SR, Doha
Answer: According to Article 694 of the civil laws, an employer may refuse to take delivery if the defect in the works or breach of the mutually agreed conditions exceed such an extent that they would not serve the intended purpose. If the defect or violation has not rendered the work unfit for its intended purpose, the employer shall only be empowered to reduce the consideration in proportion to the significance of the defect or breach, or where a remedy is available at reasonable cost, he may require the contractor to remedy such defect or breach within such reasonable time as determined by the employer.
Taking up new employment
Q: I have been working in Doha for over five years with one company. Now I have a better offer from another company. Can you please tell me how can I transfer without cancelling the visa, after resigning? What documents need to be submitted to the labour department and where?
SS, Doha
A: According to the entry, exit and residence law (Law No. 21 of 2015), the employee can change the job with the approval of the government, either after the expiry of their contract or after five years of service with the employer if the contract is for indefinite duration. The new law abolished ban on expatriates who want to come back to the country on a new visa. 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. An expatriate who has got a new contract to work in Qatar can come back even the next day.
An employee who wishes to move to a new employer is required to apply through the link on the Ministry of Administrative Development, Labour and Social Affairs website by uploading the notice and employment contract. After verification, the ministry will issue approval for the transfer of employment.
Mistake in a court judgment
Q: What is the remedy available if there is an error in judgment? Recently, in a criminal case I got favourable judgment. Later I found my name was mentioned wrongly. As there is an error in the judgment I am not getting any benefit out of it. Do I need to file a new case to get it cleared? Please advise.
JJ, Doha
A: As per Article 242 of Criminal Procedure Code, if a material mistake occurs in a judgment or a decision, the court which issued the judgment or decision shall undertake the correction of such a mistake automatically or upon the request of one of the litigants, after being summoned. Such mistakes do not imply the invalidity of the judgment. Correction is made without a pleading after hearing the litigants. The issued correction shall be indicated in the margin of the judgment or decision.
Penalties for drunk in public, gambling
Q: I am a camp boss. An inmate of our camp was jogging in front of the camp facing a public road after consuming alcohol. A police car came and picked him. What’s the penalty for such an offence? Also, what about gambling in the camp?
AT, Doha
A: Article 270 of the Qatar Penal Code deals with the offence of being intoxicated (drunk) in a public place. Anyone found drunk in a public place shall be convicted to no more than six months and to a fine of QR3,000 or to any one of these two penalties.
According to Article 275, whoever gambles shall be punished with imprisonment for a term not exceeding three months and a fine not exceeding QR3,000 or both. The penalty is no more than six months in prison in addition to a fine of no more than QR6,000, or one of these two penalties if gambling occurs in a public place, is performed openly or in any place or house made for this purpose. Gambling is any game in which the probability of gain and loss depends on the luck and not on controlled factors and each party agrees to give the amount of money, in case of loss, to the winning party.
* Please send your questions by e-mail to: [email protected]
LEGAL SYSTEM IN QATAR
As per Article 138 of Civil and Commercial procedure law, written or mathematical errors shall not affect the validity of judgment. The court shall undertake the correction of written or mathematical errors in its judgment, by a decision taken by the court on its own accord, or at the request of one of the parties without pleadings. The Registry of the court shall make the correction on the original copy of the judgment and it shall be signed by him and the presiding judge. The decision to refuse a correction shall not be subject to appeal unless this appeal is made at the time of appeal of the judgment itself. The parties may apply to the court which issued the judgment for interpretation of any ambiguity or confusion in the writing. The application shall be submitted in accordance with the ordinary procedure for filing a claim. The registry shall record the issued judgment as to interpretation in the margin of the original judgment. The judgment issued as to interpretation shall be considered complementary, in all aspects, to the judgment which it interprets and shall be subject to the same rules pertaining to appeal which are applicable to the original judgment.
As per Article 140, if the court judgment omits part of the applications, the party concerned may apply to summon opponent to appear before the court to hear these requests and decide upon them. In cases, if the party is entitled to receive an order, he shall submit an application by a petition to the summary judge at the competent court. The petition shall be in two identical copies, containing the facts and proof of the application. The documents supporting the application shall also be enclosed therewith.
According to Article 142, the judge shall issue order in writing to either accept or reject the application on one of the two copies of the application, the day after submitting the same. He shall not be obliged to state the reasons on which the order is based, except when the order is contrary to an order previously issued, in which case the reasons for issuing the new order shall be stated, otherwise the order shall be void. The order issued on a case shall expire, if no application for execution of the same is submitted, within thirty days from the date of issuance of the same. However, the expiry of the order shall not prevent submission of an application for a fresh order.
As per Article 149, if the judge decides not to grant all of the applicant’s remedies, he shall abstain from issuing the order and shall fix a session for hearing the application before the court. The office of the Registry of the court shall notify the debtor to appear on the fixed date. Refusal to grant an immediate self-executing order shall not be deemed as refusal of part of the requests.
The debtor shall be notified in his original residence or his workplace with the petition and with the order issued against him for the settlement. The petition and the order issued thereupon for the settlement shall be considered null and void if they have not been notified to the debtor within six months from the date of issuing the order.
The debtor may appeal the order within 30 days from the date of notifying him therewith, and the appeal shall be submitted by summoning the creditor to appear before the competent court and all applicable rules to filing a claim shall be complied with.
