Lump sum payments for new clients
August 11 2017 11:41 PM
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Dr Nizar Kochery/Doha

Question: We are working as a commercial agent with a company on commission under special payment terms. In certain products, the agreement allows instalments and lump sum for other. However, we extended instalments for our regular clients and lump sum for new clients. Now the company is insisting for lump sum payments irrespective of our agreement with customer. Please advise.
DCS, Doha

Answer: According to Article 308 of the Commercial Law, if the commercial agent agrees without the consent of the principal to grant a period for payment of price or agrees for payment by instalments, the principal shall claim immediate payment of the total price by the agent. In such event, the agent shall be entitled to retain the balance if the transaction is concluded for higher price. If the agent is instructed to sell for deferred payment, and the commission agent sells for immediate payment, the commission agent shall be bound to pay the price on the basis of sale on deferred payment.

Switching to a new job
Q: I have signed a two-years contract with my current employer i.e. from August 6, 2015 to August 8, 2017. My Qatar ID and visa expired on August 8, 2017 and already cancelled my contract with the current employer. Is it possible to switch job? What steps should I take for switching to a new job? Will the company be responsible for providing return ticket for the employee, if it is mentioned on agreement that return ticket and bonus will provided for employee after completion of two years’ contract period? Please advise.
AS, Doha

A: As per the new entry, exit law (Law No 21 of 2015), the employee can change the job with the approval of the government on expiry of their contract. In case of termination of the employment contract, the employee can have up to three months’ time as a grace period to find new employment by notifying the Ministry of Administrative Development, Labour and Social Affairs. When the worker has found a new job, he is required to return to the ministry and present his new employment contract. In case of cancellation of residency permit, the person will be able to return to Qatar to take up employment immediately after being granted a new visa. The new law abolishes the current two-year ban on expatriates who want to come back to the country on a new visa. The employee will be entitled for end of service gratuity, salary dues, payment against leave entitlements and repatriation travel fare.
However, if the employee joins another employer before his departure from the State, the obligation of repatriating him shifts to the new employer pursuant to Article 57 of the Labour Laws.

Car damaged in parking dispute
Q: When I was on vacation, I parked my car near my home. When I returned, I found some damages in the car body and came to know that the car was damaged by my neighbour. He accepted and said he has damaged as that was not my parking. It led to a dispute between us. In such case, can I file a complaint against him? What will be the effect of such case? Is it possible to settle the issue amicably after making the complaint? Please advise.
TH, Doha

A: The victim can file a complaint before the police station for damage of the car and the case will be charged according to Article 389 of the Qatar penal law. Any person who intentionally destroys, damages or spoils, another person’s movable or immovable properties, or makes them unusable, invaluable, useless or invalid, shall be punished with imprisonment for a term not exceeding three years or with a fine not exceeding QR10,000 or both. It is also possible to make the settlement before the police if the complainant wishes to do so.

No salary as there’s no work?
Q: Can the management of the company hold the salary of the workers if there is no work or ongoing projects? The management has decided not to pay the salary as there is no work. What’s the procedure for layoff? Please advise.
ER, Doha

A: According to Article 44 of the labour laws, 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 the advantages accruing therefrom. The employer shall undertake to enable the worker to perform the work and to provide him with all things necessary for this purpose. There are no provisions in the Labour Law for laying off workers even in situations of redundancy. Accordingly, any such procedure is contrary to the law and the employer is obliged to pay the worker’s salary so long as such worker is on the employer’s employment even if no work has been assigned to such worker.

*Please send your questions by e-mail to: [email protected]

LEGAL SYSTEM IN QATAR

According to Article 237 of the Penal Code, whoever willfully breaks or destroys machines, pipes, or equipment related to the facilities of water, electricity, gas, oil, telegraph, telephone, wireless, radio or television or any other public facilities, when such an act is liable to disrupt such facility, shall be punished with imprisonment for a term not exceeding ten years.
Anyone who willfully demolishes, breaks down, spoils or causes damage to any fixed health installations or mobile health units or items or instruments of such units, or intentionally impairs any of them or puts them out of use, shall be punished by imprisonment for a term not exceeding seven years.
As per Article 238, whoever purposely destroys, ravages or damages fixed health facilities, mobile health units or their supplies, machines or tools and this action causes the facility to breakdown or become inoperable, or useless, shall be punished with imprisonment for a term not exceeding seven years.
Whoever purposely destroys or damages any public sewer or drains, airports, roads, or public bridges shall be punished with imprisonment for a term not exceeding five years. The same penalty shall be imposed on any person who purposely destroys or damages any of the fixed signs in airports or public ports, or changes their place or makes them invalid or useless.
According to Article 240, whoever willfully destroys or damages a light, a lighthouse, a buoy or any other objects used in navigation, or changes their position or makes them inoperable or useless, shall be punished with imprisonment for a term not exceeding five years.
Whoever willfully destroys or damages any device, machine, or other object which are designated for first aid, firefighting, life guarding, or other apparatus intended to prevent such accidents, and in case of changing their position causing them to become inoperable or useless, shall be punished with imprisonment for a term not exceeding three years.
As per Article 242, anyone who makes any public street or bridge inoperable or unsafe for traffic shall be punished with imprisonment for a term not exceeding five years.
Whoever willfully sinks any maritime means of transportation or endangers in any manner whatsoever, shall be punished with imprisonment for a term not exceeding fifteen years. The offender, on conviction, shall be liable to the death sentence if such act has resulted in the death of another person.
According to Article 245, whoever hijacks or alters the course of a plane or a vessel or takes the merchandise onboard, or harms any person onboard, and if this action causes the death of a person, the offender shall be liable to the death sentence or shall be sentenced to life imprisonment. If a culprit returns the airplane or the vessel to the captain or to the person who is legally entitled to take possession thereof immediately after capturing it and no damage has been caused to it or to the goods carried on board, or injury to the persons on board, the penalty shall be punishment by imprisonment for a period not exceeding five years.
Anyone who jeopardises the safety of a plane or a vessel or any other means of public transportation shall be punished with imprisonment for a term not exceeding 10 years. Whoever willfully disrupts the course of any public means of transportation via land, sea or air shall be punished with imprisonment for a term not exceeding three years or with a fine not exceeding QR5,000 or with both.



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