By Nizar Kochery /Doha
QUESTION: I have been working with a private company in Qatar for almost three years. My contract is unlimited. I have now submitted my resignation, giving a two-month notice to give the company sufficient time to look for my replacement. My employer has rejected my resignation letter, however. Has my employer the legal right to reject my resignation letter? What should I do now since I have already decided to leave Qatar for good? Where can I seek help?
ED, Doha Qatar
ANSWER: Acceptance of the resignation by the employer is not required. The basic requirement is that a termination requires communication to the employer of the fact that the contract is terminated and no longer valid.
When terminating a contract of employment it is a requirement of the party giving notice to give the other party the appropriate period of notice as required under Labour Law.
As per Article 49 of the Labour Law the employment of an employee, if he is employed for an indefinite term, may be terminated by either the employer or the employee giving written notice to the other. No reason for such termination will need to be given by the party serving notice.
Notice must be at least one month for employees who have been employed by the same employer for five years and two months for employees who have been employed for more than five years.
Article 57 stipulates that upon termination the employer shall repatriate the employee within a period not exceeding two weeks from the expiry date of the contract. Seek the Labour Department’s assistance.
Trade Law stipulation
Q: We are in a project procurement deal and the supplier is adding a clause to the contract that trade laws shall apply to the contract, more specifically Article 111 and 112. What are these clauses and the limitations in a purchase contract wherein we want to procure sensitive materials.
LK, Doha
A: Article 111 of the Trade Law stipulates that unless there is an agreement or custom to the contrary if the delivered or sold item didn’t match with the specifications agreed upon, such as quantity or class, then the buyer may ask for the annulment. If the difference reaches the extent which makes the sold item unsuitable for the purpose it was designed or in other case it is sufficient to reduce or increase its price depending on the increase or decrease in the quantity or the degree of class.
Under Article 112, the buyer shall notify the seller about the existence of the shortage or defect or lack of conformity within 15 days from the date of real delivery to him. However parties may agree to lengthen or shorten this period or exempt the buyer from taking that period into account. If the buyer didn’t notify the same within the period specified, then his claim will be heard only if the defect or shortage or lack of sold item’s conformity item with the specifications is not possible to be detected by the usual methods.
‘Expert’ dragging his feet on court report
Q: I have filed a labour case and the court has appointed an expert to report to the court. Unfortunately the expert, even after seven months, has not submitted the report. Is there any law for this? Can the expert take his own time without any regulations? Though I am attending the case, the expert never appears. Is it possible the expert attend the court and orally give statement?
AG, Doha
A: Article 351 of the Procedural Law is relevant. According to the provision, if the expert has not deposited his report to the court within the term specified, he shall be bound to deposit a submission stating whatever functions he has carried out, and reasons which forestall the completion of his mission. If justifiable, court will grant the expert more time to complete the report otherwise court shall adjudge him with a fine not exceeding QR2,000 and grant time or replace him.
Under Article 354, the court may appoint an expert to orally present his opinion at the court session without presentation of a report.
Time limit for making claims
Q: While working with a company in Qatar seven years ago I was injured in an accident on the site. For further treatment I left Qatar and due to personal reasons, I did not come back. My company has not paid my salary dues, gratuity and compensation for the injury. Can I claim this now?
AK, Doha
A: The right to file a lawsuit for a claim of the labour entitlements shall lapse by the expiry of one year from the date of expiry of the employment contract. With regard to compensation claim against accident injury, the right of the worker to claim compensation for the disability or death shall extinguish by the lapse of one year from the date of the medical report containing the occurrence of the disability resulting from the injury or from the date of the death of the worker (Article 113).
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LEGAL SYSTEM IN QATAR
Judicial custody is a contract whereby the parties entrust to a third party trustee a property which is the subject of litigation and where it is feared to be threatened by the person holding it and where such third party undertakes to safeguard, manage and return to the person whose right thereto be established. Such custody may be agreed upon and the court may order it.
According to Article 756, the appointment of a receiver must be made with the unanimous consent of all the interested parties. Failing such consent, the receiver will be appointed by the Judge.
Judicial custody shall be subject to the provisions of deposit and mandate to the extent where they do not conflict with the provisions of the civil law unless the agreement or Judge’s verdict determines the receiver’s rights and obligations in a different manner.
Under Article 758, a receiver is bound to ensure the preservation and administration of the property entrusted to him with the diligence of a normal person. A receiver may not appoint one of the interested parties in his place to carry out all or part of his duties, without the consent of the other parties.
Apart from administrative duties, a receiver must not act without the consent of all interested parties or authority of the court.
Article 760 stipulates that the receiver must keep regular books of accounts and bound to render to the interested parties, at least once in every year, an account of the receipts and expenditure with supporting documents.
If the receiver is appointed by the court, he must also deposit a copy of his account at the said court.
A receiver may be remunerated unless he has renounced all remuneration. He may be reimbursed for the expenses incurred towards the preservation and management of the property entrusted to him.
Custody shall come to an end either by agreement of all the interested parties or by a decision of the court. It shall also end upon the expiry of its term if it is for a definite term. The receiver must then forthwith restitute the property entrusted to him to the person chosen by the interested parties or designated by the Judge.
Article 771 defines insurance contract as a contract whereby the insured undertakes to pay to the insured or the beneficiary a sum of money or a salary or any other financial consideration in case of the occurrence of an accident or realisation of the risk indicated in the contract. Such contract shall be made against payment of a cash consideration by the insured to the insurer. The consideration for insurance may be in the form of premiums or by a single payment.