By Nizar Kochery/Doha
QUESTION: I am working with a trading company which holds my passport. It is not returning the passport despite repeated requests. Is it legal to hold the passport of the employee?
RJ, Doha
ANSWER: The sponsor shall deliver the passport or travel document to the sponsored person once the procedures for issuing or renewing the residence permit are accomplished.
As per the sponsorship law, keeping the passport or such other document of any person by any other one without a court order is not legal. Passport is the personal property of the owner that proves the holder’s identity and as per norms the bearer must keep his or her passport and present it to the authorities concerned upon request.
Confiscation of employees’ passports by employers or their representative is not in conformity with law. Companies have no valid justification for retaining workers’ passports. The only authority allowed holding the passport is the judicial authorities concerned or in cases specified by the law.
Termination of contract
Q: My company had a sub-contract with a construction firm in Doha. The employer terminated the contract for convenience and would not pay compensation. How is the compensation calculated? Can Qatari courts interfere in this issue?
RD, Doha
A: Under Article 707 of the Civil Law, the employer is entitled to terminate the contract and stop the work at any time prior to its completion, provided that the employer shall be liable to compensate the contractor for all expenses that he has incurred for all work performed and any profit that he would have made on completion of work.
However, the court may reduce the compensation due for profit loss if the circumstances justify the reduction. In particular, the court shall deduct from such compensation any savings realised by the contractor as a result of the termination of the contract by the employer and any profit, which the contractor could have made by employing time to other work.
Accounting period
Q: Our company is in liquidation. There are differences of opinion among partners. Please explain “accounting period” as it is relevant to the liquidation procedures.
DT, Doha
A: As per tax regulations No 10 of 2011 issued in line with Law No 21 of 2009, in the case of liquidation of activity, the accounting period shall run from the date of the end of previous accounting period until the date of completion of liquidation. In the event the liquidation is based on an agreement between the partners, the accounting period may not exceed 18 months. If the liquidation exceeds this period, a new accounting period shall start at the end of the previous period.
Dispute over air ticket
Q: I have been working with a Doha-based construction company for more than eight years. Because of some personal problems, I have submitted my resignation which has been accepted. The company has paid all my arrears and dues except my air ticket to go home. The company says I have to buy my own ticket as I have resigned from the job. Is this legally correct?
YS, Doha
A: The employer shall, at its cost, return the employee to the place of recruitment or to any place agreed upon between the parties on termination of employment contract. It is stipulated in the Law that the employer shall complete the proceedings of returning the
non-Qatari worker within a period not exceeding two weeks from the expiry date of the contract too.
Only when the worker joins another employer before his departure from the country the obligation to return him to his country or other place shifts to the new employer (Article 57 of Labour Law). You may seek assistance of the Labour Department for resolving this issue.
♦ Please send your questions by e-mail to: [email protected]
LEGAL SYSTEM IN QATAR
The commercial title shall reflect the kind of business involved. In all cases, the title must conform to reality, and not be misleading or adversely affect the public interest. Mostly the commercial title will consist of the name and surname of the trader or any invented name or both of them together.
It must differ clearly from commercial titles previously registered in the commercial register in accordance with the provisions of the law. According to the Article 62, the trader shall carry out commercial transactions and sign his papers associated therewith with his commercial title. The trader must affix the title at the entrance to his commercial premises.
If the trader disposes of the commercial premises, the disposal will not include the commercial title unless this is stated explicitly or implicitly.
The transfer of ownership of commercial premises may not grant permission to use the commercial title unless it has been authorised to use the commercial title. According to Article 65, whoever acquires a commercial title belonging to commercial premises succeeds his predecessor in the obligations and rights arising from this commercial title unless it is registered in the commercial register, or the persons concerned are noti?ed to this effect in a registered letter with notice of receipt.
Liability of the predecessor will lapse with the passing of ?ve years from the date on which ownership is transferred.
The transfer of ownership of commercial premises without its commercial title shall not make liable for the obligations of predecessor, unless there is an agreement to the contrary recorded in the commercial register.
A company may retain its original title without amendment if a new partner joins it, or a partner whose name was included in the company’s title leaves it, as long as this partner or his heirs have agreed to the retention of the name in the title.
According to Article 68, if a commercial title / trade name is used by someone other than its owner without permission or used by the owner in a manner contrary to the law, persons concerned may apply for prohibiting such use and to remove from the commercial register and may claim damages if such claim is admissible.
Any violation shall be punished for a term of imprisonment not exceeding one year or a ?ne not exceeding one hundred thousand riyals or both.
A trader may not resort to any means of deceit or fraud for marketing nor publish any false representation that is detrimental to the interest of competitors; otherwise he shall be liable for any consequential indemnification.
A trader shall not propagate any matters regarding origin or description of his goods or relating to the importance of trade and shall not falsely advertise on possessing any rank or award or certificate with an intent to attract the customers of competitors.
Under Article 71, a trader shall not induce employees of competitor to co-operate with, in taking customers away from the competitor, or to leave the service of their employer to join with him or to reveal the secrets of the competitor. Such acts are deemed to be illegal and liable for damages.
If a trader issued former employee or worker with a certificate of good conduct contrary to the truth, which subsequently misleads a competitor and sustains damages, the affected trader have the right to claim appropriate compensation according to the situation and circumstances.
Any person engaged in occupation to provide commercial establishments with information on conditions of commerce provides information contrary to the truth, either intentionally or negligently, shall be liable for the damage.
