phone confiscation and, in some cases, physical, verbal or sexual assault (E/C.12/QAT/CO/13).

While noting the measures taken by the Government, the Committee requests it to pursue its efforts to protect migrant domestic workers from abusive working conditions, in some instances in circumstances tantamount to forced labour. In this regard, the Committee requests the Government to: (i) ensure the effective implementation of the 2021 standard employment contract and the identification of cases of exploitation through effective monitoring, including by the labour inspectorate; and (ii) pursue its measures aiming to facilitate the access of migrant domestic workers to the complaints mechanisms and to ensure that their complaints are treated promptly. The Committee requests the Government to continue to provide information in this regard, as well as on the number of migrant domestic workers registered in the electronic contract system. The Committee requests the Government to provide information on the number and nature of complaints filed by migrant domestic workers and the outcome of such complaints, including the penalties applied to employers. It also requests the Government to indicate the measures taken or envisaged to ensure the protection of migrant domestic workers from employer reprisals or false absconding charges.

Article 25.Imposition of penalties. In its previous comments, the Committee took note of section 322 of the Penal Code, providing for punishment, by a fine or imprisonment of up to six months, for the crime of obliging somebody to work, with or without a salary. The Committee also took note of the number of cases of passport confiscation and non-payment of wages that were prosecuted by virtue of this provision, but observed that the penalties imposed consisted only of fines.

The Committee notes the Government’s indication that efforts are being made to increase investigations into cases of forced labour and to convict more labour traffickers in comparison to previous years by the National Committee for Combating Human Trafficking (NCCHT), through the effective implementation of the provisions of Act No. 15 of 2011 on Combating Human Trafficking (as amended by Act No. 5 of 2020). The Committee observes with regret, however, that the Government provides no information on such investigations and convictions, either on violations such as passport retention or non-payment of wages, or on instances that have been identified and prosecuted as forced labour cases, other than those related to trafficking.

The Committee once again reminds the Government that, by virtue of Article 25 of the Convention, the exaction of forced or compulsory labour shall be punishable as a penal offence, and the penalties imposed by law shall be adequate and strictly enforced. The Committee once again urges the Government to ensure that proactive investigations into cases and prosecutions of those suspected of exploitation amounting to forced labour are carried out, and that, in accordance with Article 25 of the Convention, dissuasive penalties are actually imposed on persons who exact forced labour from migrant workers. In this regard, it requests the Government to provide information on the measures taken to strengthen the capacities of the law enforcement bodies to identify and undertake investigations in cases where non-payment, underpayment, delayed payment of wages, passport confiscation or worker-paid recruitment fees are detected, to assess if the situation amounts to forced labour. The Committee once again requests the Government to continue to provide information on the judicial proceedings instigated, the number of judgments handed down in this regard, and the nature of the penalties applied.

The Committee is raising other matters in a request directly addressed to the Government.