Qatar - 2011

Freedom of association / Right to organize

Principles

Freedom of association :

• >The right to freedom of association is enshrined in the Constitution.

• >The right to freedom of association is recognized by law but strictly regulated.

Restrictions

Legal barriers to the establishment of organizations:

>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.

Restrictions on workers' right to form and join organizations 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 organize their administration:

>Restrictions on the right to freely draw up their constitutions and rules

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.

>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.

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

>Domestic workers

People performing domestic work, such as drivers, nurses, cooks, gardeners and similar workers are not allowed 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.

>Other civil servants and public employees

Government employees are not allowed to organise.

>Police

>Armed forces

>Others categories

Workers employed at sea as well as casual workers are not allowed to organise.

Right to collective bargaining

Principles

Right to collective bargaining:

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

Restrictions

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.

Right to strike

Principles

Right to strike:

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

Although the Labour Code recognises the right to strike, it contains so many obstacles that it is extremely difficult to carry out a strike within the law.

Restrictions

Legal 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.

>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 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.

Provisions undermining 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.

Limitations or ban on strikes in certain sectors:

>Undue restrictions for "public servants"

Civil servants cannot strike.

>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.

>Other limitations (e.g. in EPZs)

Domestic workers cannot strike.