QUESTION: I lost my job last month. One of my friends owes me some money. He had borrowed it from me for his son’s medical treatment. I need that money now but don’t have any financial resources to file a case and engage a lawyer. Is it possible to get free legal aid? Can I get exemption from the court fee? As I am terminated from service, I have to leave Qatar. How do I authorise a co-worker to receive the amount on my behalf and to conduct the case by appointing a lawyer in due course if required?
DF, Doha
ANSWER: According to Article 551 of the procedural laws, if a party prove his inability to pay the judicial fees, he shall be exempted wholly or partially from payment. A request for exemption from payment of fees shall be submitted to the competent court and the court shall examine such a request.
The exemption shall be granted subject to good prospects of success in the claim. Exemption shall include court fees, execution fees, expenses of judicial notices and other expenses.
By a power of attorney/authorisation authenticated at the Ministry of Justice, a co-worker may be appointed to receive the judgement amount from the court.
In order to engage a lawyer to attend the case in the court by the said co-worker, the power of attorney/authorisation should include specific power to appoint an attorney.
Job protection for
pregnant women
Q: I’m under my company’s sponsorship. I live with my husband and am pregnant now. I am in a two-year contract with my company and have completed my first year of service by the end of June this year. But the company wants to terminate me as it feels I can no longer carry out my marketing duties because of pregnancy. Can the company legally terminate my contract just because I am pregnant?
SS, Doha
A: The labour law protects against dismissal because of pregnancy. According to Article 98, an employer may not terminate female employees who are temporarily unable to do their usual job due to pregnancy. The employer shall not serve notice of termination of contract during the maternity leave period or give the employee a notice period that expires during this period.
Qatar law on
national flags
Q: Is there any law in Qatar concerning the national flag? If so, is there any punishment on displaying faded flags?
FJ, Doha
A: The Qatari flag shall be respected and treated with dignity as a symbol of the State, and shall not be subjected to mistreatment in any way. According to Law No 14 of 2012, if a Qatari flag is damaged, torn, worn-out, or its colours become faded, or where it appears in any way inappropriate, it shall not be flown, or displayed, or circulated. If any person acts in violation of the said provision, he shall be punished by imprisonment for a term not exceeding six months, or a fine not exceeding QR100,000, or both.
Salary
deduction
Q: We work as electricians with a company in Doha. The company paid us last month’s salary after a 25% deduction. The management said that we didn’t have job for the whole period. But what had happened was that on some days work used to be stopped because of defect in materials supplied to us. Is it legal to deduct salary because of this reason? Can we claim the unpaid amount? If we claim for that amount now, the company may terminate us.
SD, Doha
A: The employer shall be bound to pay all the benefits if the worker attends the workplace to execute the work. As per Article 44 of the Labour law, the employer shall undertake to enable the worker to perform the work and to provide him with all things necessary therefore, and if the worker attends the place of work and is willing to perform the work but could not do so for reasons beyond his control, he shall be considered to have actually done the work and be entitled to all the benefits.
According to the Article 10 of the Labour Law, subject to the provisions of Article 113, the right to file a suit claiming the labour entitlements shall lapse by the expiry of one year from date of termination or resignation. In certain instances, the limitation period can be waived with the support of evidences which can establish the follow up even after one year.
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LEGAL SYSTEM IN QATAR
According to Article 85, after closing the subscription period, if the number of shares offered have been oversubscribed, the shares shall be distributed to the subscribers in a manner prescribed in the subscription bulletin. In all cases, the exceeding funds shall be returned to the shareholders through the subscription authority they had subscribed with, within a period not exceeding two weeks from the date of closing the subscription period.
Any concerned party may, within thirty days from the date of closing the subscription, apply for the judgement of nullifying any subscription taking place in contrast with the provisions under Article 86. Within a period of 30 days from the date of closing the subscription, the founders shall notify the department of the subscription result, the amount of share value paid by the subscribers, a statement of their names and the number of shares subscribed by each of them.
According to Article 88, within the above mentioned period, the founders should extend the invitation to subscribers for a constituent general assembly in accordance with the conditions specified for invitation to general assembly, and the date of assembly meeting shall be within 30 days from the date of sending the invitation, and a copy of the invitation to be extended to the ministry to delegate its representative to attend the meeting.
The convening of the assembly shall be valid only by the attendance of shareholders representing at least half of the capital. The meeting shall be chaired by a founder elected for the purpose by the general meeting. Every subscriber, regardless of his number of shares, shall have the right to attend the constituent general assembly.
As per Article 90, the founders shall submit to the constituent general assembly a report including adequate information about the incorporation procedures with all the supporting documents.
The constituent assembly shall discuss the following matters in particular: the report of the founder on the incorporation of the company and the expenses it entailed, approval of the company’s memorandum of association, election of the members of the board of directors and appointment of auditors and their remuneration, approval of the valuation of shares in kind, and declaration of final incorporation of the company. The resolutions of constituent general assembly shall be passed by an absolute majority of the shares represented in conformity with the provisions of this Law.
According to Article 91, the first board of directors shall undertake the registration procedures in accordance with the provisions of companies law, and the members of the first board of directors shall be responsible for the damages arising from failure to carry out the registration procedures.
All transactions negotiated by the founders before the registration shall be transferred to the company immediately after its registration. The company shall be liable for all the expenses paid by the founders in this regard.
If the public shareholding company was unlawfully incorporated, any concerned party may, within six months from its incorporation, issue a notice in writing for rectification within one month from the date of notice. If the company did not take any corrective action during this period, he may apply for the judgement of nullifying and liquidating the company considering it as a de facto company.
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