By Nizar Kochery /Doha
QUESTION: On what reasons a worker will be denied his gratuity payment? In our company no worker has so far received his gratuity. Always our company makes settlement on the date of worker’s departure along with his exit permit at the airport. Most of our colleagues leave without getting any benefit at all. How can we complain and is there a time bar?
KS, Doha
ANSWER: As per Articles 10 of the Labour Law, workers can file a labour case to claim dues from the employer within one year from the termination of service. Appoint an attorney by an authenticated power of attorney to lodge the case.
Employees will not be entitled to an end-of-service-gratuity where their employment terminates in before the employee accrues 12 months’ service. Also, if the employee was terminated for one of the 10 reasons stated in Article 61 of the Labour Law, the employee will not be eligible to receive gratuity benefit. The reasons stipulated under the said provision are:
1) if the employee is found impersonating other nationalities, has submitted false certification;
2) the employee has committed a mistake that has resulted in gross financial losses for the employer and provided that the employer has informed the Labour Department before the end of the next working day, from the time that the mistake had occurred;
3) the employee violates more than once, instructions related to the safety or other employees and the establishment, despite being issued a written warning earlier and provided that these instructions are written and displayed prominently inside the establishment at a place where it can be easily accessed;
4) the employee violates more than once the commitments stated in the contract and in the law, despite being warned in writing earlier;
5) the employee divulges vital secrets of the organisation;
6) the employee is found intoxicated with alcohol or under the influence of narcotics while on duty;
7) the employee physically assaults the employer or other officials and seniors while on duty or due to work related disputes the employee;
8) repeatedly assaults his colleagues while on duty and was served written warnings;
9) the employee was absent without justified reasons for more than seven consecutive days or 15 days in one year; and
10) the employee is found guilty in a court verdict in a crime related to his personal honour.
Obligations of lessor and lessee
Q: Who is responsible for the maintenance and repairs in a standard lease agreement? Has the lessor any legal right to stop moving of goods kept in the premises belongs to lessee or of another?
JK, Doha
A: The lessee must notify the lessor of all matters that require his intervention, such as urgent repairs, the discovery of defects, encroachments and disturbances or damage by third parties to the leased property. However, in accordance with custom, the lessee shall be bound to carry out the minor repairs required by the normal use of the leased property.
According to Article 609, the lessor has, as warranty for all amounts due to him under the lease agreement, a lien on all the attachable movables kept in the leased property, while they are subject to the lessor’s right of privilege, even when they do not belong to the lessee.
The lessor has the right to object to their removal and, if they are removed notwithstanding his objections or without his knowledge, to claim their recovery from their possessor even in good faith, subject always to the rights of such possessor thereon.
The lessor shall not exercise his rights of retention or of recovery when the movables have been removed to meet the professional requirements of the lessee or in accordance with customary requirements of daily life, or if the movables remaining on the leased property or already recovered are sufficient fully to cover the rent.
Objects gained from a crime
Q: If a person accepts an object from an offender knowingly or unknowingly, taking it for personal use and realising later about the source and doesn’t report to authorities, will it amount to an offence?
HU, Doha
A: Article 367 of the Qatar Penal Law stipulates that any person, who knowingly conceals objects gained from a crime without having participated in committing it, shall be liable for the crime from which he knows that the objects were acquired. If the offender is not aware that the objects have been gained from a crime but have been gained through a circumstance that leads one to believe the illegality of the source thereof, the penalty shall be imprisonment for a term not exceeding six months and a fine not exceeding QR3,000, or either penalty.
However if the offender referred informs the judicial or administrative authorities of the names of the perpetrators of the crime from which the objects have been gained before the start of the preliminary investigation, this shall be regarded as an extenuating circumstance. The offender may be exempted from the punishment if the judge deems it relevant.
These provisions shall also be applicable to an offender who enables the authorities after starting to investigate the crime from which the objects were gained, to arrest the perpetrators thereof.
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LEGAL SYSTEM IN QATAR
The seller shall not be entitled to claim a compensation for delay in payment of the price unless he gives notice to the purchaser or delivers the thing sold that is likely to produce other benefits or generate other earnings unless there is an agreement or custom that provides otherwise.
When the whole or part of the price is payable immediately, the seller, unless he grants the purchaser a delay for payment after the date of the sale, may retain the thing sold until he obtains payment of the amount due, even if the purchaser has offered a mortgage or security.
If the thing sold perishes while in possession of the seller while exercising his right of retention, the purchaser is liable for the loss unless the thing sold perishes as a result of an act of the seller.
In the case of a sale of movables, when a term is agreed for payment of the price and for taking delivery, the seller shall be entitled to consider the sale terminated without the need for notice if the purchaser fails to pay the amount payable of the price on due date unless there is agreement to the contrary or if the balance remaining of the price is modest.
When the whole or part of the price is payable immediately, the seller, unless he grants the purchaser a delay for payment after the date of the sale, may retain the thing sold until he obtains payment of the amount due, even if the purchaser has offered a mortgage or security.
If the thing sold perishes while in possession of the seller while exercising his right of retention, the purchaser is liable for the loss unless the thing sold perishes as a result of an act of the seller.
In the case of a sale of movables, when a term is agreed for payment of the price and for taking delivery, the seller shall be entitled to consider the sale terminated without the need for notice if the purchaser fails to pay the amount payable of the price on due date unless there is agreement to the contrary or if the balance remaining of the price is modest.
In the absence of agreement or usage indicating the place and time of delivery, the purchaser is bound to take delivery of the thing sold at the place where it was at the time of the sale and to remove it without delay, subject to the time necessary for such removal.
The costs of the sale contract, registration fees, costs of payment of the price, costs of delivering the thing sold and such other expenses shall be borne by the purchaser unless otherwise agreed or by usage.