QUESTION: Can we make contracts with our employees, giving them leave only once in two years? We can obtain no-objection from the employees on granting leave once in two years. Can an employer postpone an employee’s leave at his discretion? Irrespective of number of years in service of employees, can we reduce the leave to one month for everyone?
IO, Doha
ANSWER: Workers are entitled for annual leave and may not waive their entitlement to the annual leave. Any agreement to the contrary shall be void.
According to Article 79, a worker who has completed one continuous year in the service of the employer shall be entitled to an annual leave with pay. The employer has no arbitrary right to postpone the annual leave of the worker beyond the current year. Articles 79, 80, 81 are relevant.
The employer shall fix the date of the annual leave for the worker in accordance with the work requirements and may divide the leave with the consent of the worker provided that the division shall not be into more than two periods.
Written request from the worker is mandatory to postpone the accrued leave to the next year. The employer may, on a written application of the worker, postpone not more than half of the annual leave to the year following the year of its entitlement.
Annual leave shall not be less than three weeks for the worker whose service is less than five years and four weeks for the worker whose service is more than five years.
Regulation on narcotic drugs
Q: I work with a pharmacy. I have read that there are rules for carrying medicines to Qatar. Will I be liable for dispensing a medicine having narcotic substances, based either on a prescription or without it. What will be the action in such situation?
SE, Doha
A: According to Article 36 of Control and Regulation of Narcotic Drugs and Dangerous Psychotropic Substances (NDDPS) law, any physician who writes and dispenses a medical prescription that facilitates the use by others of narcotic drugs and dangerous psychotropic substances (NDDPS) without medical justification; or anyone who, knowing that a medical prescription is not justified, supplies or helps to supply a narcotic drugs and dangerous psychotropic substances (NDDPS) prescribed therein for any person, shall be liable to imprisonment for a term up to ten years and not less than five years with a fine up to QR200,000 and not less than QR100,000.
Sale of shares in limited liability firm
Q: I own 23% shares of a limited liability (LLC) company in Doha. I wish to sell my shares to a friend. Is it mandatory to sell the shares to existing partners?
GH, Doha
A: Regarding sale of shares, unless the article of incorporation of the company stipulates otherwise, the selling partner shall notify the other partners of the assignment terms in accordance with Article 238 of commercial Companies law.
Each partner is entitled to acquire the share for its real price and on the same condition. In the event of disagreement, the company’s auditor shall fix the price as per books of accounts.
The partner shall be free to dispose of his shares, if no partner requests recovery of the share after thirty days from the date of notification. There are no other restrictions on transfer mandated by law. Moreover approvals must be obtained from the Commercial Companies Department, the Department of Labour confirming no outstanding employment claims, and the tax authority, confirming there is no outstanding tax obligations for transfer shares.
Breach of trust
Q: I work as an accountant with a company. I sold some company assets recently but didn’t enter the payment received into the company account. The amount was actually spent for company purposes. The manager, now accusing me of cheating the company, has filed a case against me with the police for breach of trust. What is the law on breach of trust?
JK, Doha
A: In general, whoever being in any manner entrusted with property or with any dominion over property, dishonestly misappropriates or converts to his own use that property or dishonestly uses or disposes of that property in violation of the legal contract, express or implied commits criminal breach of trust.
Under Article 362 of the Qatar Penal Laws, any person in such cases shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding QR10,000.
Dishonoured cheques
Q: Two cheques received by me as part of a business deal were dishonoured on their submission at the bank. I filed cases with the Capital Police and the court issued a judgement. The judgement recommended imprisonment to the culprit but there was no reference to paying the money back to me. Please advice on the action to be initiated for recovery.
VD, Doha
A: The case you have registered through police was for cheating against dishonour of cheque. Since there was no claim for money raised by you in the criminal court, the verdict might have issued just for the offence of cheating. You may file civil case before the civil court, claiming the cheque value, especially after it was clear that the cheque-owner had not paid the cheque value before the criminal court. Upon the issuance of judgement, initiate execution proceedings to enforce the judgement.
- Please send your questions by e-mail to: [email protected] (Mobile:55813105)
LEGAL SYSTEM IN QATAR
As per Article 801, the court considering the application for composition may order that the necessary measures be made to safeguard the property of debtor until determination of the application. The court may appoint an expert under the supervision of the public prosecution to conduct the investigations into the debtor’s ?nancial affairs and submit a report with the reasons for disorganisation thereof. The court shall urgently decide on the application for composition by a ?nal judgement.
The court shall reject the application for composition in the following cases: (1) If the applicant for conciliation fails submit certi?ed copies of the company’s memorandum and articles of association duly attested by the Commercial Register, the identification documents for the capacity of the applicant, a copy of the resolution of the partners or the general assembly to apply for the composition, and a list of the names of the jointly liable partners with their addresses and nationalities or submit the same incomplete without legitimate justification or where such documents and information are invalid; (2) If the merchant has been previously convicted of fraudulent bankruptcy, forgery, theft, fraud, breach of trust or embezzlement of public funds, issuing a cheque without sufficient funds, unless he has been rehabilitated; and (3) If he has abandoned trade or closed his business or ?ed. The court, ex proprio motu, may declare the merchant bankrupt, if the conditions necessary are met.
According to Article 803, where the court decides to reject the application for the preventive composition, court may impose a ?ne on the merchant not less than one thousand riyals and not more than ?ve thousand riyals, if it is established to the court that the merchant has deliberately given the impression of disorganisation of his financial affairs or has caused such disorganisation.
Where the court deems fit to accept the application, the court shall order commencement of the proceeding for the composition. The order shall state the following: (1) Appointment of one of its members as judge to supervise the proceedings of the preventive composition; (2) Appointment of one or more administrators to conduct the procedures.
The administrator may not be a spouse of the debtor or relative or marriage to the fourth degree, or one of his partners or employees, or accountant, or representative thereof during the previous three years prior to the application for composition; and (3) Appointment of a date for the meeting of creditors to verify debts and discuss the composition proposals.
Such meeting shall convene within the thirty days subsequent to the order initiating the procedures for the composition.
An appeal against the decisions issued by the judge for the composition may only be made if the law permits this, or the decision are beyond jurisdiction.
