Employer has the right to fix annual leave date

By Nizar Kochery/DohaQUESTION: For last three years we have not been allowed to go on vacation by our employer. When we ask for leave, the management postpones our request to another date. Sometimes we are given just three or four days’ leave. That is all. Under Qatar Laws, who has the right to fix annual leave of workers? What is our leave entitlement? Will the right for leave extinguish on termination of employment? Do we need any permission to work for another employer during the leave?DR, DohaANSWER: Under Article 80, the employer shall fix the date of the annual leave for the worker in accordance with the job requirements and may divide the leave with the consent of the worker, provided that the division shall not be into more than two periods. The employer may, on a written application of the worker, postpone not more than half of the annual leave to the next year’s entitlement. The worker who has completed one continuous year in the service of the employer shall be entitled to an annual leave of not less than three weeks for the worker whose service is less than five years and four weeks for the worker whose service is more than five years.The worker shall not, during any of his leave  periods, work for another employer and if it has been proved to the employer that the worker has contravened this provision he may deprive him from his wage for the period of the leave and recover what he has already paid of that wage. Under Article 81, the worker shall be entitled to payment in lieu of his annual leave equivalent to his wage for the leave days to which he is entitled if the contract is terminated for any reason before the worker takes his leave.Objectionsto the verdict

Q: Could objection filed in a court stop execution in a case by default? We have received a judgement. In the meantime, the other party has filed its objection.  What is the court of IDARI/Administrative in Qatar? Is this the rental courts? A case we have filed in the court has been referred to IDARI? Can we appeal this?OIM, DohaA: According to Article 189 of the procedural code, objections to the verdict shall not stay execution thereof unless the court with which the objection is filed orders it to be stayed for substantial reasons. Regarding administrative court, such court considers matters concerning administrative actions and disputes over government contracts, decisions etc. There is a court of first instance and also an appellate to hear appeals. The Rental Dispute Settlement Committee exercises jurisdiction over all rental disputes. The decisions of this committee may be appealed to the Court of Appeal. Priority recruitment

Q: I belong to a welfare association which wants to know about the nationalisation of employment in view of the recent developments in Saudi Arabia  and Kuwait. At a gathering recently we discussed Qatarisation as Saudi Arabia and Kuwait are taking steps to nationalise more and more jobs. SG, DohaA: Article 18 stipulates priority recruitment to Qataris; non-Qataris may only be employed after approval of the Department of Labour. Non-Qatari workers may be employed only after obtaining a valid work permit and non-availability of a Qatari worker is one of the conditions for obtaining a work permit. The Department of Labour will act like an employment exchange regulating the employment of Qataris. To that effect the law imposes duty on employers to notify vacancies to the Department of Labour. In addition to the above, law obligates those employing 50 or more employees to provide technical training to at least 5% of its Qatari workforce, who will be nominated by the Department of Labour in accordance with training programmes approved by the Ministry. Moreover as per Article 26, the Minister will determine the ratio of non-Qatari to Qatari workers in each work sector. For every expatriate expert or technician employed, there should be an appropriate number of Qataris nominated by the Department of Labour either trained on this work or employed as assistants on this work to gain training and expertise. The government can prohibit the employment of non-Qataris in any sector if the public interest necessitates.Adjustmentof mutual debtsQ: We are a trading company in Qatar. One of our customers owes money to us and we also owe money to them but in another project. Could we set off this payment? The other party is not in agreement with the idea. Please advice.KJ, DohaA: According to Article 390 of the Qatar Civil Code, a debtor has a right to a set-off of that which he owes to his creditor against that which such creditor owes to him, even when the causes giving rise to the two debts are different, provided that they are both for a sum of money or fungibles of a like nature and quality, that they are not in dispute and that they are due and may be sued for. A debtor may avail himself of set-off even when the places of payment of the two debts are different, but he must, in such a case, make good any loss caused to the creditor by reason of the fact that the creditor was not able, as result of the compensation, to obtain or to perform the prestation at the place fixed for this purpose.*lPlease send your questions by  e-mail: leges@qatar.net.qaLEGAL SYSTEM IN QATAR

The seller is bound to perform everything necessary to transfer the right to the thing sold, and to abstain from all acts that might render this transfer impossible or difficult. According to Article 433, the seller is under obligation to deliver the thing sold to the purchaser in the state in which it was at the time of the sale and to deliver thereto the relevant papers and documents. The vendor shall provide the purchaser with all the necessary information about the thing sold.  Moreover, if the use of the thing sold requires specifically determined precautions to be taken, then the seller shall inform the purchaser thereof and warn him about its proper way of use, otherwise he shall have to indemnify him.If the contract specifies the quantity of the thing sold, the seller shall guarantee any shortfall in such quantity according to the prevailing practice unless there is an agreement to the contrary. However, a purchaser may not seek revocation of the contract on ground of a shortfall in the thing sold unless he proves that such shortfall is so serious that he would not have executed the contract had he been aware thereof.Unless there is agreement or custom providing to the contrary, if the quantity of the thing sold exceeds that indicated in the contract, and if the price has been fixed by unit, the seller shall, when the object of the sale can be divided, be entitled to the excess unless the purchaser decides to take it in consideration of the equivalent price but when the object of the purchase cannot be divided, the purchaser must pay for the excess unless it is great, in which case he may demand cancellation of the contract. Also when the price is estimated on a lump sum basis, the excess shall be for the purchaser unless it is very great so that the seller would not have concluded the sale had he known the quantity of such excess. In this case, the purchaser shall have the option between increasing price to the extent of the excess in the thing sold and cancellation of the sale.An action for termination of the contract, reduction or supplementing the price or refunding the increase because of deficiency or excess in the thing sold, shall not be heard upon the lapse of one year from the time of actual delivery of the thing sold.