QUESTION: I have been working with a company for the last five years. As I am not happy with my job, I have just submitted my resignation from my job. But the company will not accept my resignation. What about my right to get benefits if the resignation is rejected by the company?
OJ, Doha

ANSWER: The employer is duty bound to repatriate the employee on termination of employment contract. Regarding termination of employment contract, any of the parties may terminate the contract by notifying the other as stipulated under Article 49 of the Labour Laws.
Statement of any reasons for termination is neither required nor relevant. Acceptance by the employer is also not required and the employee shall be entitled to all his rights, including salaries and labour entitlements or other benefits.

Security deposit

Q: Is the tenant required to pay a security deposit to renew the lease contract automatically? We don’t want to vacate our rented premises. We understand that under such situations the contract gets renewed automatically. Is this correct? Another query is that do we need to pay the security deposit again for renewal?
KJ, Doha

A: Under Article 626 of the civil laws relating to rental matters, even after the expiry of the lease, the lessee continues to enjoy the leased property to the knowledge of and without objection on the part of the lessor, the lease is deemed to be renewed upon the same conditions but for an indefinite duration. On such renewal, the real securities supplied by the lessee in guarantee of the old lease shall be transferred to the new lease.

Pay on time your loan instalments

Q: I have lost my job and now the company has granted time to search for a new job. I have taken a loan from bank. Is there any problem in exiting the country for a vacation? Do I need to submit my termination letter to the bank? Can the bank can stop my travel?
KM, Doha

A: There is no problem in exiting the country as long as the loan instalments are paid on time. However according to Article No 405 of the Civil and Commercial Procedures, the creditor may move the court to ban the debtor from travelling outside the country for reasons, such as the creditor fears that the debtor may escape from litigation or smuggle his assets. Debtor can appeal the said order and request lifting it on repayment or by providing sufficient guarantees.

False complaint
Q: My friend was arrested last week based on a false complaint filed by one of his  colleagues. The complaint is baseless. The offence charged against my friend is under Article 309 of penal laws. What is Article 309? If my friend files a case against the colleague, stating that the allegations in the complaint is totally wrong, what will be the maximum punishment on this ground?
HJ, Doha

A:
As per Article 309 of penal laws, any person purposely assaults any person in any way and where the assault is not as grave shall be punished with imprisonment for a term not exceeding one year and/or a fine not exceeding QR5,000. According to Article 190 of penal laws, whoever knowingly and falsely presents a written or oral report alleging a criminal offence requiring a judicial penalty, to a public officer empowered to act upon the information shall be punished with imprisonment for a term not exceeding three years and/or a fine not exceeding QR10,000.

- Please send your questions by e-mail to: [email protected] (Mobile 55813105)


LEGAL SYSTEM IN QATAR
According to Article 696, the receiver shall, after the completion of inventory, take delivery of the assets, books and papers of the bankrupt and shall sign at the end of the inventory list to acknowledge receipt. If the bankrupt fails to submit the balance sheet, the receiver shall prepare it immediately or shall assign such task to auditor pursuant to the authorisation of the court and shall deposit the balance sheet with the Court registry.
As per Article 699, upon the request from the receiver or the bankrupt and after obtaining the opinion of the supervisor, the adjudicator may authorise to resume the operation of the commercial establishment for a period not exceeding ninety days, if so required by the public interest or in the bene?t of the bankruptcy. The adjudicator shall appoint a manager of the commercial establishment and shall fix his remuneration. The bankrupt may be appointed as the manager, and the remuneration received shall be deemed as a part of maintenance. The receiver shall supervise the person appointed as manager, and shall report monthly to the adjudicator on the progress of the business.
The assets of the bankruptcy may not be sold during the course of preliminary proceedings. The adjudicator may, pursuant to an application by the receiver, authorise the sale of perishable items or items whose value diminishes rapidly or items which incur high cost for maintenance.
The assets of the bankruptcy may also be sold in order to secure funds for disbursement in connection therewith or where the sale will achieve de?nite bene?t to the bankruptcy or the bankrupt. In such case, the sale may not be allowed except after securing the opinion of the supervisor and hearing the statements of the bankruptcy or after he has been notified of the sale.
According to Article 701, the amount collected by the receiver on account of the bankruptcy shall, after deduction of the amount allocated to cover the expenses, be deposited in the Court Treasury or in the bank designated by the adjudicator. The receiver shall account to the adjudicator for such amount, within ?ve days from the date of the deposit. Neither such amounts nor amounts deposited by third parties in favour of the bankruptcy may not be withdrawn except by order of the adjudicator.
After securing the opinion of the supervisor, the adjudicator may order that the distribution should be made among the creditors whose debts have been veri?ed. The bankrupt and any interested party may appeal against the decision of the adjudicator on distributions among the creditors.
As per Article 703, the receiver shall submit to the adjudicator within thirty days from the date of his appointment, a report on the reasons for the bankruptcy and the apparent status of the bankruptcy and its circumstances. The adjudicator may fix another date for submission of this report and will refer the report with his observations to the public prosecution. The bankrupt will be noti?ed with a copy of the report. The receiver shall submit reports on the status of the bankruptcy at periodic intervals specified by the adjudicator.