By Nizar Kochery/Doha
Question: We are a social and cultural service organisation. Many runaway housemaids are approaching us for assistance and protection. What’s the law for repatriation tickets for them? Can we employ them? Will there be a fine if the maid is caught by the police? Can a person employed as a domestic worker work as an accountant in the sponsor’s company? What’s the law for a domestic helper working in the sponsor’s company?
HY, Doha
Answer: As per sponsorship laws a person is not allowed to work for anyone other than the employer from whom he received sponsorship. Regarding protection to runaway maids, a person who gives shelter to absconding workers or employs him or her, is liable for imprisonment and payment of a fine ranging from QR20,000 to QR100,000. As per current practice if an absconding domestic servant is arrested or surrenders voluntarily within 30 days from the date of filing the complaint by the sponsor, the sponsor has to bear the cost of air ticket to deport the person to his or her native country. But if the person is arrested after 30 days, the matter will be referred to the public prosecutor for instituting legal procedures. A person will not be considered as working for anyone else other than his sponsor if he or she is working in the sponsor’s firm or under his personal sponsorship; also if he works in the sponsor’s house but is under the sponsorship of the latter’s firm.
Requirements for dissolving company
Q: Our company is in huge, irrecoverable loss. The audit report and the letter from auditor specify the depth of the situation. The main shareholder is not co-operating to close the company or even to run it properly. How far is liquidation mandatory in a limited liability company in Qatar? Advise the procedure when one partner is not co-operating.
LK, Doha
A: Qatar Commercial Companies Law No5 of 2002 sets out detailed requirements on how a company may be dissolved and the requirements for liquidating a company. If a limited liability company loses half of the capital as a result of losses from its business, the manager shall, within 30 days from the date of losses present to the board of managers the matter of reinstating the capital or dissolving the company. Failure to call for the partners’ meeting or if the shareholders fail to pass a resolution on the matter, such managers or partners, as the case may be, shall be jointly and severally responsible for the liabilities resulting from their negligence. In the event of non-cooperation among partners, the other shareholders may approach the civil court for liquidation and the court after notice procedures appoints a liquidator to liquidate the company.
Law on liquidated damages clause
Q: In contracts can we incorporate liquidated damages clause legally? We, as contractors to a foreign company executing a job, wanted to appoint subcontractors and received an opinion that liquidated damages clause is not legal and only penalty is allowed. Please advise on LD.
GU, Doha
A: Article 265 of the Civil Code states that if the object of an obligation is not a sum of money; the contracting parties may determine in advance the value of the compensation in the contract or in a subsequent agreement. In accordance with the General Principle and Article 265 of the Civil Code, parties are permitted to agree to a level of liquidated damages.
Employee should get all benefits
Q: In Qatar who will be responsible if an employee present at the project site is unable to carry out his work for no fault of his? Also is there a standard set of weekend regulations for workers?
PS, Doha
A: The employer shall undertake to provide the employee with all resources needed to carry out his work. If the employee arrives at his place of work ready to perform his duties but cannot do so due to reasons beyond his control, the employee will be regarded as having worked and shall be entitled to all benefits stipulated in his employment contract. Regarding weekend, an employee shall be allowed a weekly paid rest which shall not be less than 24 consecutive hours. Friday shall be the weekly rest day for all workers with the exception of shift workers. If the circumstances of the work necessitate the employment of the employee during the rest day the employee shall be compensated for the rest day by another day and shall be paid for working that day the wage payable to him for the ordinary weekly rest day or his basic wage plus an increase of not less than 150%. With the exception of shift workers a worker shall not be required to work more than two consecutive Fridays.
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LEGAL SYSTEM IN QATAR
The maximum deduction of salary shall not exceed more than five days per month and the employer must maintain records of all violations and penalties imposed upon the employee, specifying the name, reason and other details such as salary deductions and suspension and the date. This record shall be subject to inspection by the Inspections authority at the department.
According to Decision No7 of the year 2005 issued in accordance with Law No14 of 2004, every organisation is required to formulate its own schedule of penalties, according to the nature of its business and the circumstances that may occur. Penalties for any violation not specified or included in the Labour law, can be formulated by an organisation but only after it has been endorsed by the Labour Department. The law also specifies the maximum penalties that can be imposed for violations.
Various penalties that can be imposed on workers who violate work rules include: warnings against repeating violations, deduction of salary for a maximum period of five days, suspension from work without pay for a period not exceeding five days, suspension from work with basic minimum pay until the charges levelled against the employee are upheld by a local court (however, if the court acquits the employee, the suspension will be considered as null and void and the employer shall be liable to pay full salary and benefits for the period), postponing payment of annual allowances for a period not exceeding six months where such benefit exists, freeze on promotion of a violator for a period not exceeding one year and termination from employment with end-of-service benefits or forfeiting such benefits. Under Article 5, an employer can impose stiffer penalties if an employee commits the same violation more than four times within a period of six months after the first incident.
The decision provides right to employer to approach a court or file a civil case against workers who are accused of violating the law. Employers must maintain a register called “Penalties Register” to record all penalties imposed on every employee mentioning the name of the erring worker, the penalty imposed and other relevant details of the violation.
Article 6 of the decision provides further guideline on employers while penalising their workers for violating work rules. Accordingly an employer has no right to accuse a worker of a violation that was brought to the notice at least 15 days earlier, unless the violation is of a criminal nature. The employer shall not penalise any worker for any violation that has no direct connection to his work, either at workplace or elsewhere. No penalties may be imposed on a worker other than for violations stipulated in the labour law and only the employer or a person duly authorised by him shall reserve the right to impose any penalties on an erring worker. Deduction of salary for one violation shall not exceed wages of five days and the total deduction in a month shall not exceed five days’ salary from the wages of a month.
In simple violations, a verbal warning may be issued which can be recorded in the employee’s personal files. A worker shall not be subjected to two penalties for a single violation. The employer shall serve a written notice about the violation and conduct a proper investigation. If he refuses to accept such a notice, the employer may issue a public notice, informing about the penalty. If the worker was absent from the workplace, such a warning has to be delivered at the residence of the employee.