By Nizar Kochery/Doha

QUESTION: I have submitted my resignation after working with a construction company for the past seven years. But the company won’t give my four months’ salary, end-of-service gratuity and return ticket. For them resignation means I have foregone all these entitlements. Can I file a case? How much will the court charges be? Do I need a lawyer? Can I go to the court directly?
LP, Doha

ANSWER:
Article 10 of the Labour Law – No14 of 2004 exempts all lawsuits filed by the workers or their heirs claiming  entitlements from judicial fee.
The court language is Arabic; accordingly all documents have to be translated to Arabic by an official translator but interpreter will be available in the court. No lawyer/attorney is required to file a case in the court.
Article 57 stipulates that upon termination of the service of the worker, the employer shall at his cost return him to the place from where he has recruited him at the commencement of the engagement or to any place agreed upon between the parties.
The employer shall complete the proceedings of returning the expatriate worker within a period not exceeding two weeks from the expiry date of the contract.
The worker is entitled for due wages, benefits against annual leave and gratuity at the rate of three weeks a year.
Try amicable resolution through the Labour Department first  and if not settled, initiate a case in the appropriate court.

Violation of alcohol laws

Q: My husband, who holds a liquor licence,  was arrested last month for keeping and sharing alcoholic beverages with some of his colleagues. He was presented before the public prosecution and from there I came to know that charges are as per Articles 270 and 273. What will be the punishment?
PS, Doha
A:
As per Article 270, any person who drinks any alcoholic beverages in a public place or opens a store or a house to trade in alcoholics shall be punished with imprisonment for a term not exceeding six months and/or a fine not exceeding QR3,000. The same penalty shall apply to any person who is found drunk on a main road or, being intoxicated disturbs others.
According to Article 273, whoever sells or buys, delivers or receives, transports or possesses alcohol or alcoholic beverages, or deals with alcohol in any way for the purpose of trade or promotion shall be punished with imprisonment for a term not exceeding three years and/or a fine not exceeding QR10,000.

Judgment in absentia

Q: Last week, I had a case before the criminal court but I did not appear before the court for hearing. I had not appointed a lawyer also. I have now received a copy of the judgment. The time limit to file an appeal is expired. Without my presence, how could the court issue a judgment?
PQ, Doha
A:
Article 180 of the criminal procedure code stipulates that if the defendant who has been duly summoned fails to appear on the day specified in the summon document and did not authorise an attorney to represent him where such representation is permissible, the court renders the judgment in his absence, after considering the documentations.
In the event, if the summons was delivered to him personally and the court finds no excuse for his failure to appear, the judgment is considered in presence.
Instead of rendering its judgment in absentia, the court may adjourn the action to the following hearing and order the defendant to be notified again and to be warned that if he fails to appear in this hearing, the rendered judgment is considered in presence.

The right to recourse

Q: One of my clients, who owes me some money as a part of a transaction, sent me a postdated bearer cheque last month. When I presented the cheque on the maturity date at the bank, it was dishonoured. Is it possible for me to take legal action against the client? What documents do I require to go to court?
VB, Doha

A:
Article 595 of the Commercial Law stipulates that the holder of a cheque has the right to recourse against the drawee, endorser and other obligors if he presents the cheque within the prescribed period and the amount thereof has not been paid, and provided that he establishes non-payment by drawing up a protest.
As an alternative to drawing up a protest, non-payment may be established by 1) a statement made from the drawee indicating that date of presenting the cheque and 2) a statement issued by the clearing house stating that the cheque has been presented within the legally prescribed period but the value thereof has not been paid. Such statement shall be dated, written on the cheque and signed by the person making it.

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LEGAL SYSTEM IN QATAR

Any trader who has ceased to pay his commercial debts due to ?nancial difficulties and uncertain credit may be declared bankrupt.
As per Article 607, a state of bankruptcy shall not arise except by a judgment adjudicating bankruptcy. Cessation of payment or the use by the trader of illegal means prior to the issue of a judgment declaring bankruptcy shall not have any effect, unless the law states otherwise.
A trader shall be declared bankrupt on the basis of a petition by any of the creditors or by himself. The court may ex proprio motu declare a trader bankrupt.
According to Article 609, any creditor for an undisputed commercial debt which is due for payment may apply to declare his debtor trader bankrupt if he fails to pay the debt at maturity, even if the debt is guaranteed.
Any creditor for a deferred commercial debt payable shall be entitled to apply to declare his debtor trader bankrupt if such debtor has no known domicile in Qatar, or if he absconds or closes down his commercial premises or proceeds to liquidate it or taken actions detrimental to his creditors, provided that the creditor produces evidence that the debtor has ceased payment of his commercial debt which is due.
Any creditor whose civil debt is due shall have the right to apply to declare his debtor trader bankrupt if he establish that such debtor has ceased payment of his commercial debt that is due for payment.
The creditor shall apply to declare his debtor bankrupt by the normal procedures followed in the institution of a legal action. In the event of urgency, the application may be presented to the chairman of the court including evidence supporting cessation of payment and the grounds for urgency for the declaration of bankruptcy.
As per Article 611, an application by a trader to be declared bankrupt shall be by way of a report submitted to the court registry, indicating the grounds for failure to pay.
The report shall be accompanied by the following documents: the principal commercial books; copies of the last balance sheet and pro?t and loss account; statement of personal expenditure for the two years prior to submission of the application or for the period of his engagement in business, whichever is less; a detailed statement of the real estate and movable property owned by him and its approximate value on the date of cessation of payment; a list of the creditors and debtors, their domiciles and the amount due to or by them and the securities guaranteeing them; and the statement of the protests made against the trader during the two years prior to submission of the application.
The referred documents shall be dated and signed by the trader. If he is unable to submit some of them or to complete their particulars, the report must state the reasons therefore.
If the public prosecution or the court ex proprio motun applies to declare the trader bankrupt, the court shall serve notice on him of the day of the hearing by means of a registered letter with acknowledgment of receipt.