When bankers get trapped in the Gulf
The ordeal of David Proctor, a British banker held in Qatar for 14 months at the behest of his employer, finally came to an end last week. However, it provides a stark warning to expat financiers of the potential pitfalls of the Middle East's employment law.
Locally, Proctor's story has gone relatively unreported. The full, and rather emotive, account of how he was held against his will in Doha following a disagreement with his employer - Al-Khaliji Bank - can be found in Euromoney magazine.
Essentially, Proctor (CEO of the bank) was refused exit from Qatar following a falling out over the bank's strategy with His Excellency Sheikh Hamad Bin Faisal Bin Thani Al-Thani. He was finally allowed to return to the UK last week.
Sadly, his case isn't an isolated one. Three British bankers - Alistair MacLeod, Anthony James and Cliff Giddings - have also been unable to leave Bahrain for ten months, after being placed under criminal investigation over the collapse of Saudi's Awal Bank.
Over the ten months, the trio have not been charged, and the case appears predicated on a report commissioned by the Central Bank of Bahrain and undertaken by British private investigation company, Hibis. The bankers are currently contesting the accusations.
Last year, two Australian executives were jailed for six months in Dubai without charge over deals that had gone wrong during the financial crisis.
Under the labour laws of the UAE, Qatar and Bahrain, foreign workers require the permission of their employer to leave the country on every occasion. In most cases, this is a mere formality, but these incidents demonstrate how easily the rules can be enforced.
Any employer is well within their legal rights to deny a foreign worker's request to leave.
Stuart Walker, partner at law firm Afridi & Angell, says: "The police will confiscate a person's passport if there is an ongoing investigation into a criminal matter. The passport will be returned once the investigation is complete (or once any custodial sentence has been served)."
He adds that the previously common practice of employees handing custody of their passport to employers as a matter of course is "no longer acceptable".
It seems unlikely that any Western banker lured to the Middle East by an international firm would face a situation where they're held in the country against their will. But could this dent the reputation of local banks, and deter international talent from making the move in the future?
Rory Adamson, director of Bahrain-based headhunter Azrek, believes not: "The important thing is to go into any job here with your eyes open. Do your research into employment laws, and accept that the working culture in the Middle East is different from Western markets."
