By Nizar Kochery/Doha
QUESTION: What does revocation mean in law? Is there any special procedure for altering a contract and discharging obligations? Could revocation by one of the parties be valid? If one of the parties expect a big loss from the contract, how could it be revoked?
AX, Doha
ANSWER: The contract makes the law of the parties. According to Article 171, it can be revoked or altered only by mutual consent of the parties or for reasons provided for by the law. A contract must be performed in accordance with its contents and in compliance with the requirements of good faith and honesty.
When, however, as a result of exceptional and unpredictable events of a general character, the performance of the contractual obligation, without becoming impossible, becomes excessively onerous in such way as to threaten the debtor with exorbitant loss, the judge may, according to the circumstances, and after taking into consideration the interests of both parties, reduce to reasonable limits by lessening its extent or increasing its consideration, the obligation that has become excessive.
Under Article 199, every fault which causes injury to another imposes an obligation to make reparation upon the person by whom it is committed.
Notice period for resignation
Q: If an employee having four years of service resigns from service and wants to leave with immediate effect, does the company need to pay notice period pay? The employee wants to leave the country. If so what’s his entitlement on gratuity? How much should be paid as notice pay?
CG, Doha
A: According to Article 49, the employer or the employee may terminate an employment contract of indefinite duration without giving the reasons for the termination. The party intending to terminate the contract shall notify the other party one month in advance if the period of service is five years or less and two months if the period of service is more than five years.
If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof. Accordingly when the employee terminates the contract, the employee should notify the company or compensate otherwise as stipulated. Gratuity shall be calculated at the rate of three weeks minimum per completed year of service and prorate for the fractions. The last basic wage shall be the base for the calculation of the gratuity.
Sponsorship release
Q: Is there any new law in Qatar regarding sponsorship or release from a sponsor. I had been working with a company in Qatar for four years and later I changed my sponsorship to another firm where I am working now. Please let me know that if there is any provision to get release from this firm legally?
PU, Doha
A: Sponsorship release is not a legal right of the employee. Grant of release is at the discretion of the employer. However appropriate authority may transfer sponsorship temporarily if there is a legal dispute between the employer and the expatriate worker.
Note that the employer may terminate the services of an employee under Article 61 of the Labour Laws without warning and without paying end-of-service benefits if the employee violates more than once the commitments stated in the contract and in the law, despite being warned in writing earlier.
Moreover the services may also be terminated if the employee was absent without justified reasons for more than seven consecutive days or for periods totalling to 15 days in one year.
Tenant refuses to pay rent
Q: With rights for subletting given to me in the contract by the building owner, I have rented a villa in the Maidhar area to a family for a year. The contract is for five years. The tenant has issued postdated cheques to me. But the bank has returned the cheque, saying the account is closed. I contacted the family but they refuse to pay. I have then begged them to leave the villa but they refuse. What is the fastest way to vacate them? Can I force them out by disconnecting the villa’s electricity connection which is under my name?
HJ, Doha
A: The lessor can get the property vacated for non-payment of rent. As per laws regulating lease relationships, lessee is legally obliged to pay rentals in seven days. In the event of non-payment within the period, the lessor can file a rental case before the Rental Dispute Settlement Committee to claim for the rent and termination of the contract. However, the lessor has no right to cut the electricity connection for any reason.
*
LEGAL SYSTEM IN QATAR
Regarding delivery, Article 440 stipulates that if the contract does not specify a date for delivery of the thing sold, the vendor shall deliver it immediately upon execution of the contract and if it is mutually agreed that delivery shall take place on the date fixed by the purchaser, the vendor shall ensure delivery on such date subject always to the dates required for the nature of the thing sold or as required by custom and usage.
The thing sold shall be delivered at the place where it is available at the time of concluding the contract unless otherwise agreed upon. If the thing sold is a movable item the location of which is not specified, it shall be delivered at the vendor’s domicile.
According to Article 442, when the thing sold must be sent to a designated place, delivery will not be effective, subject to an agreement to the contrary, until the thing reaches him. The cost of delivery shall be incurred by the vendor unless the agreement or custom otherwise provides.
Delivery consists of placing the thing sold at the disposal of the purchaser in such a way that he can enjoy it without hindrance, even if he does not take effective delivery thereof, provided the vendor informs him that the thing is at his disposal. Delivery may be completed by the mere fact of agreement between the parties when the thing sold was in possession of the purchaser prior to the sale or if the vendor retains the thing sold in his possession after the sale by virtue of some reason other than that of ownership.
If the thing sold perishes before delivery as a result of a cause beyond the control of one of the contracting parties, the sale shall be dissolved and the price refunded to the purchaser, unless he was summoned to take delivery before the loss. If the thing sold is partially destroyed or deteriorated before delivery for a reason beyond the control of the contracting parties, the purchaser shall have the right to reduce the price to the extent of the reduction in the value of the thing sold.
If the destruction or damage is so great that the sale would not have taken place if the destruction or damage had happened before the contract was concluded, he will have the right to dissolve the sale.
Under Article 446, if the thing is destroyed or damaged by an act of the purchaser, he shall remain liable for payment of the full price thereof. If the destruction or damage is attributed to the vendor, the purchaser shall have the option either to dissolve the sale or to reduce the price to the extent in the diminution of the value without prejudice to his right to claim compensation if there are grounds therefore.
The vendor warrants the purchaser against disturbance in his enjoyment of the thing sold both totally and partially even if there is an agreement to the contrary. Also the vendor warrants the purchaser against disturbance in his enjoyment of the thing sold both totally and partially if such disturbance is caused by the act of any third party claiming a right to the thing sold at the time of the sale enforceable against the purchaser.
Further, the purchaser is bound by his warranty, even if the right of the third party has been established after the sale, provided that it was derived from the vendor himself or as a result of his act.