By Nizar Kochery /Doha
QUESTION: A person owing money to me plans to leave the country soon. He suggests that he is holding a promissory note and a cheque from another man and he can give these against dues to me. Will this be legally valid? Please advice.
GY, Doha
ANSWER: A cheque is an unconditional payment arrangement between drawee, drawer and the beneficiary. A promissory note is a bilateral arrangement between a promisor and beneficiary. Cheques and promissory notes can be endorsed and assigned by the beneficiary in favour of a third party. A valid endorsement transfers title of the rights of a beneficiary to a third party.
The procedure for endorsements of such instruments requires the endorser to either execute the endorsement by stating that the payment shall be made to the order of the new beneficiary or by a document setting out the terms of the endorsement signed by the endorser. Endorsements must be unconditional and any condition attached to the endorsed instrument shall be deemed null and void.
Contractor must use standard materials
Q: I am a subcontractor to a job. No specifications of materials to be used are indicated in the contract. Whenever I use something, the main contractor raises objections. Is there any specification available?
IK, Doha
A: A contractor must use standard materials set by current practice even when the agreement is silent on specifications. Article 685 of the relevant law stipulates duty of care obligation on the part of the contractor. The materials must be sufficient enough to meet the intended purpose. The contractor must exercise such care in the protection thereof as an ordinary person would and have regard to the employer and return whatever is left over if work materials are provided by the employer.
Gratuity calculation
Q: Please inform me how to calculate my entitlements such as leave salary, air ticket and gratuity. My employer promises me to give compensation as per the labour law but my gratuity is calculated at the rate of only seven days per year. Due to company problems, I handed in my resignation on January 17 with sufficient notice period. I have completed two working years in the company and my salary is QR2,000.
JU, Doha
A: A worker who has completed a period of one or more year of continuous service shall be entitled to gratuity pay on the termination of his employment. The gratuity is calculated on the basis of three weeks’ salary for each year of service. Thus the gratuity will be almost QR2,800 other than the leave salary and return ticket. Gratuity is calculated from the basic salary on the date of termination. In addition, the worker is also entitled to prorate leave salary at the rate of three weeks’ salary per year, calculated as per the last salary at the time of resignation.
Labour entitlement
Q: I have been working in Doha since 2004. My employer closed down the company where I was working after one year and then started a new establishment in Wakrah. I have now completed a total of two years under the same employer but working for a different company and visa. My employer is not ready to pay my leave salary now, saying that this is a different visa and is not applicable. He will not increase my salary despite earlier promises, and also does not accept my resignation, saying he will ban me for one year.
TT, Doha
A: Legally each company is considered a separate employer. Whereas the employee has been previously transferred from one company to another, then he should have claimed all his labour entitlement from the first company, and such cases are relative; which might vary from one case to another. Therefore, file a complaint with the Labour Department first, in order to claim his entitlements, providing all related details and explanations, and then to proceed further with the court concerned.
File a complaint with Ministry
Q: I have been working with a trading company for 30 days now and my appointment letter shows my salary as QR8,500 and QR2,000 as allowances. But the salary they gave me was only QR6,500. I have asked the company’s management about it but their response has not been satisfactory. So far I have not signed any formal contract with the company but they are pressing me to sign it.
LO, Doha
A: Since there is no labour contract, insist on the inclusion of your original conditions of work in your contract as there are no formal requirements for salary structure clauses in labour contracts. You can file a complaint with the Ministry of Labour to force your employer to abide and pay what he offered by the offer letter.
Unpaid wages
Q: My employer still has to pay me my two months’ wages. I’m back home now and have cancelled my visa. He never replies to my calls. Is it possible to take action against him?
RT, Doha
A: As per Article 10 of Labour Law you have one year period commencing from the date of termination of your contract to file a labour case against your employer. Subject to the provisions of Article 113, the right to file a lawsuit for a claim of the entitlements accruing under the provisions of Labour law or the service contract shall lapse by the expiry of one year from the date of expiry of the contract.
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LEGAL SYSTEM IN QATAR
Periodical medical examinations must be conducted for workers exposed to work-related injury or disease as frequently as required by the nature of the work and according to the instruction of the concerned medical authorities which define the type and periodicity of the tests.
The employer shall keep the test results in special files. If the test proves that a worker has been affected by a work-related injury or disease, the employer shall notify the Labour Department within three days of the date of his coming to know the test results.
The employer who appoints 50 or more workers shall provide to them social services to be defined by a Ministerial decision, taking into consideration the nature of the workplace area, its circumstances and the number of workers employed.
Labour Laws provide Qatari workers to form associations. Once established, each of the workers’ associations shall have a body corporate in accordance with the provisions of this law.
The workers’ associations shall defend the interests and rights of their members and represent them in all work-related issues.
Workers in an establishment having not fewer than 100 Qatari workers have the right to form “one” committee to be called the “Workers Committee”.
The Workers Committee in establishments in the same profession or industry, or similar or connected profession or industry has the right to establish a “General Committee” for the workers of that profession or industry.
The General Committees for different professions and industries shall together constitute “Qatar General Union of Workers.”
Membership of both committees referred to and in the Qatar General Union of Workers shall be strictly for Qataris and the minister shall define conditions and procedures for the establishment of the workers’ associations, its membership, system of functioning and similar or connected professions or industries.
The Minister may dissolve the workers association if found straying from its intended activities and purposes.
Right to strike and its procedure is provided in Article 120. The employer is forbidden from forcing or preventing the worker to join or keep from joining any of association or to refuse to implement any of its decisions. Qatar General Union of Workers may join any of the Arab or international organisations working in the field after having approval of the Ministry.