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The kafala system or kefala system (Arabic: نظام الكفالة niẓām al-kafāla, lit. ' sponsorship system ' ) is a system in the Middle East that involves binding migrant workers to a specific employer throughout the period of their residence in a country.
The Kafala system is not legally binding in Lebanon because recruiters cannot act as a sponsor. [24] Instead the system is made up of a number for administrative regulations, customary practices and legal requirements which bind the worker to the recruiter temporarily. [25]. Once in Lebanon, the migrant domestic worker is assigned an employer ...
Additionally, in 2015, the Qatari government announced its plan to set up an electronic contract system, in which workers can find their labor contract which would be available in ten different languages. [68] In January 2020, Qatar ended the 'kafala' sponsorship system with reforms and the removal of exit permit requirements for most workers.
The kafala system is a major issue for South Asian labourers in the Persian Gulf region. The most common practice is the taking away of their passport. Further disenfranchisement is used through the lack of proper housing, occasional verbal abuse, and garnishment of wages.
The sponsorship system known as Kafala is almost the only way to recruit migrant workers. It is also used to strictly monitor migrant workers, who mainly work in the construction and domestic sectors. Access to justice remains difficult for migrants in Kuwait.
The kafala system, present in a number of other Arab countries, governs the conditions and processes for employment of foreigners. Under this system, all non-Saudis present in the country for employment purposes must have a sponsor, which is usually arranged months in advance. [35]
The human rights of migrant workers is limited by the country's Kafala system, which stipulates their requirement of a Qatari sponsor and regulates their entry and exit. [11] Prospective migrant workers from origin countries sometimes face exorbitant recruitment fees, surpassing government-set limits, paid to licensed and unlicensed recruitment ...
According to Human Rights Watch, the kafala system in Saudi Arabia has subjected thousands of migrant workers to be abused by their employers in ways such as non-payment of wages, forced confinement in workplace, confiscation of passports, excessive work hours with little rest, physical and sexual abuse, and forced labor including trafficking.