Business Ethics

Term Paper

Section E

Violation of contractual workers’ living standards by

employers in the construction sector: A case study of
Indian and Nepalese workers in the FIFA World Cup Stadium
Construction in Qatar

Ayush Singh
0333/56
ayushs2021@email.iimcal.ac.in

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Table of Contents
Abstract ..................................................................................................................................... 3
Introduction .............................................................................................................................. 3
Overview of Current Situation ............................................................................................... 4
Literature ................................................................................................................................. 6
Ethics around Employer-Employee Relations ....................................................................... 6
Basic Human Rights at Workplace ........................................................................................ 7
Methodology ............................................................................................................................. 8
Result and Conclusion ............................................................................................................. 9
Recommendations .................................................................................................................. 10
References ............................................................................................................................... 11
Appendix ................................................................................................................................. 12

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Abstract - Qatar’s treatment of its army of migrant workers has been the source of scrutiny
ever since the small but wealthy nation surprisingly won the right to stage the World Cup in
December 2010. The harrowing living conditions compounded by the extreme climate have
resulted in loss of 1200+ lives as per German Broadcaster WDR. This has led to debate around
the ethical stance of the Construction firms, Qatar’s govt. as well as the FIFA governing body
on this issue. It also opens up the opportunity for broader discussion on treatment of contractual
workers in the construction sector. This research would look to discuss the issues and
challenges faced by the migrant workers and compare it with the international labor convention
standards. Towards the end, we would discuss possible measures and alternatives that can be
taken to remedy the current status quo.

Introduction
According to a Guardian investigation published on October 7, According to a Guardian
investigation published on October 7, 2019 based on data obtained from official Nepali and
Indian sources, the main reason for death of 676 of at least 1,025 Nepalis in Qatar between
2012 and 2017 and 1,345 of 1,678 Indians died in Qatar between 2012 and August 2018 was
debatably attributed to “natural causes.” According to data derived from death certificates
issued in Qatar, the causes listed included cardiac and/or heart attack, respiratory failure, and
“sickness,” which seem like a cover up for real cause of deaths and hence make it impossible
to determine if they may be related to working conditions, such as heat stress. In doing so,
Qatar’s labor law is able to deny families compensation, leaving many of them helpless in the
dearth of their sole income provider.
In 2014, a report the Qatari government commissioned by the international law firm DLA
Piper noted that the number of worker deaths in Qatar attributed to cardiac arrest, a general
term that does not specify cause of death, was “seemingly high.” The report presented two
key recommendations in that regard that authorities have not carried out. One
recommendation was to reform laws to mandate autopsies or post-mortem examinations into
“unexpected or sudden deaths.” The second was for an independent study into the “seemingly
high” number of deaths vaguely attributed to cardiac arrest.
Qatar expected the World Cup to be a jewel in its soft-power crown, a demonstration of how
the country has emerged as a preeminent player in the Arab world and beyond. Since the turn
of the century, Qatar’s ruling Al Thani family has harnessed seemingly limitless reserves of
natural gas to transform the country, once a British colonial outpost known for fishing and
pearl-diving, into an advanced society capable of competing with New York, Singapore or
Dubai as a global destination city. Yet Qatar must now reconcile the internal tension between
its ambition, which is dependent on an abundance of low-cost migrant labor, and the attention
its global profile now attracts to both the conditions facing those workers and their demands
for rights.

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Overview of Current Situation
THE large number of deaths that have resulted from the construction of stadiums for the 2022
World Cup in Qatar, has put the Gulf state under harsh global scrutiny.
The Human Rights Watch (HRW) is asking for new laws to protect construction staff from
working in the life-threatening conditions, over 800,000 migrant workers potentially being
subjected to working outside in severe heat.

According to a report published by

International Trades Union
Confederation (ITUC) almost 1200
workers have already died (Figures as
of September, 2017) since the World
Cup bid was awarded to Qatar in
2010.
To put that number in some
perspective the ITUC also revealed
the amount of workers killed in the
lead up to other major sporting events
around the world.
The next highest number of deaths
were in the 2014 Sochi Winter
Olympics with 60 people killed and
the 2004 Athens Olympics with 40
killed.
Ten workers died before the 2010
Beijing Olympics and only seven
were killed while working in
construction for the 2014 Brazil
World Cup.
There were zero construction fatalities
for the 2012 London Olympics and a
single death for the 2000 Sydney
Olympics.

Hundreds of labourers in Qatar die each year, with the majority of the fatalities attributed to
heart attacks or “natural causes” by the Qatari authorities. Many are young men who die in
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their sleep – a phenomenon locally dubbed “sudden death syndrome”. In many cases no
autopsies are performed on the bodies of migrant workers, whose deaths have been attributed
to cardiovascular or mere “natural” causes.

In 2014, a report from Qatari regime’s own lawyers, international law firm DLA Piper,
recommended that it commissioned research into the deaths of migrant workers from cardiac
arrest. Yet so far it has failed to take action.

At least 1,025 Nepalis died in Qatar between 2012 and 2017, 676 of them from causes
deemed to be natural. The causes included cardiac arrest, heart attack, respiratory failure and
“sickness”, according to a number of official sources, including the
Foreign Employment Board, a government agency in Nepal responsible for the welfare of
migrant workers. The FEB’s data is largely derived from death certificates issued in Qatar.

Data from the Indian government reveals that 1,678 Indians died in Qatar between 2012 and
August 2018. Of these deaths, 1,345 were classified as “natural” – a rate of four each week.

Qatari law prohibits post-mortem examinations except in cases where a crime may have been
committed or the deceased may have suffered from an illness prior to death.

However, the 2014 DLA Piper report recommended that the law “be extended to allow for
autopsies or post-mortem examinations in all cases of unexpected or sudden deaths”.

A forensic expert in Qatar told the Guardian that in the majority of these cases, only an
external examination is performed to determine the cause of death. Qatar’s reluctance to
perform autopsies has left families across south Asia confused and suspicious about how their
loved ones died.

Source for the above Quotes, data and image: Appendix – News Articles

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Literature
Ethics around Employer-Employee Relations
When a person becomes an employee of a firm, there are two forms of contracts that he is
entering into with the employer. They are:
Employment Contract:
This is a formal piece of document signed between the employer and the employee and it
contains the terms of work or service to be provided in return for a well-defined
remuneration.

Psychological Contract:
This is an unwritten contract which comprises of mutual beliefs, and informal obligations
perceptions between an employer and an employee. It defines the detailed practicality of the
work to be done and sets the dynamics for the relationship. It is distinguishable from the
formal written contract of employment which only identifies responsibilities and mutual
duties in a generalized form.
Psychological contracts are formed by beliefs about exchange agreements and may arise in a
large variety of situations that are not necessary employer-employee. However, it is most
significant in its function as defining the workplace relationship between employer and
employee. In this capacity, the psychological contract is an essential, yet implicit agreement
that defines employer-employee relationships.
A breach in the Psychological Contract occurs if employees perceive that their firm, or its
agents, have failed to deliver on what they perceive was promised, or vice versa. Employees
or employers who perceive a breach are likely to respond negatively as it may oftentimes
result in an immediate response of mistrust from the other side. Responses may occur in the
form of reduced loyalty, commitment, and organizational citizenship behaviors. These
feelings typically increase negative tension in the environment. Perceptions that one's
psychological contract has been breached may arise shortly after the employee joins the
company or even after years of satisfactory service.

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As seen in case of construction workers in Qatar, they had surely been cheated on the
psychological contract of their jobs by the employers who took full advantage of the power
and relative lack of awareness and literacy of the workers. They had establish agencies in
villages of India and Nepal who would lure workers into signing the contract by giving a
false sense of the life and opportunities in Qatar. But upon reaching there, their passports
were seized and they had no choice but to live in the desert slums of the country.
This sheer violation of psychological contract should have been challenged before the court
of law but due to the political affiliations and relative strength of the construction firms vis-à-
vis the workers stuck in an unknown country it could never materialize.

Basic Human Rights at Workplace

Human rights are universal. Every person in the world deserves to be treated with dignity and
have the interests considered equally. While the governments have the legal duty to protect
the individuals against human rights abuses, businesses are often increasingly recognising
their own moral, legal, and commercial responsibility—also when it comes to the workforce.
Whatever the terms of the employment contract may be, there are certain basic human rights
that the employer can never deny the employee, and these are beyond the paradigm of the
industry or even the country.
These include:
 Right to a safe workplace, that is, the work environment should not be such that it
becomes hazardous to the employee
 Access to basic medical remedies in case of a mishap
 Provision of norms to prevent employees from exploitation
 Right to enforce the contract in case of violation of the terms and conditions by the
employer
 Right to deny/leave the work once the contract has been completed
All the above mentioned points were missing in case of migrant workers in Qatar.

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Methodology
Our goal was to explore the following:

 The initial promises made to them before going

 Experiences of low-income workers in Qatar. We wanted to know more about their
lifestyle and routine
 The working conditions they had to undergo across different seasons
 We also wanted to know about the king of social interaction they had and about the
way they were treated by their employers
 Health facilities provided to them at workplace and at their shelters
 About the passport situation and if they could return back to their respective country
at will
 If they could challenge any action of the employer against them openly or in a court
of law
 Fair and timely payment of compensations/wages

For this study, we have used the analysis of an interview of an ex-migrant worker from India
who had worked in Qatar and would compare the findings to the statements given by Qatar
Government and FIFA and also with the findings of an independent human rights group
(Amnesty International).

Analysis
We would analyse the responses of the interviewee with respect to the following:
 Psychological Contract:
- Promises made to them vs. the reality
- Provision of workplace safety measures
- Provision of healthcare facilities

 Basic human rights at workplace

- prevention from hazardous workplace environment
- habitable living conditions
- right to return back to home country after completion of contract terms
- right to a fair trial in case of breach of contract by the employer

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Result

Response by
Response by Qatar Amnesty Response by
Factor
Govt. and FIFA International Interviewee
Report
Almost always
Timely payment of
Most of the times Only in some sites deferred by a
the wages
month or two
No. Could never
Right to a fair trial in
Govt. would always raise a voice
case of a breach in No
ensure fair trial against the
contract
employers.
Sites were closed
Hazardous working Numerous deaths
during extreme Most of the times
conditions due to heatwave
heat conditions
Some safety
Provision of Firm’s Highly negligent measures were
workplace safety responsibility to behaviour on the provided but
measures provide as per law part of firms accidents happened
often
Is not legal and A lot of firms did Happened to the
Seizing of Passports
firms would be that and no workers within the
of the migrant
liable if such action punitive action first month of
workers
is reported against them arrival
Could be improved Could not take a
Healthcare facilities but they are Absent fellow worker to
working towards it hospital in time
Hygiene at the
Decent in certain
worker settlement Abysmal Like a slum
sites
camps

As we can see, the responses given by the Qatari Govt. are very different by that of the
Amnesty International report and the ex-migrant worker.

Conclusion
This case shows us how employers can exploit workers and deny them of basic human rights
if not given protection by the government, as in the case of construction sector migrant labour
of Qatar. It is a grim situation that has developed and has consumed over thousands of lives
for it to get global attention. Immediate actions for compensation and remediation should be
initiated on behalf of FIFA and Qatar Govt. and enquiry must be conducted for the defaulting
firms.

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Recommendations
Qatari authorities should replace the limited midday summer work ban with a legal
requirement based on true weather conditions concurrent with international best practice
standards. It should include rest-to-work ratios corresponding to the risk from heat, access to
shade, hydration, and prohibition of work during all times of high potential heat risk. The
authorities should engage heat stress specialists in drafting legislation including meaningful
sanctions for noncompliance.
Authorities should also provide data on migrant worker deaths from the past years, and also
state the cause of death, amend its law on autopsies to make medical examinations
compulsory and allow forensic investigations into such unexplained deaths, and pass
legislation stating that all death certificates include reference to a medically significant cause
of death.
India, Bangladesh, Nepal, and other such countries should insist that Qatar carry out
investigations into worker deaths, and put in place reforms to protect workers from heat,
Human Rights Watch said.

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 References

Research Papers
 Ahmed Senouci, Ibrahim Al-Abbadi, and Neil Eldin. “Safety improvement on building
construction sites in Qatar”. Creative Construction Conference 2015 (CCC2015).
 ANDREW GARDNER, SILVIA PESSOA, ABDOULAYE DIOP, KALTHAM AL-
GHANIM, KIEN LE TRUNG and LAURA HARKNESS. “A Portrait of Low-Income
Migrants in Contemporary Qatar”. Journal of Arabian Studies 3.1 (June 2013).
 “THE UGLY SIDE OF THE BEAUTIFUL GAME EXPLOITATION OF MIGRANT
WORKERS ON A QATAR 2022 WORLD CUP SITE”. Amnesty International.
INDEX: MDE 22/3548/2016.
 HassanAl-Thani, AymanEl-Menyar. “Epidemiology of occupational injuries by
nationality in Qatar: Evidence for focused occupational safety programmes”.

News Articles
https://www.worldpoliticsreview.com/articles/28265/ahead-of-the-2022-world-cup-in-qatar-
migrant-workers-continue-to-die
https://www.bbc.com/news/magazine-33019838
https://www.arabnews.com/node/1508061/media
https://www.theguardian.com/global-development/2019/oct/07/sudden-deaths-of-hundreds-
of-migrant-workers-in-qatar-not-investigated
https://www.hrw.org/news/2019/10/10/qatar-urgently-investigate-migrant-worker-deaths
https://www.independent.co.uk/sport/football/world-cup/qatar-2022-world-cup-deaths-
workers-report-a8943096.html
https://www.theguardian.com/global-development/2019/oct/02/revealed-hundreds-of-
migrant-workers-dying-of-heat-stress-in-qatar-each-year
https://www.dw.com/en/qatar-2022-fifa-admits-violation-of-workers-standards/a-49078052
https://observatoryihr.org/news_item/labour-conditions-in-qatar-could-result-in-as-many-as-
4000-deaths-before-the-start-of-the-2022-world-cup/
https://www.news.com.au/world/asia/death-toll-rises-in-the-lead-up-to-the-2022-world-
cup/news-story/43896b31023dd6ab6ed213637fe4d3e7
https://gulfnews.com/world/gulf/qatar/qatar-covered-up-the-death-of-1200-workers-
1.63329360
https://www.mirror.co.uk/sport/football/news/qatar-world-cup-2022-deaths-13414982

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 Appendix

Interview of an ex-migrant worker in Qatar

Q. When did you get to know about this opportunity?
A. In 2011.
Q. From where?
A. Through a friend who had signed up for it. There was a company booth in the village that
hired him.
Q. What did they tell you about the job?
A. They said that I’ll be able to earn a lot there. I was anyways just a farm worker here. They
gave examples of other people who have gone and can now send money back to their families
from Arab.

Q. Anything else?
A. Yes. They said I can come back once in a year.
Q. What documents did they ask you to submit?
A. They required my ID, ration card, passport and to sign on a few papers.
Q. And did they return those to you?
A. They returned the ration card. The other two they kept.
Q. When did you leave India?
A. 2011 December.
Q. What work did you do there?
A. Construction labour.
Q. How was the workplace?
A. There were many new machines. We were given some training to use them. Almost all the
workers were from India and Nepal.
Q. How were the working conditions?
A. In the December it was manageable. But as summers started it was very tough. By April
we started having people fainting at the workplace.
Q. And did the work stop?
A. We were given some rest during afternoon. But the work never stopped.
Q. How were your living quarters?
A. Very dirty. We had to share a room amongst 12 people. And only one toilet which often
ran out of water.
Q. And what about food and water?
A. Drinking water was a problem. We often were short of it in the camp. At least got that in
our workplace. Food we had to cook for ourselves.
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Q. Cleanliness?
A. Very poor. Mostly because of scarcity of water. Many people would fall sick.
Q. And did you have medical facilities?
A. Not much. I remember once a worker in a neighbouring camp fell ill in the night. We
could not take him to hospital in time.
Q. What about at workplace? Did you have safety measures?
A. We were given a helmet. People used to take care. But still accidents were common.
Q. Did they pay you on time?
A. (Laughs) On time? Almost never. It always came after one or two months. That was
common across the camp.
Q. Could you go to a court if they did not pay you on time?
A. Never. We can never say anything against the employer.
Q. How long was your contract?
A. 1 year.
Q. Were you allowed to come after that?
A. No. They made me work for half year more. But I was lucky to escape. Most of my
fellows might as well still be there. They do not give you passport back easily.
Q. Did you see or heard of deaths of fellow workers?
A. It was shocking in the first. But after a few months, it had become a normal thing. We
would be sad but knew we have to go back and work the next day. The work cannot stop!

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