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.
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.
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.
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.
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.
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