QUESTION: I have been working with a private organisation in Qatar since July 6, 2013 under an indefinite contract. I now plan to resign from the company.
1) How many days’ notice should I give?
2) Will the company pay for my flight home?
3) Will I get an experience certificate from the company?
SR, Doha
ANSWER: Being indefinite term contract, the contract is terminable by one month notice or pay in lieu. On expiry of the contract the employer will be under legal obligation to repatriate the employee at employer’s cost as provided under Article 57 of the Labour Laws.
The employer shall complete the proceedings of returning the worker within a period not exceeding two weeks from the expiry date of the contract.
Regarding employment certificate, Article 53 stipulates that the employer shall, upon expiry of the service contract, issue the worker upon his request, free of charge, a service certificate describing details of employment including the date of entry in service, the date of expiry of employment, job description and wage details etc. Seek the Labour Department’s assistance.
Dismissal during vacation
Q: I have been working with an institution in Doha. I went home a few months ago, availing of my annual vacation. Later I received a letter of termination, informing me that my sponsorship will be cancelled. Is the employer entitled to terminate while the worker is on vacation? Please advice.
PP, Doha
A: Termination while the employee is on vacation is not in compliance. According to Article 85, the employer may not terminate the service contract or notify the worker of the termination thereof during any of his periods of leave. Also, the employer may not notify the worker of the termination of the contract if the notice period expires during any of such periods of leave.
Maternity benefits
Q: I am working with a private limited company in Doha. I am pregnant and due soon. Having completed two years in service, I plan to apply for maternity leave. Is there a provision in the law for child care after delivery? Is there any threat of termination when I ask for such benefits? Under a similar situation, a former staff was forced to resign and left before delivery.
MS, Doha
A: According to Article 97 of the Labour Laws, in addition to the normal rest time the nursing female worker shall be entitled to a nursing interval of not be less than one hour per day for one year. The fixing of the nursing times shall be made by the female worker. The nursing interval shall be calculated as part of the working hours and shall not result in a deduction of wage.
Regarding termination, Article 98 stipulates that the employer may not terminate the service contract of a female worker due to her marriage or availing maternity leave as provided in the law. Also, the employer may not notify of the termination of her service contract during this leave and may not send her a notification which expires during the said leave.
Court case against Qatar resident
Q: A friend of mine who was in Qatar was detained by police in his native place under suspicion of having involved in criminal activity there. There is a case of criminal nature pending against him in a wrong complaint filed by his business rivals. He is having some business interests here. Indications are that that he will be freed soon or will just be asked to pay a small fine by the court. After the case, if he comes to Doha, can anybody file a complaint against him in Qatar for the same crime outside?
AC, Doha
A: If it is proved that the foreign court has issued a final acquittal or punishment and he met the penalty imposed or it was cancelled or the case was terminated he will not be subject to penal action in Qatar.
However, a penal case can be filed in the courts of Qatar if the acquittal issued in a crime against the internal or external national security or the crimes of falsification and imitation of any paper currency or coins in Qatar, possessing or promoting these false or imitated currencies based on the fact that the law of the state where the crime is committed does not impose a penalty for it.
Traffic violations
Q: I am new to Qatar and have some traffic violations. I understand that a number of violations exceeding certain limit will attract suspension of licence. Please advice.
FT, Doha
A: According to the Traffic Law, Decree No 19 of 2007, a driving licence may be suspended for three months when the total violations reached 14 points for the first time. Suspension for six months will attract for the next 12 points, nine months on the accumulation of the next 10 points and one year for the next eight points. Licence may be cancelled when charged with six points for the fifth time. And in such case, a new driving licence shall be issued only after a new driving test. However, the earlier points in one’s account would be removed if that person did not commit any traffic violation during one year from the time his licence was revoked.
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LEGAL SYSTEM IN QATAR
In the absence of a custom or an agreement to the contrary, the price is payable upon the contractor’s delivery of the works. If the works have been delivered, the contractor’s liability shall rise above the apparent defects in such works or violation of the terms of the contract. If the defects or violations are latent and are discovered by the employer after taking delivery, he shall give notice thereof to the contractor; otherwise he shall be deemed to have accepted the works.
When the works consist of several parts or if the consideration is fixed on a unit price basis, the contractor may be paid for the amount of work actually completed after the inspection and acceptance thereof, provided that the completed part shall be a substantial part or adequately significant part of the entire works unless otherwise agreed upon.
Upon payment of the consideration it shall be presumed that the completed part has been inspected and accepted unless he proves that the payment is made on account of or if the custom otherwise provides.
According to Article 699, when the price has not been fixed in advance, it must be calculated according to the value of the work and the expenses of the contractor.
However, as a result of exceptional and unpredictable events of a general character, the performance of the contractual obligation, without becoming impossible, becomes excessively onerous in such a way as to threaten the debtor with exorbitant loss, the judge may, according to the circumstances, and after taking into consideration the interests of both parties, reduce to reasonable limits by lessening its extent or increasing its consideration, the obligation that has become excessive.
Any agreement to the contrary is void. Without prejudice to the above, an increase or reduction of the costs of the works shall not have any effect on the obligations arising from the contract.
On sub-contracts, neither party to the contract shall assign the contract without the approval of the other party unless there is a condition in the contract that provides otherwise. If an assignment takes place, the assignee shall replace the assignor in respect of his rights and obligations. An assignment shall not be effective towards third parties unless it is notified to the other contracting party or if his approval of the assignment is of a certain date.