QUESTION: We have leased a property for some business activity and a few months’ rent is due to be paid. When we tried to shift our property from the premises recently, the landlord refused permission and possessed them. Has the landlord any right to do so? Is there any provision in law to support such acts? As part of settlement, we have offered postdated cheques.
OSN, Doha

ANSWER: The lessor shall have the right to object to the removal of such movables.
Article 609 of the civil law provides that the lessor may, as security for his rights under the lease contract, retain all such attachable movables in the leased property as he holds a lien thereon, including such movables not owned by the tenant.
Accordingly, the lessor has the right to object to their removal and, if they are removed notwithstanding his objections or without his knowledge, to claim their recovery from their possessor even in good faith, without prejudice to the rights of such possessor.
However the lessor may not exercise the right to retention or recovery if the removal of such things is required to meet the professional requirements of the lessee, or if the movables left in the leased property or recovered are sufficient to secure the full payment of the rent.

Company in liquidation
Q: A  company owes money to our establishment. We have come to know that the company is in liquidation. But they have not filed any case in court for liquidation. How can a company initiate liquidation other than through court? What are the situations in which the company can be dissolved?
AV, Doha

A: Under Article 306, a company is liquidated according to the method of liquidation provided in its articles of incorporation or as agreed by shareholders upon liquidating the company.
Accordingly a WLL company may be dissolved in accordance with its articles of association by way of a unanimous general assembly resolution approving the dissolution of the company and appointing a liquidator to execute the liquidation process, unless otherwise articles of association mandates specific majority.
According to the Companies Law, a company shall be dissolved in any of the following cases: Expiry of the period fixed in the article of association unless renewed in accordance with the provisions included in the articles of association; Fulfilment of the objectives for which the company was established; Depreciation of all or most of the company funds to an extent whereby the investment of the remaining is deemed not feasible; Amalgamation; Unanimous approval of the partners to terminate its duration unless Article of association stipulate dissolution thereof by a specific majority; or issuance of a judgement dissolving the company and declaring it bankrupt.

Employer’s responsibility

Q: Authorities closed our worksite recently for not following precautionary measures to protect employees.
During the closure, we didn’t have any work to do. After certain procedures, work resumed at the site last week. But the employer will not pay us the salary for the period of closure. We are not responsible for the closure of the site. Is it admissible to deduct the salary for that period? In addition to that, the employer is asking us to work more than 10 hours a day to complete the work. Is this legal?
SY, Doha

A:
According to Article 100 of the Labour law, the employer shall take all precautionary measures for the safety and health protection of the workers.
The employer may not deduct from his wage any sum in return for providing such protective measures.
Failure of the Employer to take the precautionary measures referred to or in case of imminent dangers threatening the health or safety of the workers, the Ministry may issue directives for the partial or total closure of the place of work or stoppage of the machines.
The employer shall be obligated to pay the wages of the workers in full during the period of closure or suspension.
Regarding work hours, the maximum regular working hours shall be eight per day.
The worker shall not be asked to work for more than two hours a day after the normal hours unless the work is necessary for the prevention of gross loss or dangerous accident or for the repair or alleviation of the consequences of the said loss or accident.
The employer shall pay to the worker for the additional working hours at the rate of 125%.

Punishment for false testimony
Q: One of my colleagues received some amount for providing a statement in favour of an accused. The complainant has received the video footage of the transaction. On verification it would be clear that the statement of the colleague was wrong.
What will be the punishment for such wrongful acts?
JH, Doha

A:
According to Article 174 of penal laws, any person who asks for, takes or accepts a donation or a promise in return of a false testimony shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding QR10,000.
The same penalty shall be applied to any person who gives, promises or acts as an intermediary to arrange a false testimony.

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


LEGAL SYSTEM IN QATAR
Qatar Commercial Companies Law - No 11 of 2015: In legal sense, a company is an association of both natural and artificial persons under the existing law of country for carrying on a commercial or industrial enterprise.
The Commercial Companies law deals with formation, structure, registration or incorporation, management, administration and conduct of affairs of companies.
HH the Emir issued the new Commercial Companies Law - No 11 of 2015 on June 16, 2015.
The Law was published in the Official Gazette on July 7, 2015 and took effect on August 6.
The law repealed the old Commercial Companies Law No 5 of 2002.
The new law introduced significant changes to old Companies Law by simplifying the procedures to start a new business in Qatar.
The commercial company is a contract by which two or more natural or juristic persons undertake to participate in a project with an objective to make profit by offering a share in the form of money or services to divide the yield of this project, whether profit or loss.
The company may be composed of one a single person in accordance with the provisions of Commercial Companies Law (11 of 2015). As per Article 3, any company established in Qatar shall be of Qatari nationality and shall have its principal place of business in Qatar, but it shall not necessarily be entitled to privileges reserved only to nationals.
According to Article 4, any company established in the state shall take any of the following forms: (1) joint liability company, (2) limited partnership, (3) joint stock company, (4) public shareholding company, (5) private shareholding company, (6) partnership limited by shares, and (7) limited liability company.
Any company that does not assume any one of the above forms shall be null and void, and the individuals who enter into a contract in its name shall be personally and jointly liable to third parties for the obligations resulting from such contract.
Except for joint stock company, the memorandum of company and any amendment thereto shall be drawn up in Arabic and authenticated before the competent legalising authority, or otherwise the memorandum of company and its amendments shall be null and void.
The procedures for attesting company contracts will be specified by the resolution issued by the competent authority, in coordination with the Minister.
The memorandum of company or any amendment thereto may be accompanied by a translation in any foreign language, and in case of dispute, the priority will be given to the copy in Arabic language.
According to Article 8, except for joint stock company, no company shall have legal personality until it has been registered in accordance with the provisions of the Law.
The directors of the company or the members of its board of directors, as the case may be, shall be jointly and severally responsible for any damages sustained by a third party as a result of non-registration.
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