By Nizar Kochery/Doha
Question: What are the rights of an employer with regard to termination of employment during the probation period? What’s the maximum probation period permitted under the law? Will this period be excluded from the period of service? Is probation by default or by agreement? Can the employer enforce another probation by transferring the employee to a different department of the same company like from electrical trading to construction materials trading?
HT, Doha
Answer: During the probation period the employer may terminate the employment contract by giving three days’ notice. Under Article 39 of the law, the probation period can be for a maximum period of six months. It is not permissible for the same employer to employ any person on probation more than once.
The probation period, once completed, will be considered as employment with the employer. It will be taken into account in calculating gratuity and other terminal benefits. All wages and benefits occurring during the probation period must be paid along with the repatriation costs. The parties to the contract may agree to commence the employment without probation. Probation is not compulsory. Further it is left to the discretion of the parties to agree upon the actual term of the probationary period subject to a maximum of six months.
Laws on contract
Q: One of our sub-contractors terminated the contract by issuing a letter referring Article 187 and 188 of laws on contract. What are these clauses and what are its implications?
FG, Doha
A: According to Article 187 and 188 of the Qatar Civil Code contracts may be terminated if fulfillment of the obligation becomes impossible due to some external cause. Under Article 187, when an obligation of one of the parties arising out of a bilateral contract becomes impossible to perform by a reason beyond his control, such an obligation is extinguished and correlative obligations of the other party are also extinguished and the contract is rescinded “ipso facto”.
If the impossibility is in respect of a part of the obligation, the creditor, as the case may be, shall invoke the enforceable remaining part of the contract or demand rescission of the contract.
According to Article 188, when an obligation arising out of a unilateral contract becomes impossible to perform by a reason beyond the control of the debtor, such a contract is rescinded “ipso facto”. If the impossibility is in respect of a part of the contract, the creditor shall invoke the enforceable remaining part of the obligation. When a contract is rescinded, the parties are reinstated in their former position.
Expiry of rent contract
Q: We are under a lease contract for one year and on completion of the term we continued without any renewal of the contract. Now we completed almost four months after the expiry of the contract. I lost my employment and have already moved all our belongings and went to return the key. The landlord refused to accept the key and demanded rent for the whole year. Please advise.
JGF, Doha
A: In general a lease ends upon the expiry of the agreed term without it being necessary to give notice of evacuation unless there is an agreement to extend the lease for a further fixed or unspecified term in case no notice is given for evacuation on a certain date. On continuing the terms the lease gets automatically renewed for a similar term. Accordingly the lease is valid for another year.
However according to Article 632 of the Civil Laws, either of the contracting parties may, if serious and unforeseen circumstances arise out 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 gives notice in accordance with the time limits and pays equitable compensation to the other party. Go for an amicable settlement.
Overtime calculation
Q: How does the Qatar Labour Law define day wage? For overtime calculation how do companies derive hourly salary? How is the overtime rate calculated? How are rest days calculated? Our company’s day salary is totally divided by 31 including February and the rest on completion of every seven days. Is this correct?
RO, Doha
A: According to Article 8 of the Labour Laws, a calendar means Gregorian calendar, year means 365 days and a calendar month means 30 days. Accordingly one day’s salary is 1/30th of a month’s salary. The worker is entitled to overtime payment for the additional working hours @125%. For off days and holidays the rate is 150% and the rates for work between 9pm and 6am shall not be less than 150% with the exception of shift workers.
Regarding the weekly rest, Article 75 provides for weekly rest for workers. With the exception of shift workers a worker shall not be required to work more than two consecutive Fridays. According to the provision, the worker shall be allowed a weekly paid rest which shall not be less than 24 consecutive hours and Friday shall be the weekly rest day for all workers with the exception of shift workers.
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LEGAL SYSTEM IN QATAR
The lender shall not warrant against dispossession of the thing loaned unless there has been an agreement for such warranty or the lender has deliberately concealed the cause of dispossession. Similarly, the lender does not warrant against hidden defects. If, however, he has deliberately concealed such defects, or has warranted that the thing is free from defects, he is bound to compensate the borrower for any loss he has suffered as a result thereof.
Article 674 defines obligations of the borrower. If the thing lent is restricted in its use by a time, place or type of use, the borrower may only use the thing lent at the designated time and place nor shall he act contrary to the permitted use so as to cause damage thereto. However, if the thing lent is not subject to any restriction, the borrower may use the thing lent at any time and place and for any type of use he wishes, provided that the use shall be according to the nature of the thing or in accordance with custom.
In both cases, the borrower is not responsible for changes to, damage or deterioration of the thing lent resulting from its use in accordance with the lending contract.
Article 675 stipulates that the borrower may not lease the thing lent nor shall he lend it to another person except with the permission of the lender. The borrower shall incur the costs of the normal use and maintenance of the thing lent as well as the costs of its delivery and return. However the borrower may remove any additions that he has made to the thing lent, provided that he reinstates the thing in its original condition.
The borrower is bound to take such care for the preservation of the thing as he would take for the preservation of his own property; provided that the care he takes is not less than that which a reasonable person would take. The borrower is, in any event, responsible for the loss of the thing lent arising from a fortuitous event or force majeure if it was possible for him to avoid such loss by using his own property, or if he could only preserve his own property or the thing lent and he preferred to preserve his own property.
According to Article 678, the borrower must, at the end of the loan, restitute the thing received in its state at that time, without prejudice to his responsibility for loss or deterioration. In the absence of an agreement to the contrary, the borrower must restitute the thing at the place that he received it.
The loan for use comes to an end upon the expiration of the term agreed and, in default of such a term being fixed, when the thing has served the purpose for which it was lent. If there is no way by which the term of the loan for use can be fixed, the lender may demand its termination at any time. The borrower may, in all cases, restitute the thing lent before the end of the loan. If, however, such restitution is detrimental to the lender, he cannot be compelled to accept the thing.