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 the 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: comparison between the provisions of the national law on the one hand and the International Convention on the other hand, and comparison between Qatari Law No. (15) relating to domestic workers and the Qatari Employment Law. Results: The study reached some results, the most important of which is 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. On the other hand, the International Convention aims at achieving 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. That is to say, Employment Law must still be referred to as being the general law. Conclusions: Qatari legislator should adopt International Convention No. 189, or at least adopt more of its provisions, in order to better approach the principle of equal treatment.