By Dr Nizar Kochery/Doha
Question: What is the punishment for entering someone’s house without permission? I entered the out-house/majlis which was occupied by a foreigner who owed money to me and was hiding from repayment. I entered the out-house of the building by opening the gate. He called police and now there is a case against me. Please advise.
Answer: According to Article 323 of the Penal Law, whoever trespasses by entering into residential premises, or at premises intended for residential purposes or annexes thereof or a place for custody of property, without the consent of the owner or contrary to the stipulations of the law, shall be liable to imprisonment for a term not exceeding one year or a fine not exceeding QR5,000 or both the penalties. The penalty shall not exceed five years if the crime happens at night through breaking, trespassing, if the offender is armed, or the crime is committed by more than two people or the person assumes a fake identity or falsely claims to be performing a public duty.
Criminal liability for dud cheques
Q: I am working in a company as manager. The company board has made a decision to issue cheques to creditors even without sufficient fund and for that they have appointed me as the signatory. I disagree with the company’s decision and the board opined that being an employee without any ownership rights, I can get absolved of the charges of cheque dishonour. My question is: can I can get any exemption from the criminal charges as the cheques are being signed on the company’s behalf ? Please advise.
A: The criminal liability will arise against the signatory of the cheque regardless of instructions of the company. The cheque is a tool of payment that is considered as money and replaces it while paying the obligations. It is an unconditional order by the drawer to the bank to pay the beneficiary certain sum of money on a specific date. The issuance of cheque without sufficient funds in the account is an offence regardless of the motive for issuing such a cheque.
Repatriation cost is on employer
Q: Our company has amended the employment contract and requested the employees to sign the same. Some of the employees do not agree with the terms in the new contract. They have informed the management that they don’t want to continue with the employment and the company has accepted the resignations. If the employee resigns, does the company have to provide travel expenses? Please advise.
A: The employee is entitled for the repatriation expenses as per law irrespective of termination or resignation. As per Article 57 of Labour Law the employer shall at its cost return the employee to the place of recruitment or to any place agreed upon between the parties on termination of the employment contract. The employer shall complete the proceedings of returning the non-Qatari worker within a period not exceeding two weeks from the expiry date of the contract. It is only when the worker joins another employer before his departure from the country that the obligation to return him to his country or other place shifts to the new employer.
Tenant asked to vacate premises
Q: I leased a property in March and have paid the rent without any dues. Our landlord is asking us to vacate the premises without any valid reason. I refused to vacate the premises as my lease contract is valid until next year. Now, the landlord has come up with a court order asking me to vacate the premises for additional construction work. But I strongly believe that the landlord will not do any work and he will re-rent the building. If the landlord re-rented the building, can I file a complaint? Please advise.
A: According to Article 19 of the Rental Law, if the court orders the tenant to vacate the premises for the works, the landlord should proceed with the licensed works within six months of the date on which the leased premises were vacated. In the event if the landlord does not undertake the licensed works, or lets the said premises to another tenant before undertaking such works, the tenant may submit a claim for compensation if such is warranted.
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