By Nizar Kochery
Doha

QUESTION: When an employee, who has not availed of 10 days of his annual holiday and has also five days of compensatory-off, is leaving the company, will he receive the full salary or just basic salary for those 15 days in his final settlement?
AST, Doha

ANSWER: According to Article 81, the worker shall be entitled to payment in lieu of his annual leave equivalent to his wage for the leave days to which he is entitled if the contract is terminated for any reason before the worker avails of his leave. Basic wage is significant in the calculation of leave wages and allowances shall not form part of the basis for this calculation. Allowances of whatever nature are not included in the basic wage.
The Labour Law does not provide any guidance for calculation or payment of accommodation allowances; it obligates only that employer should provide suitable accommodation.
Accordingly, accommodation allowance substitutes the employer’s obligation of providing accommodation to the worker. During regular annual vacation, a worker will incur accommodation expenses and therefore he has right to receive accommodation allowances. However, while leaving employment, in reality a worker need not pay for accommodation and hence no allowance payable for the unutilised leave days.

Issue of
exit permits
Q: What is the legal remedy available if a sponsor refuses to issue exit permit? I am the manager of a Qatari company and staying in Doha with my family. My sponsor used to issue a multiple exit permit for me but this year he is not willing to do it. This may be due to some differences I had with the sponsor. Now I have to travel. But he sponsor doesn’t respond to my request for an exit permit. How can I obtain an exit permit?
DG, Doha

A: Grant of multiple-exit is  at the discretion of the employer. Sponsorship laws provide guideline for workers whose sponsors refuse to issue them an exit permit. They may seek a clearance certificate from the competent court certifying that they do not have a court ruling or a case against them.
When there is no pending court case or judgement, a worker will  be allowed to leave the country without an exit permit. It  requires a worker to publish notices of travel in at least two local dailies. The family of expatriate workers holding a valid residence permit does not require an exit permit from sponsor to travel out of the country.

Obligation of
the contractor
Q: What are the effects of a pay if paid in a contract in Qatar? Is this valid under Qatar Laws? We are signing a contract and finally we notice such a clause in the contract.
AS, Doha

A: Pay if paid clause creates a condition precedent to the main contractor’s obligation to pay. The obligation of the contractor does not arise until the contractor has been paid by the client.
Under Article 701 of the Civil Laws, a contractor may entrust the execution of the whole or part of the work to a subcontractor, unless he is precluded from so doing by a clause in the contract or unless the nature of the work presupposes reliance on his personal skill.
Accordingly, nothing prevents the contractor from hiring subcontractors unless the main contract prohibits from doing so, or where the nature of the works is such that the contractor must personally perform it.
Courts generally look to uphold the fundamental principle of freedom of contract. Parties to a contract are free to agree on the contractual terms that govern their contract.
Article 154 states that a contract may include any condition agreed upon by both contracting parties, provided that such condition shall not be forbidden by law or contrary to public order or morality. Therefore, in brief back-to-back payment clauses are valid and enforceable under Qatar Law.

Law on
probation
Q: I work as an engineer with a private company in Doha. At the time of joining, the first three months were considered as probation period but it was agreed to include as a part of employment. The company has now made a new policy to exclude the probation period or the first six months of employment, whichever is greater, from calculating the gratuity. Is it legal to exclude the probation period for the purposes of calculating terminal benefits? What is the law on probationary period? In every renewal after one/two year service, the company insists on probation.
PH, Doha

A: According to Qatar’s Labour Laws, once completed, the probation period is considered as part of the overall employment term and is taken into account when calculating gratuity.
During the probation period, the employer may terminate the employment contract by three days’ notice. It is not permissible for an employer to employ any person on probation for more than one period during his employment. Accordingly, the probation on every renewal is not in compliance.
All benefits accrued during the probation period must be paid along with repatriation costs.

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LEGAL SYSTEM IN QATAR

The holder or any possessor of a bill of exchange may present it to the drawee in its domicile for acceptance until the date of maturity.
As per Article 491, the drawer of a bill of exchange may stipulate that it shall be presented for acceptance at a speci?ed date or without specifying the date. The bill shall not be presented for acceptance unless it is made payable by other than the drawee or in a different location other than the domicile or if bill is payable at a speci?ed period after sight.
The drawer may stipulate that it shall not be presented for acceptance before a speci?ed time. Any endorser may stipulate that the bill of exchange for acceptance at a speci?ed time or without specifying the time, unless the drawer has stipulated that the bill shall not be presented.
A bill of exchange which is payable on a fixed date after sight must be presented for acceptance within one year from its date. Such period may be extended or reduced by the drawer and any endorser may reduce this time. According to Article 493, the drawee may request the bill of exchange for acceptance on the day following its ?rst presentation.
Unless the request is mentioned in the protest, such request of the interested persons shall not be accepted. The holder shall not be bound to surrender to the drawee a bill presented for acceptance.
The acceptance shall be written on the bill of exchange with the expression “accepted” or any expression signifying the same meaning and shall be signed by the drawee and mere signature by the drawee on the face of the bill of exchange shall be deemed to be acceptance.
If the bill of exchange is due for payment after a period following sight or must be presented for acceptance pursuant to a special condition within a speci?ed period, the date of acceptance shall be stated on the same day of effecting it unless the holder requires that the date of acceptance should be shown on the day of presentment.
If the date of acceptance is not stated, the holder may reserve his rights of recourse against endorsers and the drawer must authenticate the omission by a protest drawn up within the proper time.
As per Article 495, the acceptance must be unconditional but it may be limited by the drawee to part of the amount of the bill of exchange.
Any modification to the particulars on the bill of exchange contained in the statement of acceptance shall be deemed as refusal of acceptance.
The acceptor shall continue to be bound by the terms of the acceptance. When the drawee deletes the acceptance stated on the bill of exchange before returning it, such deletion shall be considered as refusal of acceptance.
Unless otherwise proved, the deletion shall be deemed to have taken place before returning the bill of exchange.
As per Article 497, where the place for payment other than the domicile of the drawee is stated without specifying the person with whom such payment shall be effected, such person may be designated by the drawee upon acceptance.
The acceptor shall be deemed liable to pay at the place of payment, when the drawee fails to designate. If the bill of exchange is due for payment at the domicile of the drawee, he may specify in the statement of acceptance, an address in the place of payment.