By Nizar Kochery/Doha
QUESTION: It is understood that my company has submitted my passport to CID for absconding. It is true that I have not been attending work for two months because of non-payment of salary. But I still reside in the company-provided accommodation along with other staff. How could the company terminate me when they don’t pay any salary?
AS, Doha
ANSWER: Article 61 gives right to the employer to terminate the employee for continuous absence of more than seven days or 15 days intermittent in a year. For non-payment of salary, the employee may invoke his rights under Article 51. Under the article, the employee has his right to terminate the contract if the employer commits a breach of his obligations and non- payment of salary is a clear breach.
Non-payment of salary or breach of employment contract by the employer and boycotting work by the employee are different issues. Since the matter is referred to CID by the employer, to defend the absconding case, organise all evidences to prove that you were not absconding but remaining at the accommodation due to non-payment of salaries.
Objections by taxpayers
Q: While finalising our accounts, the auditor has commented that the tax department mayt reject the submission. What are the grievance procedures available for assessee?
LD, Doha
A: According to Article 28 of the tax Laws, the taxpayer may object the tax assessment decision within 30 days from the date of its notification by a registered letter to the department. The objection shall be submitted to the department and the submission of the objection shall result in the suspension of the execution of the assessment decision.
In 60 days department shall settle the objection and elapse of the said period with no response from the department shall be treated as an implicit refusal of the same. If taxpayer does not accept the department’s decision on the objection, an appeal may be submitted within thirty days from the date of notification of the department’s decision on the objection or from the elapse of the period provided for to settle the objection with no response made, as the case may be before the tax appeal committee as provided under Article 31 of the Tax Laws.
Common instrument
Q: I have given a personal loan and a document signed by the borrower is with me. Is it legally required that the document to be attested and authenticated by any department? How will the Qatari court treat unauthenticated documents? The documents are genuine.
PTU, Doha
A: According to Article 222 of the procedural laws, signed letters shall have the value of common instrument as regards demonstration; telegrams, telex and fax communications shall have such value as well, should the original copy filed at the place of dispatch be signed by the sender. These telegrams and correspondence shall be deemed true copies unless evidenced to the contrary.
Should the original be destroyed, it shall be insignificant except for familiarisation only. Common instrument shall be deemed issued by whoever signed it, unless he explicitly denied what is attributed to him of handwriting, signature, seal or thumbprint.
Exit permit woes for worker
Q: My sponsor is in Saudi Arabia hence I find it difficult in getting exit permit. He doesn’t respond to my calls and when I ask his family for whom I work they advise me to go without exit permit. How can I go now?
EF, Doha
A: Exit permit shall be replaced with any exit guarantor or a clearance certificate from a competent court, certifying that they do not have a court ruling or a case against them after two weeks from the date of publication in any two newspapers as stipulated under Article 18 of the Sponsorship Laws.
Accordingly workers can approach the competent court for a clearance certificate stating that they do not have any pending court cases or court rulings against them. They would be permitted to travel abroad. The court procedures may take a minimum of 15 days.
Payments on death of employee
Q: One of our colleagues died of natural reasons. The company repatriated the body but no benefits were paid to his family. What are the duties of the employer on death of an employee regarding disbursement of the benefits of the diseased worker?
DR, Doha
A: According to Article 55 of the law, if the worker dies during the employment for whatsoever causes, the employer shall within 15 days from the date of death deposit with the court any wages, gratuity and other entitlements due to the worker, attaching a detailed report indicating the method of calculating the sums referred to and a copy of the same shall be delivered to the Labour Department.
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LEGAL SYSTEM IN QATAR
The first insurance premium shall be payable at the time of concluding the contract unless otherwise agreed upon. The insured who has delivered the insurance policy before payment of the first premium may not invoke what is stated in this policy with respect to postponing the effectiveness of the contract to a date subsequent to the payment of such premium.
Each of the subsequent premiums shall become due at the beginning of each of the insurance periods unless otherwise agreed upon. An insurance period means the period for which the premium is calculated. In case of doubt, an insurance period shall be deemed as one year.
Unless otherwise agreed upon Insurance premiums, except for the first premium, shall be paid at the insured’s domicile. However, the premium shall be payable at the insured’s domicile if the insured delays payment thereof after giving him notice to this effect.
Article 788 stipulates that, if one of the premiums is not paid on its due date, the insurer may give notice to the insured requiring payment of the premium and informing him of the consequences arising from delay in payment. The notice given shall result in interrupting the prescribed period of prescription of the claim for premium payment.
If the insured fails to pay the premium despite having been given notice to this effect, the insurance contract shall cease to be effective after the expiry of thirty days from the date of notice. The insured may after the expiry of 30 days from the date of cessation request the passing of a judgement for implementing or terminating the contract.
If the outstanding premiums and any due expenses are paid before termination, the contract shall become effective from the beginning of the day following the date of payment. Every agreement exempting the insurer from giving notice to the insurer or reducing the time limits provided above shall be null and void.
Article 790 stipulates that upon realisation of the insured risk or if the date fixed in the contract falls due, the insurer shall pay the payable insured amount within 30 days from the date on which the entitled person submits the necessary details and documents confirming his right.
Regarding insurance against damages, according to Article 791 the insurer shall compensate the insured against damages arising from the realisation of the insured risk, provided that such compensation shall not exceed the insured amount.
Every person who insures a single item or a single interest for a particular risk with more than one insurer shall within no more than ten days give notice to each by virtue of a registered letter with a note of delivery concerning the other insurances indicating therein the names of other insurers and the amount of each of these insurance covers.