LEGAL HELPLINE
By Nizar Kochery/Doha
QUESTION: Last November, I came to Doha on a visit visa. I got a job at a company as secretary in January and was issued a visa. In my contract it is stated that I can avail leave only after one year. Recently, I received a message saying that my wife is seriously ill. When I shared my predicament with my friends, they suggested that I avail emergency leave. Is there any chance to get emergency leave as per the Labour Law?
TG, Doha
ANSWER: Emergency leave is not covered under the Labour Law. Therefore, the employee should apply for such a leave from the employer, mentioning his reasons, and asking the employer to deduct the same from his annual leave or to consider it as unpaid leave, as per the employer’s decision.
Compensation for injury
Q: I am working in a company mainly engaged in cleaning services of high-rise buildings. I suffered an injury in February while at work. I had multiple fracture in left wrist. I refused to undergo treatment in the Doha. I went back home. In April first week, I returned to Doha and started working in same company. Regarding my compensation, now the company is refusing to grant it stating the injury was deliberately inflicted by me. What are the situations in which a company is exempted from paying the compensation? Am l legally entitled to claim the compensation?
DE, Doha
A: If a worker sustains an injury by an accident arising out of or in the course of employment he shall be entitled for compensation for injury to be determined as set forth in the schedule annexed to the Labour Law. However, if it was evidenced that the employee deliberately inflicted injury on himself in order to receive such compensation or medical leave, then the employee shall not be entitled for compensation or medical leave and be liable for criminal charges. The compensation is not payable to the employee, if he inflicts the injury due to serious and willful misconduct, or if he was under intoxication of alcohol or drugs, or if he acted violating the instructions of the employer concerning the preservation of vocational health or safety. If the worker without genuine cause refuses to undergo the treatment prescribed by the competent authority he shall not be entitled for the compensation or such other benefits.
Cancellation of driving licence
Q: I am working here as driver in a company and I am new to Doha. One of my colleagues said that the driving licence would be cancelled for any traffic violations. Please advise.
PC, Doha
A: According to the Traffic Law, a driving licence may be suspended for three months when the total violations reach 14 points for the first time. Suspension for six months will attract the next 12 points, nine months on the accumulation of the next 10 points and one year for the next eight points. Licence may be cancelled when charged with six points for the fifth time. In such a case, a new driving licence shall be issued only after undergoing new driving test. However, the earlier points in one’s account would be removed if that person did not commit any traffic violation during one year from the time his licence is revoked.
Partnership form of companies
Q: We have two questions: 1. Can we (foreigners) have a partnership form of company in Qatar other than LLC? 2. We are into a construction contract. We forecast unexpected delays due to additional scope and material shortage in the country. What are our rights under Qatar Law for extension of time? Who will be liable for delay in completion of work? What are the situations in which a contractor can claim for extension of time?
DS, Doha
A: Partnership is the most basic form of commercial arrangement and all partners have unlimited liability. The Commercial Companies Law No. 5 of 2002 governs the establishment and operation of Simple Partnership and joint Partnership forms of companies. However, owing to the restrictions under the foreign investment law, a foreign individual or company cannot be a partner in a partnership; partners must be natural persons and hold Qatari nationality.
The Contractor is held liable for the delay in completion of the work as agreed. If the delay is caused by a matter for which an extension of time is available then the contractor is exempted. A contractor may be entitled to an extension of time if there is any variation or additional work instructed; or exceptionally adverse weather; or unforeseeable shortages in the availability of personnel/goods; or delay caused by the employer; or a cause of delay under any other clause in the contract; or unforeseeable delay caused by complying with public authority procedures. The contractor must strictly comply with the notice requirements under the contract, including giving all necessary information required in relation to the claim.
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LEGAL SYSTEM IN QATAR
The cash deposit is a contract whereby the bank is authorised to possess and dispose of the money deposited with an obligation to return its equivalent to the depositor. A contract for the cash deposit shall not grant the depositor the right to overdraw the amounts deposited in the bank. In the event of any transaction carried out by the bank performs transactions that lead to the depositor’s balance becoming overdrawn, the bank shall advise the depositor to regularise such position accordingly. As per Article 345, the bank shall open an account for the depositor for the recording of transactions concluded between the bank and the depositor, or transactions concluded between the bank and a third party for the account of the depositor. The bank shall send a statement of the account to the depositor once every month, unless otherwise agreed or custom rules. The statement shall contain a copy of the transactions on the account and the amount of the balance after the last transaction.
Unless otherwise agreed, deposits and withdrawals shall be carried out at the bank’s head of?ce or branch of the bank. In the event of several accounts of the depositor in a single bank or in its branches, each account shall be considered independent of the other accounts unless otherwise agreed. The deposit of securities is the contract under which securities are deposited with a bank or licensed ?nancial institution, for payment of a fee or without a fee, to keep them safe and exercise the rights arising from them for the account of the depositor. The bank may not utilise the securities deposited with it or exercise the rights arising from the securities other than for the benefit of the depositor, unless otherwise agreed.
According to Article 354, the bank shall exercise the care of a paid depository in keeping the securities deposited and any agreement exempting the bank from these obligations is null and void. The bank shall be held liable for the damage or theft of these securities, unless caused by the occurrence of a force majeure and the depositor shall pay the agreed charges or that which is determined by custom, in addition to necessary expenses.
Unless otherwise agreed, the bank undertakes to receive interest, dividends or value of the securities, on maturity or redemption, and all other amounts associated with the security. Such amount shall be placed at the disposal of the depositor and shall be credited to his account.
Article 356 stipulates that the bank must notify the depositor all matters related to the securities which requires consent or depends upon his choice. If the depositor’s instructions are not received in a reasonable time, the bank shall dispose of the right in a manner beneficial to the depositor and the depositor shall bear the expenses of the transactions carried out by the bank in addition to the commission. The bank undertakes to return the deposited securities immediately upon the request of the depositor, taking into consideration the time required for preparation for such return.
