Processes for payment of outstanding monies to employees by the Workers’ Support and Insurance Fund

The board of directors of the Workers’ Support and Insurance Fund (“Fund”) issued its long awaited Decision No. 2 of 2022 concerning the procedures and control of settling certain monies owing to employees from their employer (the “Decision”). The Decision was published in Official Gazette No. 3 of 2022 and came into force on 20 April 2022.

Law No. 17 of 2018 established the workers’ support and insurance fund (the “Workers’ Support and Insurance Fund Law”).  Article 16 provides for the Board of Directors of the Fund to make decisions concerning enforcement procedures of the Fund and the Decision is made pursuant to that provision.

Who are covered?

Employees and employers who are subject to Law No 14 of 2004 establishing the Labour Law and domestic workers who are subject to Law No. 15 of 2017 establishing the “Domestic Workers Law”.

How does it work?

The Fund was established to provide support, security and welfare to employees and domestic workers, and to safeguard their rights by providing a healthy and safe working environment. In particular, the Fund was established to:

• provide sustainable financial resources necessary for support and security for employees and domestic workers;
• pay any entitlements due to employees or domestic workers as awarded by the Labour Dispute Resolution Committee (the “Committee”), and then claim back from the employer what the Fund has advanced to such employee/domestic worker;
• contribute to the provision and establishment of playgrounds, entertainment areas or workers’ accommodation, in coordination with the competent entities in Qatar.

The Decision clarifies the circumstances applicable for the Fund to directly pay funds to employees and domestic workers in respect of the following circumstances:-

• The issue of a final decision by the Committee or a competent court upholding entitlements due to an employee by an employer.
• Payments in the public interest of (i) an overdue monthly salary (ii) an entitlement arising prior to the implementation of the Decision provided that funds are available; (iii) or other emergency or exceptional payment, provided it is in the public interest to do so.

The Maximum Limit of funding:

There are limits placed on payments from the Fund as set out in the following table:

However, if there a public interest justifying the same additional payments can be made with the approval of the Chairman of the Board of Directors of the Fund.

Workers’ Support and Insurance Fund Financing

Pursuant to Articles 4 and 17 of the Workers’ Support and Insurance Fund Law, the Fund’s resources consist of: (a) financial amounts allocated by the State for the operational expenses of the Fund; (b) an amount equivalent to 60% of amount of fees derived from of granting and the renewal of work permits; (c) returns on investment of the Fund’s assets; and (d) gifts and donations accepted by the Board of Directors of the Fund.

Pursuant to Articles 8, 11 and 12 of the Decision, where an employer has come to a written settlement with an employee, the Fund will hold off on any process of payment of entitlements.

What are the consequences for an employer?

Any payments made by Fund may be the subject of a claim by the Fund against the offending employer.   Any delay in settlement of amounts to an employee by the employer may lead to fines as well as suspension of the grant of any new work permits requested by the employer. Therefore, it is important that an employer makes payments ordered by the Committee or a court or comes to some settlement with the employee.

How can we help you?

We would be delighted to provide more information about this development, or support your entity in adapting to the new regulatory framework. Please let us know if we can assist by contacting us.