Employer should bear repatriation cost

By Nizar Kochery /Doha

QUESTION: I have been working with my company for the last five years but I am not satisfied with my present job. I have already submitted my resignation. The company has informed that they will not bear the airfare charges to my home country since I have transferred to them locally. What’s the law on this?

KT, Doha

ANSWER: Article 57 of  Qatar’s Labour Law is relevant. The provision stipulates that upon termination of the employment contract, the employer shall at its cost return the employee to the place from where he has recruited him at the commencement of the engagement or to any place agreed upon between the parties.

Accordingly unless otherwise specifically agreed employer should bear the repatriation cost to the original place of recruitment.

On transfer of sponsorship the duty of repatriation shifts to the new employer. The employer shall complete the repatriation proceedings within a period not exceeding two weeks from the expiry date of the contract.

The Law further stipulates that if the employer fails to repatriate the worker, the Labour Department shall return the worker at the cost of the employer and recover the said costs through administrative means.

No-objection certificate

Q: If a person decides to quit his job after receiving a better offer from another company, is it legal for the current employer to reject the resignation? If the resignation has been accepted, is it legal not to provide no-objection certificate (NOC) for sponsorship change to the employee?

AA, Doha

A: As per provisions of entry/exit laws, grant of NOC/release is at the discretion of the employer. Employer is duty bound to repatriate the employee on termination of employment contract. Regarding termination of employment contract, any of the parties may terminate the contract by notifying the other as stipulated under Article 49 of Qatar’s Labour Laws. Statement of any reasons for termination is neither required nor relevant. Acceptance by the employer is also not required.

The stay of execution

Q: I am facing a criminal case in the trial court. The lawyer appearing for me says he will ask the court for suspension of the punishment, if any. Is this possible and if so what’s the law in this regard?

AS, Doha

A: According to Article 79 of the Qatar Penal Laws, upon passing a sentence of a fine or imprisonment for a period of no more than one year, a judge may order a stay of execution if it is established from the conduct of the accused, past circumstances of his crime or age that there is reason to believe that he will not commit another offence.

The judgement shall show the reason for the stay of execution. A judge shall make a stay of execution inclusive of any secondary punishment, except confiscation. Stay of execution shall be for a period of three years from the date on which the judgement becomes final.

A judgement may be passed for revoking a stay of execution if the convicted person commits during the period of probation a deliberate offence, he shall be sentenced to a penalty involving deprivation of liberty for more than three months, whether the conviction judgement has been passed during this period or thereafter, provided that the action has been brought during such period.

Also if it appears during the period of probation that the issue of a court order of imprisonment for more than three months but has not been brought to the attention of the court.

Termination of contract at will

Q: We are a construction company in Qatar, recently established. In a contract we have made, there was a provision that the owner of the project has the right to terminate the contract at will. Now the employer has terminated the contract and we have incurred huge loss. What’s the law in this regard?

WW, Doha

A: Article 707 of the Qatar Civil Laws discuss about termination of contract at will. Accordingly, an employer may withdraw from a contract and terminate the performance of work at any time prior to its completion provided he compensates the contractor for the expenses he has incurred, the works he has completed and what he would have been able to earn if he had completed the work.

However, the court may reduce the compensation due to the contractor for loss of profit if the circumstances justify such reduction. Initiate case against the owner for compensation.

Gratuity calculation

Q: My employer had promised me to give compensation as per Qatar’s labour law but they have calculated my gratuity for only seven days per year. I have completed two years with the company and my salary is QR2,000. I  want to leave Qatar now. I haven’t taken any annual leave.

AS, Doha

A: The gratuity is calculated at the rate of three weeks’ salary for each year of service. Workers shall also be entitled for leave salary at the rate of three weeks per year and a return ticket.

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LEGAL SYSTEM IN QATAR

When a decision must be taken by the majority, it will, in the absence of an agreement to the contrary, be decided by the numerical majority. According to Article 527, partners who are not managing partners are excluded from the management. They are entitled; however, personally to examine the books and documents of the partnership. Any agreement to the contrary is void.

In the absence of any special provisions as to the form, each partner is to have been authorised by the other partners to manage the partnership and may carry out the management without consulting the other partners, subject to the right of such other partners or of anyone of them to object to any act of management before it has been finally completed and to the right of the majority of the partners to override such objection.

Article 529 stipulates that each partner shall abstain from any activity prejudicial to the interests of the company or contrary to the object for which the company was formed.  He shall look after the interests of the company as if they were his own, unless he has been appointed a manager on remuneration, in which case he shall not exercise less care than would a prudent man.

Under Article 530, a partner who takes or retains a sum of money belonging to the company shall be liable for refunding it and will also be liable for the payment of damages if necessary.

In the case of a partner who advances money to tile company from his private funds or incurs in good faith useful expenses for the benefit of the company, is entitled to be reimbursed by the company to tile extent of the benefit gained by the company from such amount.

If the assets of the company do not cover its debts, the partners shall, in the absence of an agreement providing for another division, be liable for these debts from their own property, each in proportion to his share in the losses of the partnership.

Any agreement relieving a partner from liability in respect of the partnership’s debts is void. The creditors of the partnership have in all cases a claim against each of the partners to the extent of his share in the profits of the company.

Unless otherwise agreed the partners are not jointly and severally liable as regards their respective shares in the debts of the company.

If, however, one of the partners becomes insolvent, his share in the debts of the partnership is apportioned amongst all the others in proportion to their respective shares in the losses.