By Nizar Kochery /Doha
QUESTION: I have issued a post-dated cheque hoping to arrange the amount later. Unfortunately I couldn’t do that. Now the recipient of the cheque has handed it over to another person who is going to present it to the bank another. The cheque will bounce then. What are my options?
LK, Doha
ANSWER: Article 564 of the relevant law stipulates that a cheque may not be issued unless the drawer has, at the time of drawing the cheque with the drawee, funds of which he can dispose of by cheque pursuant to an express or implied agreement.
A person who draws a cheque or instruct another to draw a cheque at his account shall be obliged to provide funds for the payment of such cheque. However, a party who draws for the account of another shall be liable to the endorsers and the holder to the exclusion of others for providing the funds for payment.
In the event of denial, the drawer, to the exclusion of others, shall prove that the drawee of the cheque had at the time of its making enough funds to pay it, failing which he shall secure the payment of the cheque in spite of making a protest after the legally prescribed time limits.
Wrong statements
Q: Is there an Act in Qatar crime law under which a witness can be punished for making wrong statements? What will happen if the translator in the court wrongly translates statements?
JU, Doha
A: According to Article 172 of the Qatar Penal Code, a punishment of imprisonment for a period not exceeding three years and a fine of not exceeding QR10,000 shall be inflicted upon a witness who, after taking the oath before a criminal court, gives false testimonies or withholds all or some of the information of which he is aware regarding the facts of the case concerning which his testimony is being made. The same penalty shall apply to any person instructed by the court to work as an expert or translator and deliberately commits an act of misrepresentation.
The condition of notice
Q: I have worked with a construction company in Doha for the last four years. My initial contract was for two years and it stipulated that in case of resignation, I need to give a three-month notice. If I resign now, is this notice period still applicable or is a one-month notice sufficient? Also if I resign now and the company issues to me a no-objection letter, will still be a ban imposed on me? I am the holder of a master’s degree in civil engineering?
MV, Doha
A: As per the labour law, the condition of notice is always required and legally binding on both the employer and employee. Thus, if any party fails to commit to such notice condition, if he does not notify the other with ending the contract or if he does not complete the notice period, then the violator party shall compensate the other as per the Labour Law.
The notice period shall not be shortened, but can be extended by mutual agreement. Article 4 of the Sponsorship Laws prohibit the granting entry for work to one who earlier resided in the country only two years after the date of departure. No waiver is extended to master degree holders or any.
The terms of settlement
Q: I face a case and would like to seek settlement with the claimant. What’s the law on this? If we agree on some terms, how will that be effective and any chance to become the settlement null and void? If mutual and if one party violate what will happen?
JI, Doha
A: According to Article 573, compromise is a contract by which two parties put an end to a dispute that has arisen between them, or prevent a dispute that is expected to arise by the mutual surrender of part of their respective claims.
The parties to such compromise must have proper capacity to dispose of or vary their rights under the contract and the Settlement Agreement must only affect the rights of the contracting parties.
The terms of settlement must be in writing. Moreover a compromise is indivisible. The nullity of one part of a compromise involves the nullity of the whole contract. This rule does not apply, however, when it follows, from the wording of the contract or from the circumstances, that the parties agreed that the various parts of the compromise are separate and independent the one of the other.
Termination during vacation
Q: A colleague of mine resigned from services while on leave almost a year ago. Can an employer or employee terminate the contract while on vacation? Another company known to him is offering an opportunity, hence he now wants to come back to Doha on a business visit visa. What are the legalities for him to gain an employment?
AC, Doha
A:Though Article 85 of the Labour Law has restricted the right of the employer in terminating the employment contract during the leave period of the employee, the law did not restrict the employee’s right to terminate the work even during leave. Therefore, the employee may present their resignation during the leave period. It states that the employer shall not have the right to terminate the employment contract or notify the employee of terminating it during any of the latter’s leave. The employer may not notify the employee of terminating the contract if the notice period ends during any leave.
The current regulations allow him to enter Doha on a visit visa but rules will not permit him to take up another job unless otherwise his earlier sponsor provides him with a no-objection letter. He has to wait for a period of two years from the date of his exit to get employment with another company.
* Please send your questions by e-mail to: leges@qatar.net.qa
LEGAL SYSTEM IN QATAR
As per Law relating to contracts, the contracting parties are free to agree on a specific form for their contract, and where they have agreed on the specific form, neither party may claim the existence of the contract if it is not in the agreed form without the consent of the other party.
In a contract for work, one of the contracting parties undertakes to do certain work or to perform a service in consideration of remuneration which the other party undertakes to pay without being affiliated thereto or acting as a deputy thereof.
In certain cases the contractor may undertake to supply his work only and the employer must be responsible for the supply of materials, which the contractor uses in the performance of his work. The contractor may also undertake to supply all or some of the materials as well as his work.
When the contractor undertakes to supply the whole or part of the materials to be used in the work, he shall ensure that such materials conform with the agreed specifications, but if such specifications are not included in the contract, such materials shall fulfil the intended purpose.
The contractor shall guarantee the inherent defects in such materials that cannot be revealed upon handing over the work in accordance with the provisions of defect warranty for sold items.
According to Article 685, where the materials are supplied by the employer, the contractor is bound to care for their preservation in the manner expected from an ordinary person, to use them with technical skill, to account to the employer for their use in the work and to return to him any such materials that remain.
If all or part of the materials becomes unfit for use owing to the contractor’s negligence or lack of professional skill, the contractor is bound to refund to the employer the value thereof together with payment of compensation if necessary.
If, in the course of execution, it is established that there are defects in the materials supplied by the employers or if there are other factors that are conducive to delaying the execution of the work in convenient conditions, the contractor shall give an immediate notice to the employer to this effect.
If he fails to give the required notice, he shall be liable for all the results arising from his negligence.