By Nizar Kochery
Doha
QUESTION: A civil engineer, I have been working as the contracts administrator with a local company. I have just been transferred to a new project where we have to work for a minimum of 10 hours a day, six days week, excluding a one-hour lunch break. The project is 30km away from the city; it takes one hour to reach the site. I will be away from home almost 13 hours a day. The company is forcing us to work for 10 hours. We work like machines without rest and cannot give time to our family. I have a nine- month-old baby with whom I rarely can spend time together. Is there any law where work hours are regulated to a minimum of eight hours a day?
GPN, Doha
ANSWER: According to Article 76 of the Labour Laws, provisions of Articles 73,74 and 75 (working hours, overtime and weekly rest days) of the law are not applicable on those working in senior positions, provided such positions bear the same authorities as that of the employer. List of such positions are not specified in the law.
On working hours, Article 73 stipulates that the maximum working hours shall be eight hours a day or 48 hours a week with the exception of the month of Ramadan when the maximum working hours shall be 36 hours per month at the rate of six hours per day. The time spent in transportation to and from the place of work and residence shall not form part of the working hours.
The law prohibits engaging worker continuously for more than five hours without a break. The working hours shall include an interval of 1 to 3 hours for prayer, food, etc. The intervals shall not be taken into consideration in calculating the working hours.
For additional working hours, worker will be entitled for overtime wage of the basic wage plus not less than 25% thereof. For work between 9pm and 6am shall be paid the basic wage plus not less than 50% thereof with the exception of the shift workers.
Compensation for loss incurred
Q: I have been engaged in procurement business from 2011. Some of my clients are not properly settling the dues even after repeated demands. I have all the documents to prove the payments that are due. Can the court claim for compensation for damages occurred due to such dues? Is any provision in the law prohibits such claims? In some cases there is arbitration in Qatar under LCA procedures following Qatar Laws. If we do the Arbitration in Qatar (not outside Qatar), does this require any formality for execution Qatar and where we appeal?
PJ, Doha
A: Nothing in Qatar’s laws prohibits in claiming compensation for loss incurred. Article 268 of the Qatar civil law stipulates that if the obligation is the payment of money and the obligor fails to make such payment after being notified and provided that, the obligee proves the incurred damages due to such non-payment, the court may order the obligor to pay indemnity, subject to the requirements of justice.
With regard to enforcement of Arbitration Award, as per Article 204 of the relevant Qatar Laws, either party may make an application to the relevant court for an order from the enforcement judge.
The award of the arbitrators shall not be executable unless by virtue of an order issued by the court. The judge shall issue appropriate orders for execution after perusing the award and the arbitration document.
The order will be appended to the award subject to the judge validating the award. Accordingly, the local courts are required to ratify any foreign or domestic arbitral award for the purpose of execution. Article 205 of the Civil Procedure Code stipulates that leave for appeal is subject to the same rules as an appeal against a court decision.
Any appeal must be lodged at the competent Court of Appeal within 15 days from the date that the original copy of the arbitration award is deposited with the Court having jurisdiction over the dispute.
Rental dispute settlement
Q: I stay in Doha with my family in an apartment and we all tenants have some disputes with my property owner. The property owner has stopped receiving the rent. He is asking us to vacate the premises immediately. I have a valid lease contract up to September 2016. What is the solution if the lessor is not accepting the rent? Shall we approach the court for rental disputes?
VC, Doha
A: As per Rental law, rent must be paid within seven days from its due date. In instances where the landlord refuses to accept the rent, the tenant can pay the rent to the Rental Committee and inform the landlord of such by registered post.
Non-payment of rentals within the time stipulated is a sufficient reason for the Landlord to get the lease contract terminated.
Rental dispute settlement committee exercises jurisdiction over rental disputes. The decisions of this committee may be appealed to the Court of Appeal within 15 days. While calculating the days the date of decision is included.
♦Please send your questions by e-mail to: [email protected] (Mobile:55813105)
LEGAL SYSTEM IN QATAR
The drawer of the bill of exchange or the person in whose favour the bill of exchange is drawn shall provide drawee funds for payment thereof. However, a drawer in favour of another person shall continue to be personally liable towards the endorsers and holders of the bill of exchange to the exclusion of others.
As per Article 482, the consideration is presumed if, at the date of maturity of bill of exchange, the drawee is a debtor to the drawer or person to whose account the bill is drawn for certain amount of money payable or equal at least to the amount of the bill of exchange.
Acceptance of the bill of exchange shall constitute presumption of the existence of consideration with the acceptor for payment. Such evidence is irrebuttable in the relationship between the drawee and the holder.
The onus of proof lies solely on the drawer to prove in the case of denial, whether or not the bill of exchange has been accepted, that the consideration has moved to the drawee at the time of maturity of the bill of exchange. If fails to establish, he shall be liable for payment, even after the legally specified time.
According to Article 484, the successive holders of the bill of exchange shall acquire the ownership by operation of the law. If the consideration is less than the value of the bill, the bill holder shall be entitled to all rights for a full consideration of the payment. This provision shall apply only if the consideration is a disputed debt, uncertain or debt not due on maturity of the bill.
The drawer shall deliver the holder of bill all documents necessary to obtain the payment, even after the legally specified time to protest. If the drawer is declared bankrupt, such obligation shall be assured by the trustee and all related expenses shall be borne by the holder of bill of exchange in all cases.
As per Article 486, if the drawer declared bankrupt, before the maturity date, the holder alone, without the other creditors of the drawer, shall recieve his rightful compensation of the payment, which was duly maintained by the drawee. If the drawee becomes bankrupt while consideration is debt due from him, such debt shall be made part of the assets of the bankruptcy. If the drawer is in possession of goods, commercial papers, securities, or other funds, which belongs to the drawee that may be recovered in accordance with the rules for bankruptcy, and if such assets were explicitly or implicitly maintained for payment of the bill of exchange, the holder shall have priority in receiving from its value.
If several of bills of exchange have been drawn against a consideration insufficient to satisfy all of them, the sequence of the dates on each bill has been drawn shall be observed in determining the rights of holders to payment of their debts out of available funds.
The priority shall be given to the holder of the bill of exchange of an earlier date. If the bills of exchange are drawn on the same date, the priority shall be given to the bill that holds the acceptance of the drawee. If none of the bill of exchange carries the acceptance of the drawee, the bill, which the consideration was provided, shall have priority. However, bills of exchange that contain a condition of non-acceptance shall rank in the last position.
