Dr Nizar Kochery/Doha
Question: Is it legally allowed to change the consignee by the consignor? If so what procedure is to be followed? We are in a situation that the agreed payment prior to consignment has not been made by the consignee. Considering the delay, we had acted for dispatch in advance. Can we get this consignment back or to transfer to another consignee. Can the carrier deny any change?
Answer: Article 177 of the Trade Law stipulates that while the consignment is in possession of the carrier, the consignor may instruct to return or dispatch to a person other than the original consignee, provided the consignor shall pay the charges for the carriage and compensate the carrier for the expenses and damages. The said right shall not be exercised by the consignor, If the consignor fails to produce the carriage document or the consignment has arrived at the destination and consignee has been notified to take delivery. Such right shall be transferred to the consignee on receipt of carriage document.
Issuance of service certificate by firm
Q: Is it legally correct to include a provision in the company’s policy that the company shall not issue any kind of service certificates to employees on termination? Will it be a violation of company regulations or of the prevailing state law? Please advise.
A:The company cannot refuse issuance of service certificate to employees as per the provisions of Labour Law. According to Article 53, the employer shall upon termination or expiry of the service contract issue free of charge a service certificate on worker’s demand. A service certificate is required to mention tenure of service, nature of work rendered and salary paid. In addition, the employer must return to the worker the certificates, documents etc. which the worker deposited with the employer.
Working after the expiry of contract
Q: My employment contract was for two years from 02-01-2015 to 02-01-2017. I am still working for the same company having completed two years and seven months. Is it possible to change job under the new sponsor as I have not signed a new contract yet now? Please advise.
A: If the employee continues with same contract after the expiry of the period stated in it, the contract becomes an open-ended one or one in which the duration is not fixed or is indefinite. As per the new entry exit law (Law No 21 of 2015), the employee can change the job with the approval of the government, either on termination or after the expiry of his contract or after five years of service with the employee if the contract is an indefinite contract.
However, the employee can resign from the company after serving a notice period of one month. 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 earlier two-year ban on expatriates who want to come back to the country on a new visa. Now, there is no requirement of a no-objection certificate from the previous employer for a former resident to take up a new job in Qatar.
Seeking exemption on loan repayment
Q: I am seeking your advice concerning my bank loan. I have made the repayments without any defaults till now. Now I lost my job and I am searching for new one. Can I request for exemption from the monthly payment as I am out of cash? Do I have any legal right to get such exemption from making the payment?
A: Loan contract is independent of borrower’s employment and borrower will be legally obliged to repay the loan as per the terms of loan. On failure to repay the loan amount, the bank can take the necessary legal action to recover the loan amount. Loan repayment shall subsist irrespective of whether the borrower is employed or not. Negotiate with the bank for a review of the repayment terms or offer further guarantees till such time of getting a new source of income or employment. Getting an exemption in the repayment terms is at discretion of the bank.
In-camera court proceedings
Q: Is it possible to request before the court for proceedings in camera as in other countries? If so, which law specifically states that provision?
A: According to Article 59 of Law No 13 of 1990, the court sessions shall be in public, unless the court perceives on its own initiative, or upon request of one of the adversaries, making it in camera with a view to maintaining the public order, or in deference to manners or the inviolability of the family. Pronouncement of the judgment shall in all circumstances be public.
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