Contracts cannot be revoked arbitrarily

By Nizar Kochery/Doha

Question: We were engaged by a contracting company in Doha to execute a specific scope of the job. We started our work after mobilising manpower and machinery. Now the main contractor has issued a fax note saying the contract is terminated but has not stated any reason. Is this legal?

AB, Doha

Answer: A contract must be executed in accordance with the contents thereof and in a way that is consistent with the requirements of good faith. According Article 171 of the Qatar Civil Code - Law No 22 of 2004, a contract is the law of the contracting parties and so cannot be revoked or modified except with the agreement of the parties or for such reasons as prescribed by law. 

Nursing time part of working hours

Q: How long can a working mother claim nursing time? Is this time mandated by the employer? Do I need to work extra time for this or can the employer deduct proportionate wages?

AF, Doha

A: According to Article 97 of the Labour Laws, a nursing female worker shall be entitled to a nursing interval which shall not be less than one hour per day. The fixing of the nursing times shall be made by the female worker. The nursing break shall be calculated as part of the working hours and shall not result in a deduction of wage.

Workers entitled to gratuity

Q: I will complete my contract with the company in July. The contract was for two years and I have submitted my resignation. The company issued a letter saying that I am not eligible for return ticket or gratuity. Please advise.

TR, Doha

A: Article 57 stipulates that upon termination of the service of the worker the employer shall at its cost return him to the place from where the employer has recruited him at the commencement of the engagement or to any place agreed upon between the parties.

Whereas in the case of termination of a definite term contract before completion of the agreed term, the employee must bear the return expenses provided the contract provides so. However your term of contract is two years and you are terminating the contract along with its completion.  You are therefore entitled for repatriation cost and also eligible for the minimum gratuity at the rate of three weeks per year for two years. 

Definition of public employee

Q: A friend is facing criminal charges of bribery. Who are all the categories covered in this? Are clerical staff in a corporation included in the public employee category? Please advise on the definition of public employee under criminal laws of Qatar.

AS, Doha

A: Under Article 3 of the Qatar Penal Code, public employees are those charged to do the public authority, the employees and workers in the ministries, the other governmental corporations, public organisations and institutions.

Public employees also include arbitrators, experts, receivers in bankruptcy, liquidators and sequestrators, Board of Directors, managers, employees in private institutions and associations, companies and co-operative associations, if one of the ministries or one of the other governmental corporations or public institutions or organisations participates in it; heads and members of municipal and legislative councils and others who have public parliamentary capacity whether elected or appointed; and whoever does any work connected with the public service upon a charging from a public employee.

Ban not applicable to professors

Q: We are incorporating an engineering design office in Doha. Though we are employed at different places we are resigning and becoming employees under such a company. Our question is could our Qatar partner also quit his job?

XZ, Doha

A: Article 18 of the Professional Engineers Law stipulates that owners of engineering consultancy offices, their partners and the engineers employed there are banned from working at any of the ministries, other government departments, public corporations or institutions. Qatari university professors with doctoral degrees and teaching engineering at a university are exempted from the ban.  

Gratuity claims lapse after one year

Q: I was working in an engineering consultant’s company for three-and-a-half months. When our project was completed our company gave us release. I joined a new company in 2011. But I did not receive my end of service benefits from my previous company. Can I still claim my gratuities from my previous company?

TIH, Doha

A: As per Labour Law, the right to file a lawsuit for a claim of the labour entitlements including gratuity shall lapse after one year from the date of expiry of the employment contract. Accordingly it is time barred.

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LEGAL SYSTEM IN QATAR

Each one of them is liable in proportion in his share, to indemnify a co-partitioner entitled to such indemnity. If one of the co-partitioners happens to be insolvent, the share falling on him will be borne by the co-partitioner entitled to the indemnity and all the solvent co-partitioners. A co-partitioner shall warrant to other co-partitioners any intervention or creation of a cause of action arising prior to the partition. He shall indemnify the holder of the security for any reduction of his share as estimated on the due date and every agreement to the contrary shall be deemed null and void. In general, no such warranty exists when there is an express agreement waiving the warranty in the particular case which would have given rise to the warranty. The warranty also ceases to be binding if it arises due to a fault of the co-partitioner himself.

By a provisional partition, co-owners agree to allot to each other the enjoyment of a divided part of the property equal to each of their shares in the property held in common in consideration of a renunciation in favour of each other of the right of enjoyment of the other parts. Such an agreement cannot be entered into for duration of more than five years; such duration can only be renewed by another independent agreement.

If no duration has been fixed, or the agreed period has expired and no new agreement has been entered into, the period of the provisional partition will be for a year renewable, unless one of the co-owners gives a notice of termination to his co-owners three months before the end of the current year.

According to Article 874, if such a provisional partition remains in force for 15 years it is converted into a final partition, unless otherwise agreed to by the co-owners. If one of the co-owners remains in possession of a divided share for 15 years, such possession is presumed to have taken place as a result of a provisional partition. A provisional partition also takes place when the co-owners agree that each of them shall, one after the other; enjoy all of the property held in common for a period corresponding to his share.

The co-owners may agree, during the process of a final partition, to enter into a provisional partition. Such provisional partition will remain in force until the conclusion of the final partition. If the co-owners cannot reach an agreement for a provisional partition, such a partition may upon the application of one of the co-owners, be ordered by the court. Under Article 807, a provisional partition is governed, as regards its validity as against third parties, the capacity of co-partitioners, their rights and obligations, and means of proof, by the provisions of the law relating to contracts of lease, in so far as they are not incompatible with the nature of such a partition.