Overtime pay required for working on Eid days

By Nizar Kochery/Doha

QUESTION: Our company did not give us holidays during Eid al-Adha and made us work. Now the management says we can take compensatory off days only and no overtime payment will be given. Some of us prefer overtime payment to compensatory off-days. Can a company, under Qatar’s labour laws, dictate that only compensatory off days will be given and no overtime payment?

AB, Doha

ANSWER: According to Article 78, worker shall be entitled to annually three working days’ leave with full wage for Eid al-Adha. If the circumstances of the work require the employment of the worker during any such leave days the provisions of Article 75 on overtime shall be applied. Article 75 stipulates that the worker shall be compensated for the rest day by another day and shall be paid for working that day the wage payable to him for the ordinary weekly rest day or his basic wage plus an increase of not less than 150%.

Accordingly, a worker will be entitled for overtime at the rate of 150% or alternatively one additional pay and one day off.

As commonly practiced, overtime to be paid at the rate of150% unless otherwise the “alternate day-off” communicated prior requiring work on the holiday.

Bounced cheque

Q: I have received a cheque from a debtor who owes money to me but the cheque got bounced. The cheque has been deposited at the Capital Police. Now I understand that the court has awarded three months’ imprisonment to the man who issued it but there has been no direction to pay money to me.

AF, Doha

A: The case you have registered through police was for cheating against dishonour of cheque. Since there was no claim for money raised by you in the criminal court the verdict might have issued just for the offence of cheating. You may file a civil case before the civil court, claiming the cheque value, especially after it was clear that the cheque owner had not paid the cheque value before the criminal court. Upon the issuance of judgment, initiate execution proceedings to enforce the judgment.

Claim for compensation

Q: By a resolution issued from the Rental Dispute Committee, the lease agreement for one of our showrooms was terminated. The building owner had presented an order for demolition and reconstruction issued by the municipal and other authorities before the committee. While occupying the building, we have executed the deed for five years and later continued  without any renewal. The investment for renovation spent by us was huge. Somehow we lost the case. Now the owner has given this  building for rent to another person who is actually our competitor in business. Can we take any action now?

TRC, Doha

A: According to Article 19 of the Rental laws, the lessor should proceed with the licensed works within six months of the date on which the leased premises were vacated. In the event if the lessor does not undertake the licensed works, or lets the premises to another lessee before undertaking such works, the lessee may submit a claim for compensation.

In general, the term of a lease may be renewed upon the mutual consent of both parties.  However, if the tenant remain in occupation upon expiry of a lease with the knowledge and consent of his landlord, then the lease shall be deemed to have been renewed for a similar term on the same terms and conditions.

Approval from Labour Department

Q: I am in Qatar under family status visa. Do I have to seek any official  permission for getting employed? Some employers ask for transfer of sponsorship to them. Please advice.

AX, Doha

A: Under Article 23 of the Labour Laws, non-Qatari workers may not be employed otherwise than after approval of the Labour Department and their obtaining permits to work in accordance with the rules and procedures to be specified by the Ministry. Accordingly, permission from Labour Department is required. A no-objection from your husband is also required.

If the employer is willing to provide female visa, sponsorship change is also possible subject to approval from the Immigration Department. On transfer of sponsorship, you require an exit permit from your sponsor to leave the country. There is no differentiation under Labour Law on benefits when you are directly under the sponsorship of the company or under husband’s sponsorship.

Legal reserve for companies

Q: Our company is a small contracting and trading company engaged mainly in trading activities. The auditor, while finalising the audit, is allocating 20% as reserve. Is this mandatory? How long we need to continue this deduction? Could we stop this?

DRF, Doha

A: According to Article 260, the company shall annually deduct 10% of its net profits to form a legal reserve. The partners may discontinue this deduction where the reserve amounts to one half of the share capital. By adopting a resolution in the General Assembly, partners may decide to utilise the legal reserve to cover the company losses or increase the capital.

♦ Please send your questions by  e-mail to: leges@qatar.net.qa

LEGAL SYSTEM IN QATAR

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 properly or already recovered are sufficient fully to cover the rent.

The lessee shall use the leased property in the manner agreed between the parties. In the absence of any agreement, he shall use the property in accordance with the purpose for which it is designed subject to compliance with the prevailing practice.

The lessee may not, without the permission of the lessor, make any alteration to the leased property unless no damage is thereby occasioned to the lessor.

The lessee may install in the leased property, unless the lessor can prove that the installations endanger the safety of the building or diminish the value thereof, (air-conditioning, water, electrical lighting, gas, telephone, television, radio and other like installations), provided that the manner in which such installations are made is not contrary to general practice.

If the intervention of the lessor is necessary for the completion of any of these installations, the lessee may call upon the lessor to intervene, on condition that he undertakes to pay the expenses incurred by the lessor in this connection.

The lessee shall exercise due care in the use and preservation of the leased property with the care exercised by a reasonable person. The lessee shall be responsible for any deterioration of or loss to the leased property during his enjoyment thereof which are not the result of normal use.

The lessee shall forthwith 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.

The lessee shall forthwith 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.

According to Article 615, the lessee shall be bound to carry out the minor repairs required by the normal use of the leased property. Upon the expiration of the lease, lessee shall restitute the leased property. If he retains it unlawfully, he must pay compensation to the lessor on the basis of the rental value of the property and of the damage suffered by the lessor.