An Equal Treatment for Domestic Workers: Qatari Law and International Law

Abstract

Objectives: This article aims at studying the rights and obligations of domestic workers under Qatari Law No. 15/2017, Promulgating the Domestic Workers Law in comparison with the Domestic Workers Convention, 2011 (No. 189) issued by the International Labor Organization (ILO). It also aims at shedding light on the principle of equal treatment between domestic and regular workers, which is fully adopted by the International Convention.  

Methods: This study follows a descriptive, analytical, and comparative methodology. Hence, the legal provisions were reviewed and analyzed, then compared at two levels: a comparison between the provisions of the national law and the International Convention and a comparison between Qatari Law No. (15) relating to domestic workers and the Qatari Employment Law.

Results:  The study found that Qatari law was and still excludes domestic workers from the ambit of the Employment Law; this, in turn, does not allow applying any of the provisions of the Employment Law to domestic workers, even if it includes a preferential rule. The International Convention aims to achieve equality between regular and domestic workers. The particular law that relates to domestic workers should only apply when it grants an advantage that is not given under Employment Law, i.e., Employment Law must still be referred to as being the general law.

Conclusions: Qatar legislators should adopt International Convention No. 189, or at least adopt more of its provisions, to approach the principle of equal treatment.