QUESTION: Who are labour inspectors and what are their powers? In case of a complaint against my employer, can I get the Labour Department’s assistance? When I went to the department once, I was told to approach courts. How can I go directly to court? Is there a time limit for this? How much will be the court fee to file a salary and injury claim?
KM, Doha
ANSWER: The Labour Department has established a work inspection agency under Article 135 with inspectors having wide reaching powers to monitor compliance with the Labour Law. Article 138 sets out the powers of the inspectors. Accordingly, inspectors will have powers to enter workplaces, obtain evidence, question employers/ees etc.
Inspectors can give advice to employers on how to end violations; issue warning letters to employers to stop violations and inform the Labour Department on breaches of the Labour Law.
The aggrieved employee may seek assistance from the Labour Department in the first instance. The Labour Department will try to resolve the differences amicably and if not successful, the matter will be referred to court by the department.
Alternatively, the employee may file case directly in the court and Article 10 of the Labour Laws stipulates that all lawsuits filed by the workers or their heirs claiming the entitlements shall be dealt with urgency and shall be exempted from judicial fees.
However subject to the provisions of Article 113 of this law, the right to file a lawsuit for a claim of the entitlements accruing under the provisions shall lapse by the expiry of one year from the date of expiry of the contract.
Subletting needs landlord’s permission
Q: I have rented an apartment from a subtenant for a period of six months, apparently without the knowledge of the landlord but before the term’s expiry, I agreed with the landlord’s agent to renew the tenancy period, this time with the landlord directly and paid one month’s rent in advance. The new rent contract was made but later knowing about the old contract and the rentals, the landlord reversed his promise. I continue in the apartment. The agent doesn’t receive rent. The landlord says the old lease is illegal because the old lessor had no right to sublease. I don’t know to whom I must pay rent. Electricity is in the name of the landlord. Am I under legal obligation to register the contract at municipality?
HB, Doha
A: As per lease laws, it is not permissible for a tenant to sublet or assign the lease to another except with the written permission from the landlord. The legal obligation of registration formalities with municipality is left with the landlord. Landlord shall take the necessary action towards registration by paying the necessary fees.
As far as payment of rent is concerned, the tenant must pay the rent within seven days from the date of its maturity. If the landlord declined to receive the rent and gave the quittance then the tenant will have to deposit the rent at Rental dispute settlement committee. The tenant will notify the landlord about the same and this deposit will be considered as the payment of rent at the scheduled time.
Company deducting visa fee from salary
Q: Can a company deduct visa fee from the employee’s salary? Our company is deducting every month QR500 against recruitment expenses.
UU, Doha
A: The company employing its workers does not have the right to deduct any amount to cover visa/employment expenses, as all such expenses should be borne by the employer. Therefore, amicably demand that the company cease such deduction and refund all amounts deducted.
In case the amicable way does not work, the worker can file a complaint with the Labour Department against his company, submitting all his documents. The department will then intervene in the matter for settlement and if not settled the dispute may be referred to the competent court. According to Article 70 of the Labour Law, any part of the wage to which the worker is entitled may not be attached and the payment thereof may not be withheld except for the execution of a judicial decision.
Employee must work during notice period
Q: I am with a construction company for the past eight years and after some differences with its management, I have submitted my resignation with a one-month notice. Do I need to attend work during notice period?
DR, Doha
A: In accordance with the Labour Law No 14 of 2004 if the employee, who is under a contract for unlimited period, wished to submit his resignation from work, shall give notice to the employer and work within such period if so required by the employer. The Labour Law obliges the employee to work within notice period and the latter is not entitled to refrain from working within such period. However he may immediately leave work if the employer allowed him to do so. The contract shall remain in force until the end of the notice period. As per the law, notice period is two months in case service exceeds five years.
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LEGAL SYSTEM IN QATAR
A person acquiring title to the leased property, who is not bound by the lease, can only evict the lessee by giving him notice as per law. In the absence of an agreement to the contrary, the lessor shall, if notice of eviction is given before the end of the lease, compensate the lessee.
The lessee cannot be evicted before he receives compensation either from the lessor or from the new owner paying on behalf of the lessor, or until he has obtained an adequate security for the payment of such compensation.
If the lease becomes effective towards a person acquiring title to the property, the latter shall replace the lessor in respect of all rights and obligations created by the lease agreement.
However, the lessee may not set up rent paid in advance against a new owner, if the new owner proves at the time of payment that the lessee knew or should necessarily have known of the transfer of ownership. Failing proof thereof, the new owner has only a recourse against the lessor.
When a lease is made for a fixed period, either of the contracting parties may, if serious and unforeseen circumstances arise of such nature as to render, from the commencement of or during the lease, the performance too burdensome, demand the termination of the lease before its expiry, provided he pays equitable compensation to the other party.
If it is the lessor who demands termination of the lease, the lessee will not be compelled to hand back the leased property before he has been compensated or obtained adequate guarantee.
According to Article 633, a lease agreement is not terminated either by the death of the lessor or of the lessee. In the event of the death of the lessee, however, his heirs may claim the termination of the lease if they establish that, as a result of the death of the person whose estate they inherited, the burden of the lease has become too heavy for their resources or that the lease exceeds their needs.
In such event, the periods of notice of evacuation laid down in Article 588 shall be observed and the claim for termination of the lease made within one year at the most from the date of the lessee’s death.
When the lease has been granted to the lessee solely on account of his occupation or of other considerations relating to his person, his heirs or the lessee may, on his death, claim termination of the lease.