QUESTION: I work with a governmental institution in which laws for government employees are applied. I have not been able to return as scheduled after my current vacation. Two weeks are already past the return date. I understand that my services will be terminated after my return. I am delayed because I have met with an accident and an operation is scheduled.
AD, Doha
ANSWER: According to Article 163 of Law No 8 of 2009 - Human Resourses Management Law - if the employee is absent from work without permission for 15 consecutive days, even if this occurred after a legitimate leave, unless the employee submits within the next 15 days an acceptable justification, the employee shall be considered to have resigned.
If the absence is justifiable, the period of absence may be counted as approved leave if the leave balance allows it; otherwise the salary shall be deducted to cover the said days of absence.
However, if the employee fails to furnish any reasons to justify the absence or if such reasons were unacceptable, the service shall be considered as terminated as of the day the employee was absent from work.
Encumbered by a mortgage
Q: We have purchased some equipment under hire-purchase agreement and hence mortgaged to the financier. Due to some accident the machine got damaged by fire but we have insurance coverage. We are claiming compensation from insurance. Is there any chance the financier can interfere in this?
DR, Doha
A: As per laws, if the insured property is encumbered by a mortgage, hypothecation or any other pledge, generally 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.
If an attachment is placed upon the insured property or if it is seized, the insured shall not where a declaration is made thereto pay anything owed to the insured. The insurer shall, on account of a compensation paid in respect of a fire in the claims the insured has, legally replace the insured towards the person who has caused the damages giving rise to the insurer’s liability unless the person who has caused the said damages is the insured’s relative or in-law living with him in the same household or is a person for whose acts the insured is liable.
Need to file tax return
Q: We are a foreign company planning to operate through an agent in Qatar. The understanding is that the agent submits tenders on our behalf and we execute the job. The agent will be on prorate commission. Do we have any tax obligation in Qatar?
TH, Doha
A: The foreign company will be taxable on sales to the dependent agent and will have to file a tax return even if the foreign company has no physical presence in the country. A dependent agent is any person who signs or negotiates contracts on behalf of another party.
Transfer of ownership
Q: I work with a company to which I had got transferred my sponsorship locally. The owners of the company are changed now. By this change will I lose all my benefits? When I ask for annual leave and plane ticket home, the company calculates the dues from the date of the new management taking over. Is this correct? This means I can go on vacation only when the new management completes one year. The company also says plane tickets will be given only to those who have completed two years in service with new management.
AN, Doha
A: Under Article 52 (2), transfer of ownership shall not affect the terms and conditions of the employee. On transfer of the employer’s business, the employee’s employment will automatically be transferred to the transferee (new employer).
The employee terms and conditions will continue to remain and benefits will be calculated from entry in service. Accordingly the employee will be eligible for leave entitlements without any interruption.
Upon termination of employment contract the employer must repatriate the employee and there is no minimum period of service specified in the law for entitlement of repatriation ticket. The notice issued by the company stipulating minimum two years’ service for final departure benefits is not in compliance.
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LEGAL SYSTEM IN QATAR
Present possession, whose existence can be proved to have existed at an ascertained previous time, is presumed to have existed during the intervening time unless the contrary is proved.
The possessor of a right is presumed, until the contrary is proved, to be the rightful owner. When several persons claim possession of the same right, the person who has actual possession is presumed to be provisionally the possessor unless it is established that he acquired possession in a wrongful manner.
The possessor of a right who is unaware that he infringes the right of another is presumed to be of good faith, unless his ignorance was the result of a serious mistake. If the possessor is a juristic person, it is the good or bad faith of its representative that will be taken into account.
Unless the law provides to the contrary, good faith is always presumed in the absence of proof to the contrary.
The good faith of a possessor ceases only from such time as he becomes aware that his possession infringes the rights of another. Good faith ceases as soon as the defects of the possession have been notified to the possessor in the writ by which legal proceedings are commenced. A person who has usurped the possession of another by coercion is deemed to have acted in bad faith. Subject to proof to the contrary, possession continues to have the same character that it had at the time it was acquired.
According to Article 948, possession is transmitted with all its features to a universal successor in title. When the original possessor was of bad faith, his successor in title may, however, if he establishes his good faith, avail himself thereof.
Possession is transmitted by a possessor to another person by mutual agreement, without actual delivery of the thing which is the object of possession being made, provided the person to whom the possession has been transmitted is able to assume control of the right over the thing forming the object of possession.
Under Article 950, possession may be transmitted without actual delivery if the possessor continues the possession on behalf of his successor in title or if the successor in title continues the possession for his own account. Possession may be transmitted if the successor takes actual delivery of the thing in question.
In particular, the handing over of documents issued in respect of goods entrusted to a carrier or deposited in store, is equivalent to the handing over of goods themselves. If, however, the documents are handed over to one person and the goods to another, both being of good faith, the person who receives the goods has the preference.
A successor in title holding under a special title may add to his possession that of the original possessor for the legal effect of possession. Prescription is not, however, interrupted by loss of possession if the possessor recovers possession within two years or takes proceedings for the recovery of possession within that period.
