By Nizar Kochery /Doha
QUESTION: What are the laws on suspension of workers? If a worker has been suspended, is the employer entitled to stop his salary? What is the maximum period for suspension and what if the competent court decides to acquit the worker?
HG, Doha
ANSWER: Article 58, 59 (3) & (4) are relevant. Article 58 stipulates that an employer employing 10 workers or more shall make penalty regulations specifying the violations and the penalties to be inflicted on the workers who commit these violations and the conditions and procedures for the infliction thereof. Penalty regulations will be applicable following appropriate authentication and notifications of the same.
Subject to the regulations, a worker may be temporarily suspended together with non-payment of the wage for a period not exceeding five days in respect of one violation.
In the event of suspension from work without payment or with reduced payment pending the adjudication upon the criminal charge attributed to the worker and if the worker is acquitted, he shall be reinstated in his work; he shall be paid his remuneration in full for the period of the suspension.
Order of attachment
Q: We have obtained a judgment from the civil court for a certain sum. Could we get attachment of properties of the debtor through court? What things could be attached? Could we stop the travel of the debtor?
DR, Doha
A: Under Law No.13 of 1990 – the Civil & Commercial Procedure Code – the courts have power to issue a precautionary attachment upto the value of the claimed debt. The attachment order freezes without prior warning, the debtors bank accounts, commercial registration, non-tangible assets as well as all movable tangible assets, vehicles, construction machinery, equipment and materials etc.
A stop-travel-order can also be obtained over the passport of the debtor if an individual, and in certain circumstances, the managers and /or shareholders of a limited liability company, provided the court is satisfied on a risk of the debtor fleeing the jurisdiction.
Laying off workers
Q: Our company is working on a plan to issue a notice to lay off workers temporarily. There won’t be any work and payment. Most of us want to leave the country but the company management hopes that they will receive new projects in another year. Can the company hold us?
RE, Doha
A: There are no provisions in the Labour Law for laying-off workers even in situations of redundancy. Accordingly, any such procedure is contrary to the law and the employer is obliged to pay the worker’s salary so long as such worker is on the employer’s sponsorship even if no work has been assigned to such worker. Under Article 44 of the Labour Law, the employer shall undertake to enable the worker to perform the work and to provide all facilities required.
If the worker attends the place of work and is willing to perform the work but could not do so for reasons beyond his control, he shall be considered to have actually done the work and eligible for all entitlements.
No ceiling on gratuity payment
Q: There are a lot of versions about Article 54 related to gratuity in Qatar’s Labour Law. It is felt that gratuity will be paid for 21 days per year for five years. What happens if the employee has completed more than five years of service? Will the calculations be on the basis of 28 days per year for the whole period? What is the maximum ceiling period of gratuity? Is it 10 years? Is there any provision for gratuity for a worker who joined a company’s service before January 2005?
GG, Doha
A: Under Article 54 of Qatar’s Labour Law, a worker who has completed a period of minimum one year of continuous service shall be entitled to gratuity pay on the termination of his employment. It shall be calculated minimum at the rate of three weeks’ basic salary for each year of service.
Article 54 of the Law No14 neither prescribes any ceiling on years nor on amount of gratuity. It says that gratuity shall be agreed upon by the two parties, provided that it is not less than a three-week wage for every year of employment.
Regarding entitlement of gratuity for expatriate employees working with national companies prior effectiveness of Law No 14 of 2004; this was not mandatory unless otherwise agreed between the parties. The employer-employee relations were regulated by Law No 3 of 1962 and under the law when the contract provides gratuity, calculations were done as per Article 24 of the law.
According to Article 4 of the Law No 14, the entitlements prescribed by the law represent the minimum entitlements of the workers and any stipulation contradicting the provisions of this law shall be void even if it was made prior to the date of application of this law unless the said stipulation is more advantageous to the workers and any release, compromise or waiver of the entitlements prescribed for the worker by this law shall be deemed void.
Therefore whatever agreed prior to the law will supersede if that is more advantageous to the worker.
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LEGAL SYSTEM IN QATAR
According to Article 381, an obligation can be discharged by novation.
Novation means by a change of the debt when the two parties agree to substitute a new obligation for the original obligation, which new obligation differs from the original obligation regards its object or as regards its source; by a change of the debtor, when a creditor and a third party agree that such third party shall take the place of the original debtor and that the original debtor shall be released of the debt without his consent being necessary, or when the debtor has a procured the consent of the creditor to substitute the debtor by a third party who consents to be the new debtor; also by a change of the creditor, when the creditor, the debtor and a third party agree that his third party shall be the new creditor.
Novation can be effected if the two obligations, the original and the new obligation are free from any grounds of nullity.
When the original obligation results from a voidable contract, the novation is only valid if the new obligation has been assumed both with a view to confirming the contract and to replacing the original obligation.
Novation is not presumed, it must be expressly agreed or result clearly from the circumstances. In particular novation does not result, in the absence of an agreement to the contrary, from the subscription of a promissory note in respect of pre-existing debt, from changes that relate only to the date, place or mode of performance of prestation, or from modifications made to the obligation only as regards securities unless there is agreement to the contrary.
The mere entry of the debt in a current account does not effect novation. There is, however, novation when the balance of a current account has been fixed and agreed; if, however, the debt was guaranteed by means of special security, that security is maintained unless otherwise agreed.
Novation has the effect of extinguishing the original obligation with its accessories and of substituting for it a new obligation. Securities which guaranteed the performance of the original obligation are not transferred to the new obligation, unless the law provides otherwise, or unless it appears from the agreement or the circumstances of the case that such is the intention of the parties.