QUESTION: Does a “no-claim letter” extinguish my rights for gratuity and other entitlements? Whenever we go on vacation, the company makes us sign a no-claim and no-dues letter. Is this valid? Can the employer refuse to pay gratuity if terminated by the employer under the circumstances?

GY, Doha

 

ANSWER: According to Article 4 of Qatar’s Labour Laws, the entitlements prescribed by the Law represent the minimum entitlements of the workers and any stipulation contradicting the provisions of the law shall be void unless the stipulation is more advantageous to the workers. Any release, compromise or waiver of the entitlements prescribed for the worker by this law shall be deemed void.

The Labour Law provides that an employee will receive gratuity if his employment is terminated either by him or his employer having given notice with no reasons as provided under Article 49.

Gratuity entitlement will survive even dismissal by the employer under Article 59.

However, a worker will not receive his gratuity if his employment is terminated for reasons of Article 61.

Accordingly,  how an employee’s employment is terminated will determine whether or not he will receive gratuity in addition to his wages and any other benefits to which he is entitled when his employment is terminated.

 

Registration  for engineers

 

Q: We are an engineering consultancy holding discussions on taking over another consultancy firm that is no longer operational . There are engineers already registered on its rolls. Please advice on the validity of the registration.

FT, Doha

 

A: The validity of registration for an engineer under Law No. 2 of 2014 on Engineering profession shall be three years and two years for engineering consultancy offices. The registration must be renewed within 30 days of its expiry.

If registration is not renewed on time, a fine of QR1,000 for an engineer and QR10,000 for engineering consultancy offices shall be levied for every month of non-renewal and not exceeding three months, beyond which the names concerned shall be removed from the registry by a decision from the committee and the violator notified accordingly.

In such cases, re-registration may not be done unless a fee for new registration is paid in addition to the accumulated fine prior to being removed from the registry.

 

Priority in jobs for nationals

 

Q: According to a report, nationalisation is to be speeded up in all sectors of employment. Does a company in Qatar need to offer employment to nationals in the first place? What does Qatar’s Labour Law say about it?

TY, Doha

 

A: Article 18 of the Qatari Labour Law requires priority in employment to be given to Qatari nationals. Non-Qatari workers may be employed only when necessary. Every six months the employer should provide the Labour Department a report containing details of workers they employ.

Also, the employer is under obligation to notify the Labour Department of the vacancies and the conditions of employment within a period which shall not exceed a month from the date of the creation or availability of any vacancy.

The Labour Law empowers the Ministry Labour and Social Affairs to determine the proportion of foreign workers to Qatari workers in each case and to prohibit the employment of foreign workers in any sectors, as necessitated by the public interest.

The Labour Department shall nominate registered Qatari nationals to employers for positions and works that are suitable for them.

An employer that employs foreign experts or technicians is required to train an appropriate number of Qatari workers nominated by the Labour Department on the work carried out by experts and technicians, or employ assistant Qatari workers for the purpose of training and imparting expertise.

 

Renewal of lease contracts

 

Q: According to a term in a lease contract for a property signed by us, mutual agreement is required for its renewal.  The contract period ended on April 30, 2014. I did not ask for renewal and nor did the landlord  cancel my contract. I quit the place in May but since my furniture have been lying there I made rent for that month too and received its receipt also.  Since then I removed all my furniture and went to the landlord to return the key. But the landlord asks me to pay rent up to April next year.  Is this legal?

DR, Doha

 

A: As per the prevailing lease laws, the agreement of lease expired on April 30, 2014 got automatically renewed for similar period ie. up to April 30, 2015 even without parties signing a new contract. Though a lease ends upon the expiry of the agreed term, should a tenant remain in occupation with the knowledge and consent of his landlord, then the lease shall be deemed to have been renewed for a similar term on the same terms and conditions. Try amicable settlement with landlord.

 

Please send your questions by  e-mail to: [email protected]

 

 

LEGAL SYSTEM IN QATAR

Article 1080 stipulates that any agreement, even if entered into after the constitution of the mortgage, which authorises the creditor in case of non-payment of the debt on maturity to acquire the mortgaged property in payment of the debt or at any price whatsoever, or to sell the mortgaged property without observing the formalities prescribed by law, is void.

It may, however, be agreed, after the debt or one of the instalments of the debt has fallen due, that the debtor transfers to the property in payment of the debt.

According to Article 1081, subject to the provisions for bankruptcy, a mortgage shall be effective as against third parties only if it has been registered before third parties have acquired real rights on the property. The assignment of a right secured by registration, the right resulting from the legal or contractual subrogation into that right and the assignment of priority in rank of registration in favour of another creditor, are only enforceable as against third parties if they are registered in the margin of the original registration.

However, the effects of registration shall be restricted to the amount indicated in the application of registration or the amount secured by mortgage whichever is lesser.

According to 1083, each registration shall be renewed every ten years otherwise it shall be considered null and each renewal shall be valid for a period of ten years as well. The creditor shall have the right to make an earlier registration according to the laws and regulations in force. Renewal of registration is an obligation even during executive procedures on the mortgaged real estate.

But such obligation shall be suspended in case of annulment of right or of clearance of the real estate, especially in case the latter is sold by virtue of court of law and the date of addition of the title had expired.

Registration shall not be struck off except by a final judgement or by the consent of the creditor according to a written document. When the striking off is cancelled, the original rank shall return to the inscription, however, its cancellation shall have no retroactive effect on the inscriptions and registrations made during the period between the striking off and cancellation; in the absence of an agreement to the contrary, the mortgagor shall bear the costs of inscription and its striking off.

Article 1088 stipulates that mortgagees will be paid before unsecured creditors out of the proceeds of sale of the mortgaged property, or out of any monies obtained in substitution thereof, in the order of the rank of their inscriptions, even when their inscriptions are entered on the same day. A mortgage ranks from the date of its inscription, even if it secures a conditional, future or contingent debt. A mortgage inscription shall result in including costs of the deed and inscription in the distribution and in the mortgage rank itself.

A mortgagee may, within the limits of his secured debt, assign his rank in favour of another creditor having a mortgage inscribed on the same property. The defences available against the first creditor, with the exception of those connected with the extinction of his claim when that extinction occurs after the assignment of the rank, can be raised against the second creditor.

 

 

 

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