Article 100 stipulates that the employer shall take all precautionary measures for protecting workers during their duty from any injury
By Nizar Kochery/Doha
QUESTION: Our company runs a trading division along with its contracting business. The company had instructed us to buy safety helmets, coveralls, safety shoes, etc against our name from the division. We were under the impression that these items were supplied free. But when the next month’s salary was given, we noticed deductions against the purchase. Who should provide safety equipment to workers under Qatar’s laws? What are the obligations of the employer? Is it the duty of workers to arrange safety measures? Can a company deduct the expense of safety gear from the salary? Is it possible to take any legal action without affecting the workers’ jobs?
GN, Doha
ANSWER: Qatar Labour Law provides strict provisions to protect the workers from employment hazards. Article 100 stipulates that the employer shall take all precautionary measures for protecting the workers during their duty from any injury or disease that may result from the work performed in his establishment or from any accident, defect or breakdown in the machinery and equipment therein or from fire. The employer shall not burden the worker with or deduct from his wage any sum in return for his providing precautionary safety means.
Moreover, the law makes obligatory that the employer or his representative shall on the commencement of every worker’s engagement inform him of the hazards of the work and the hazards which may occur thereafter and shall inform him of the safety measures to be taken for the protection therefrom and shall post up in a conspicuous place his detailed instructions concerning the means of observing vocational health and safety for protecting the workers from the hazards to which they are exposed during performance of their work.
Public
sessions
Q: I work in a senior position with a company in Doha. I have borrowed some money from some friends and because of some personal difficulties. I could not repay them on time. Despite my personal requests to give time for repayment, I have now received a message from court, stating that there is a case against me and to appear before court. On enquiry, I came to know that there is a hearing on the case. Can I have personal hearings in court without public presence?
RM, Doha
A: According to Article 59 of Law No13 of 1990, the court sessions shall be in public, unless the court perceives of its own initiative, or upon request of one of the adversaries, making it in camera with a view to maintaining the public order, or in deference to manners or the inviolability of the family. Pronouncement of the judgement shall in all circumstances be public.
Company refuses
to give release
Q: From 2009 to 2012, I worked with a company in Doha and later I got NOC from the employer. In 2013, I joined the current company. I have just received an offer from another company with a much better pay package. The management of the company I work with refuses to issue an NOC for joining the new establishment. As I had come to the current company with my old NOC, can I take any legal action against it? If I cancel and leave can I come back on these reasons?
DF, Doha
A: The NOC from previous employer does not earn any legal right to get NOC from the current employer. As per provisions of entry/exit laws, grant of NOC/release is at the discretion of the employer. Re-entry for work to one who earlier resided in the country to work is usually granted two years after the date of departure.
Eid leave
and Friday
Q: At our office we work six days a week, with Friday as the day off. On July 16 (a Thursday) night, we were informed of the Eid holidays and that our day-offs would be Friday, Saturday and Sunday and to resume work on Monday (July 20). How are the Eid holidays calculated?
JCK, Doha
A: As per Article 78 of the Labour law, the worker shall be entitled to annually three working days leave with full wage for Eid al-Fitr. If the circumstances of the work require the employment of the worker during any such leave days, the provisions of Article 75 on overtime shall be applied.
Article 75 stipulates that if the circumstances of the work necessitate the employment of the worker during the rest day the worker shall be compensated for the rest day by another day, and shall be paid for working that day the wage payable to him for the ordinary weekly rest day or his basic wage plus an increase of not less than 150%. As commonly practiced, overtime to be paid @150% unless otherwise the “alternate day off” communicated prior requiring work on the holiday.
♦ Please send your questions by e-mail to: [email protected] Mobile :55813105
LEGAL SYSTEM IN QATAR
According to Article 394, the bank shall be obliged to take due diligence with reasonable care to check documents in conformity with the instructions of the applicant for the opening of the credit.
The bank shall not be liable if the documents presented appear to conform to the instructions received from the person who ordered the opening of the credit. The bank shall not incur any liability with regard to the specification of the goods for which the credit has opened, such as their quantity, weight, external condition, packing or value nor in relation to execution by the consigners or the insurers of their obligations.
As per Article 396, the documentary credit shall not be assigned or divided unless authorized by the person who opened the credit to pay as a whole or in part to one or more persons, other than the ?rst bene?ciary pursuant to express instructions issued by the bene?ciary.
The credit shall not be transferred except under an express consent of the bank within the scope of the validity credit agreement. The transfer may be made once, unless otherwise agreed.
Discount is a contract whereby the bank undertakes to pay the bene?ciary the amount stated in the commercial paper against which the ownership of the paper is transferred to the bank for advancing the payment.
As per Article 403, the bene?ciary undertakes to repay to the bank the nominal value on the discounted commercial paper if the original debtor failed to pay on the due date. The bank shall have all the rights arising from the discounted commercial paper against the original debtor, the bene?ciary from the discount and other obligors.
According to Article 405, if the amount due in respect of the discount of the commercial paper has been credited to the current account of the beneficiary, the bank may cancel this entry by a reverse entry when the paper is returned to the beneficiary or when the original debtor fails to pay on the due date, notifying the beneficiary of the discount record.
A letter of guarantee is an undertaking issued by a bank at the request of its customer (applicant) for payment of a certain amount or an unascertainable amount to the bene?ciary on demand within the period speci?ed in the letter of guarantee. The letter of guarantee shall state the purpose for which it has been issued. The bank may request a security against the issue of the letter of guarantee.
As per Article 408, the bene?ciary shall not assign his rights under the letter of guarantee to a third party, except under the approval of the bank. The bank shall not refuse to pay the bene?ciary on grounds relating to the relationship between the bank and the applicant or the relationship between the applicant and the bene?ciary.
According to Article 411, the bank shall be discharged of liability towards the bene?ciary if the payment request is not received from the bene?ciary during the validity period of the letter of guarantee, unless agreed to renew the term prior to expiry. If the bank pays to the bene?ciary the amount agreed in the letter of guarantee, it shall subrogate the bene?ciary in recourse against the applicant to the extent of the amount paid.
