QUESTION: I and my family are held up in Doha due to non-issuance of exit permit by my sponsor. My sponsor is out of country for many months and I have been requesting to allow me to send my family home. When I phoned him he asked me to wait otherwise he will file a case against me for allowing family to go. I am not involved in any civil or criminal case. Do I require an exit permit for my wife and children? I want to send my family home urgently.
KI, Doha
ANSWER: As per law wives and children of foreign workers holding a valid residence permit do not require an exit permit from sponsor to travel out of the country. For your exit, you may seek a clearance certificate from court since exit permit is denied by your employer. When there is no pending court case or judgment, you will then be allowed to leave the country without an exit permit.
Sponsorship laws provide solutions for exit permit issues. Workers whose sponsors refuse to issue them an exit permit, or if the sponsors are out of the country or have died, can seek a clearance certificate from a competent court certifying that they do not have a court ruling or a case against them and they would be allowed to travel out of the country without an exit permit. Such a certificate may only be issued after 15 days from the date of publishing the travel date of the employee in two daily newspapers.
Promissory note under the law
Q: A relative of mine who is in financial trouble is asking assistance from me under the guarantee of a promissory note. He has no good bank account so he cannot issue cheques. What is a promissory note under Qatar laws? Is this valid? What should I verify in this matter? Please advise.
ST, Doha
A: A promissory note is an unconditional undertaking signed by the maker of the note to pay a certain sum on its date of maturity at the place of payment stated in the note. The note should contain a stipulation of order or the expression “promissory note” written in the text of the note in the language in which it is made. If the maturity date is not stated, it shall be deemed to be payable at sight. If the place of payment is not indicated in the note, the place of making shall be deemed to be the place of payment and domicile of its maker.
Entitlement for maternity leave
Q: Is it legally allowed my employer to terminate my services on grounds of maternity leave? I have been working in the company for four years and this is my first pregnancy. As per my employer, a minimum of five years’ service is required to be eligible for maternity leave. My employer wants me to resign but I have refused to do so. Please advise.
KU, Doha
A: According to Article 98 of the Labour Law an employer may not terminate a female employee’s employment due to her availing of maternity leave. It further provides that the employer may not serve notice of termination of contract during the maternity leave period or give the employee a notice period that expires during this period. One year in continuous service is the minimum service required for entitlement of maternity benefits.
Seeking to end work contract
Q: My employer wants me to work in a place other than my company where I have worked in various roles. I have decided not to continue in the job and leave the company. I am not interested in working even a day after submitting my letter for termination of contract. Is this possible? Also could I end my job without giving any justification? My service period is four years and eight months. Before leaving I want to know the employer’s right to insist on working elsewhere. Please advise as per the law.
AS, Doha
A: The law prohibits the employer from requiring employees to carry out work other than that they were employed for, except where required for health and safety reasons or where the employee agrees to do so for a temporary period so long as the employee receives at least the same salary and the temporary work is not demeaning.
Regarding termination of the employment contract, any of the two parties may terminate an employment contract of indefinite duration by notifying the other in writing even without stating any reasons. The notification shall be given not less than one month prior to the date of the termination when the period of service is five years or less. If the contract is terminated without observing the notification period, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.
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LEGAL SYSTEM IN QATAR
Article 801 restricts any agreement entered into with respect to the non-applicability of any of the provisions set forth above or the alteration thereof unless that is in the interest of the insured or the beneficiary. Also no agreement may be concluded on extending the prescribed time limit for non hearing of the cases indicated in the preceding Article or reducing them even if this is in the interest of the insured or the beneficiary.
In fire insurance, the insurer shall be responsible for all damages arising from the fire or from the start of a fire that can become a complete fire or for a fire risk that can materialise. Its liability shall not be limited to the damages arising directly from the fire but also covers the damages that arise as an inevitable result thereof, particularly the damages caused to insured property by reason of using methods of rescue or of prevention of the extension of fire. It shall also be liable for loss or disappearance of insured items during the fire unless it proves that this has taken place as a result of a theft even if there is an agreement to the contrary.
According to Article 804, the insurer shall ensure providing compensation for the damages arising from the fire even if such fire arises from a defect in the insured property. The insurer shall be liable for damages arising from an inadvertent fault of the insured and shall also be liable for damages arising from a sudden accident or a force majeure.
As for losses and damages caused by the insured deliberately or fraudulently, the insured shall not be liable therefore even if there is an agreement to the contrary. The insurer shall be liable for damages caused by persons for whom the insured is liable irrespective of the nature or extent of their fault.
As for losses and damages caused by the insured deliberately or fraudulently, the insured shall not be liable therefore even if there is an agreement to the contrary. The insurer shall be liable for damages caused by persons for whom the insured is liable irrespective of the nature or extent of their fault.
In general, if the insured property is encumbered by a mortgage, hypothecation or any other pledge, such rights shall be transferred to the compensation payable to the debtor pursuant to the insurance contract. If such rights are registered or declared to the insurer even by virtue of a registered letter, it may not pay the amount owed to the insured except with the creditors’ consent.
