Question: The owner of a project terminated the contract by just issuing a letter stating “the contract is terminated under Article 688”. What’s this provision and how can the owner terminate the contract without any notification? What remedial steps are available for the contractor?
TU, Doha
Answer: Under Article 688 of the Civil Laws, the owner / employer may demand termination of the contract without notice or time limit if the correction or remedy of the breach is impossible. As per the law, where, during the progress of the work, it appears that the contractor is performing the work in a defective manner or in breach of the contract the employer may notify the contractor to correct the method of performance within such a reasonable time as determined by the employer. If such a period expires without remedy of such breach, the employer may demand termination of the contract or obtain an authorisation from the court to perform the work at the cost of the contractor if the nature of the work so permits.
However, the court may reject the request for termination if the defect in the method of performance has not decreased to a large extent the value of the work or its utility for the intended purpose, without prejudice to the right to indemnity, as applicable.
Eligibility for transport allowance
Q: I want to know if an employee is eligible for transport allowance when he goes on his annual leave. I have been working for a company for over two years and during my annual leave calculations they do not pay me my transport allowance. Is it stated anywhere in the labour law that an employee is not entitled to transport allowance?
ED, Doha
A: The Qatar Labour Law does not contain provisions in respect of allowances and it is therefore a matter based on the terms of employment. “Allowances” are not intended to equate with ordinary remuneration, they are to be used for their specified purposes. Accommodation allowance will be for meeting accommodation rental; transport allowance for the purchase / hiring of a suitable vehicle, transport assistance to attend work, etc. Therefore if the payment of allowance is against transport assistance to attend work or vehicle rental for the period worked, the annual leave payment is limited to basic salary only.
Overtime must for extra hours of work
Q: I’ve been working for a company for more than two years. As per my contract I should work for eight hours a day. Now my company has issued new rules saying that I must work for ten hours a day without any additional payments. Otherwise, the company says I should submit my resignation. Do I have the right to refuse as per the labour law? Can the company terminate me on this?
HT, Doha
A: The Labour Law stipulates that the maximum normal hours of work shall be eight a day or 48 a week. The hours of work may be increased to ten a day to meet exigencies at work subject to payment of overtime. Therefore, the employer has violated the law if he refuses to pay the value of overtime hours. The worker should file a complaint before the Department of Labour and if the employer terminates the employment contract because of this as the employer will be in breach of the employment contract.
Errors in civil judgement
Q: Please advice on some mistakes in a civil judgment. A colleague of mine who is currently outside the country says he has noticed an error in the calculation of total amount decreed in a judgment. I tried to get an explanation from court people but was not successful. What’s the law in this regard? AX, Doha
A: Article 138 of the Procedural Law - No13 of 1990 provides that the correctness of the judgment shall not be affected by literal or arithmetical material errors. The court shall undertake the correction of such an error through a spontaneous decision. This could be possible pursuant to the request of one litigant and without any pleading. The clerk shall note down this correction on the original copy of the judgment and signing along with the chief of the session thereto. A decision issued rejecting the correction is unchallengeable except challenging the verdict itself. However the issued decision of correction may be separately challenged when the court transgressed its stipulated right by way of permissible challenge of the verdict.
The litigants may also demand from the court issuing the judgment an explanation of the ambiguity and equivocation of the judgment. This demand shall be submitted within the conventional methods for bringing the action. The clerk of the session shall note down the judgment issued by way of explanation on the margin of the original judgment. The explanatory judgment shall be considered complementary in all aspects to the judgment that it explains. It can be challenged the same way as such judgment.
If the court was inattentive to decide upon certain relevant claims, the interested party may notify his litigant by a declaration of appearance before the same court in order to examine and judge on such claims.
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LEGAL SYSTEM IN QATAR
A Pledgee in good faith may, in particular, avail himself of his right of pledge even if the Pledgor was not qualified to dispose of the thing pledged. On the other hand, a third party holder in good faith, even after the date of the pledge, may avail himself of the right he has acquired over the thing pledged. According to Article 1153, if the thing pledged appears to be in danger of perishing, destruction or diminishing in value, to such an extent that there is a danger that it will not suffice to secure the claim of the Pledgee, and the Pledgor does not apply for the restitution of the thing in exchange for another thing, either the Pledgee or the Pledgor may apply to the judge for authority to sell the thing pledged by public auction or at its value on the market. The judge shall, when authorising the sale, make an order as to the deposit of the price, in such a case the right of the creditor is transferred from the thing pledged to the price thereof.
The Pledgee may, upon failure of payment of the debt, apply to the judge for authority to sell the thing pledged by public auction or at its value on the market. The Pledgee may also apply to the judge for an order authorising him to appropriate the thing pledged in payment of the debt, the value thereof being charged against him in accordance with an estimate by experts.
According to Article 1157, a pledge of a debt is only valid as regards the debtor upon notification to or acceptance by the debtor of the pledge pursuant to the rules of assignment. The pledge is only valid as against third parties if the Pledgee or the person agreed upon by the parties, holds the title of the pledged debt. The debtor shall be notified of the pledge by a letter by registered mail with acknowledgement slip or the date establishing acceptance of the pledge. The rank of the pledge is fixed as at the established date of the notification or of the acceptance of the pledge. Bonds payable to order may be pledged in accordance with the procedures prescribed by law.
In general in the absence of an agreement to the contrary, the Pledgee has the right to collect periodical payments appertaining the pledged debt upon condition that he sets off the amounts so collected by him first against expenses, then against the capital of the debt secured by the pledge. A Pledgee shall be bound to look to the protection of the pledged debt. If he has the right to collect any part of the debt without the intervention of the Pledgor, he is bound to collect such part of the debt at the time and place fixed for payment and immediately inform the Pledgor thereof. A debt that cannot be assigned or attached, cannot be pledged.
