Freedom of association / Right to organise

Freedom of association

The right to freedom of association is recognised by law but strictly regulated.

Anti-Union discrimination

The law does not specifically protect workers from anti-union discrimination.

Restrictions on workers’ right to form and join organisations of their own choosing

Single trade union system imposed by law and/or a system banning or limiting organising at a certain level (enterprise, industry and/or sector, regional and/or territorial, national)
The country’s Labour Code allows for only one trade union: the General Union of Workers of Qatar, made up of the General Committees covering workers in different trades or industries.

Restrictions on trade unions’ right to organise their administration

Restrictions on the right to freely draw up their constitutions and rules
Decree No. 10/2006 provides that the statutes of labour organizations (committees) shall conform to the annexed model statute.

Barriers to the establishment of organisations

Excessive representativity or minimum number of members required for the establishment of a union
Each of the General Committees, which together make up the General Union of Workers of Quatar, must have a minimum of 100 members.

Categories of workers prohibited or limited from forming or joining a union, or from holding a union office

Other civil servants and public employees
Government employees are not allowed to organise.
Administrative authorities’ power to unilaterally dissolve, suspend or de-register trade union organisations
The Minister may dissolve any workers\' organisation that carries out activities that are prohibited by the Labour Law.
Non-national or migrant workers
Migrant workers do not have the right to organise.
Agricultural workers
Workers employed in agriculture and grazing, apart from self-employed persons and those who are permanently employed in the operation or repair of necessary agricultural mechanical appliances, are not allowed to organise.
Domestic workers
People performing domestic work, such as drivers, nurses, cooks, gardeners and similar workers are not allowed to organise.
Others categories
Workers employed at sea as well as casual workers are not allowed to organise.
Restrictions on workers’ right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
Under article 116 of Labour Law No.14, “More than one committee in the establishment may not be formed. The workers committees in the establishments engaged in one trade or industry or similar or interrelated trades or industries are entitled to form a general committee from amongst themselves to be named the General Committee for the Workers of Trade or Industry. The general committees of the workers of the various trades and industries may form a general union to be named the "General Union of the Workers of Qatar".”
Restrictions on trade unions’ right to establish branches, federation and confederation or to affiliate with national and international organisations
Under article 123 of Labour Law No. 14, "The General Union of the workers of Qatar may, after approval of the Ministry, join any Arab or International Organizations working in the field of the Workers Organizations.”
Restrictions on the right to freely organise activities and formulate programmes
Workers' organisations are prohibited from engaging in any political activity, from distributing materials that insult the state or the government, from entering into financial speculations, and from accepting gifts without the approval of the Ministry.
Restrictions on the right to elect representatives and self-administer in full freedom
Section 4 of the model statute provides that union members shall be Qatari, and that non-Qatari workers, while they may affiliate on condition that they are in possession of work permits and have worked in the country for at least five years, shall not have the right to vote, nominate candidates or attend general assemblies but only to select a representative to express their point of view to the board.

Right to collective bargaining

Right to collective bargaining

The right to collective bargaining is recognised by law but strictly regulated.

Restrictions on the principle of free and voluntary bargaining

Exclusion of certain matters from the scope of bargaining (e.g. wages, hours)
The law allows trade unions to carry out collective bargaining but heavily curtails this right by maintaining government control over the rules and procedures for bargaining, including restrictions on the content, scope, duration and interpretation of the agreements.

Restrictions on the scope of application and legal effectiveness of concluded collective agreements

Restrictions on the duration, scope of application or coverage of collective agreements
The law allows trade unions to carry out collective bargaining but heavily curtails this right by maintaining government control over the rules and procedures for bargaining, including restrictions on the content, scope, duration and interpretation of the agreements.

Barriers to the recognition of collective bargaining agents

Undue requirements regarding trade unions’ structure, composition and affiliation
The country’s Labour Code allows for only one trade union: the General Union of Workers of Qatar, made up of the General Committees covering workers in different trades or industries.

Limitations or ban on collective bargaining in certain sectors

Other civil servants and public employees
The Labour Law does 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, and the workers whose employment affairs are regulated by special laws" (art.3 of Labour Law No. 14).
Other categories
The Labour Law does not apply to workers employed at sea, agricultural workers, domestic workers and casual workers (art.3 of Labour Law No. 14).
Compulsory conciliation and / or binding arbitration procedure in the event of disputes during collective bargaining, other than in essential services
Article 130 of Labour Law, Law No. 14 provides that "if the mediation of the Department does not lead to the settlement of the dispute within 15 days from the date of the employer's reply, the Department shall submit the dispute to a conciliation committee for its decision thereon.[...]The decision of the committee shall be binding on the two parties to the dispute if the parties had agreed in writing to referring the dispute to the committee before its meeting to decide on the dispute and if there is no such an agreement in this respect the dispute shall be referred to an arbitration committee within fifteen days and the arbitration shall be mandatory for the two parties.”

Right to strike

Right to strike

The right to strike is recognised by law but strictly regulated.

Barriers to lawful strike actions

Previous authorisation or approval by authorities required to hold a lawful strike
The Ministry of Labour, in coordination with the Minister of Interior Affairs, must approve the time and place of a strike.

Limitations or ban on strikes in certain sectors

Undue restrictions for "public servants"
Civil servants cannot strike.

Undermining of the recourse to strike actions or their effectiveness

Absence of specific protection for workers involved in lawful strike actions (e.g. against dismissal)
Under the same conditions as for workers in the private sector, employers are authorised to lock out or sack workers.
Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
No worker in a public utility, health or security service can strike if it harms the public or causes damage to property. Workers in petroleum- and gas-related industries, seaports and all forms of transportation fall under this category.
Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
In order to call a strike, ¾ of the General Committee of the workers in the trade or the industry must approve of the action.
Excessively long prior notice / cooling-off period
Workers\' committees are requested to give the employer a period of not less than two weeks before commencing the strike.
Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
A lengthy dispute resolution procedure must be exhausted before a lawful strike can be called.
Other limitations (e.g. in EPZs)
Domestic workers cannot strike.
Other undue, unreasonable or unjustified prerequisites
In the private sector, although most workers have the right to strike, they can do so only after the Labour Department of the Ministry of Civil Service has ruled on the dispute, which effectively neutralises the purpose of striking.

Other restrictions

Other restrictions
The Labour Law does not apply to workers employed at sea, agricultural workers, domestic workers and casual workers (art.3 of Labour Law No. 14).

Ban or limitations on certain types of strike actions

Restrictions with respect to the objective of a strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)

Undue interference by authorities or employers during the course of a strike

Authorities’ or employers’ power to prevent or end a strike by referring the dispute to arbitration
Section 130 of Labour Law No. 14 imposes a procedure of compulsory arbitration before a strike may be called.