By Nizar Kochery /Doha
QUESTION: I have been working with a company from June 2007. I gave my resignation letter in April 2009 and the management informed me that I could leave Qatar by end of August 2009. But my company CR (Company Registration) was expired in August this year and it could not be renewed up to now because of various reasons. Therefore I still remain in Doha. When I ask the management about my going, they inform  me that I could leave only after the Company Registration is renewed as my visa has been expired. Please advise me whether there are any way for me to go without the CR renewal.
XV, Doha
ANSWER: As per Article 18 of the Sponsorship Laws, in case the foreign worker is unable to get an exit permit because of his sponsor’s refusal to give it to the sponsored or because of the sponsor’s death or absence without appointing a representative, exit permit shall be replaced with any exit guarantor or a clearance certificate from a competent court, certifying that they do not have a court ruling or a case against them after two weeks from the date of publication in any two newspapers.
Accordingly, workers facing problems in getting exit permits from their employer can get someone to stand guarantee for them. They can, then, be allowed to travel out of the country.
Also, such workers can approach the competent court for a clearance certificate stating that they do not have any pending court cases or court rulings against them. They would be permitted to travel abroad. The court procedures may take a minimum of 15 days. Such workers, however, need to publish notices of their travel in at least two local dailies.
Employment termination
Q: I have been working with a company in Qatar for the last six months. My job is unrelated to my field of specialisation. I am an engineer but my current work is related to HR department. I have been frustrated with this job and have informed my manager about my predicament. But there has been no change. I would like  to resign from the company so that I can move to another country. Can you help me by explaining the procedure of resignation? I originally came to Qatar on a visit visa and had changed to work visa.
SD, Doha
A: Article 48 and 51 are the relevant provisions. According to Article 48, any of the two parties may terminate an employment contract of indefinite duration by notifying the other in writing. No reasons for the termination to be provided. The notification shall be given not less than one month prior to the date of the termination when the period of service is five years or less.
If the contract is terminated without observing the notification period, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof.
The law further provides under Article 51 that the worker may terminate the service contract of definite duration before its expiry date if the employer commits a breach of his obligations under the service contract or the provisions of Labour law.
Discretion of the sponsor
Q: I brought my daughter to Doha in January 2009 under the family visit visa and after a few days, she was hired by a company. Presently she is working as a nurse in a private hospital and has already transferred her visa. My question is: She is hired locally. Can she request a release from her employer after she finishes her two- year contract from her sponsor as she is locally-hired.
I understand that the private hospital doesn’t give release to their employees. Is there any special exception to those employees who are locally hired?
AB, Doha
A: There is no classification in law like local hire and foreign hire. As per law current sponsor is legally obliged to repatriate the employee on termination of the employment contract. Hence approach the current employer and present the case: that is the only solution. Grant of sponsorship transfer is at the discretion of the employer.
(Please send your questions by e-mail to: leges@qatar.net.qa)
Legal system in Qatar
According to Article 1179, sums disbursed for seeds, manure and other fertilisers and insecticides, and sums disbursed for cultivation and harvesting are secured by a privilege over the crop for whose production they are spent: they will have the same rank. Such sums are payable out of the proceeds of sale of the crop, immediately after the claims with respect to the court proceedings, sums due to the Public Treasury, expenses for the preservation of and repair to the property and sums secured by a general privilege.
Building and agricultural rents for two years, or for the duration of the lease if less than two years, and all sums due to the lessor by virtue of the lease agreement, are secured by a privilege over attachable movables and crops existing on the leased property and belonging to the lessee.
Subject to the provisions relating to stolen or lost property, this privilege is enforceable even when the movables belong to the wife of the lessee or to a third party, as long as it is not established that the lessor had knowledge, at the time the movables were brought onto the leased property, of the existence of a third party’s rights.
The privilege is also enforceable over movables and crops belonging to a sub-lessee, if the lessor had expressly prohibited sub-letting. If sub-letting was not prohibited, the privilege will only be enforceable up to the amounts due by such sub-lessee to the principal lessee on the date a formal summons is served by the lessor for non-payment of these sums.
If movables and crops so charged are removed from the leased property, notwithstanding the objection of the lessor or without his knowledge, and the movables remaining on the property are not sufficient to secure the privileged claims, the privilege is enforceable on the movables and crops by third parties in good faith.
The privilege shall remain in force for three years from the date of the removal, even to the detriment of a third party’s rights, if the lessor effects within the prescribed time limit an attachment on the movables and crops removed.
If, however, the movables and crops are sold to a purchaser in good faith in the market by public auction or by a merchant dealing in similar articles, the lessor must reimburse the purchaser with the price.
These privileged claims are payable out of the proceeds of sale of movables and crops subject to such privilege, immediately after the claims above-mentioned with the exception of claims in respect of which the privilege does not operate against the lessor in as much as he is a third party holder in good faith.