By Nizar Kochery/Doha


QUESTION: I have been working with a company for the last six years after transferring my sponsorship to it. My sponsor has sold the company now. As I would like to move on, can I change my sponsorship once again? If I resign before the completion of one year from my last annual leave, will I be entitled for airline ticket for going home? Is there a legal basis for the new owners’ claim of the company’s obligations being limited to the period since their takeover? Am I entitled to receive my service certificate on my resignation?
TR, Doha

ANSWER: Sponsorship change is still at the discretion of the employer and transfer of ownership shall not affect the terms and conditions of the employee. The terminal benefits will be calculated from entry in service and upon termination of the employment contract, employer is under obligation to repatriate the employee by making travel arrangements. There is no minimum period of service specified in the law for entitlement of ticket.
Companies are required by law to issue experience certificates to workers and to return their certificates, documents, etc. which the worker deposited with the employer while entry in service.
According to Article 53, employers shall issue free of charge the worker upon his demand, a service certificate indicating the date of entry in service, the date of expiry of employment, the nature of work and the amount of wage, etc upon expiry of the service contract.

Partnership problem
Q: Though we are partners in a company our names are not in the registration documents. When we formed the company we included few of our friends as joint partners (A, B and C jointly represented by) connected to the company in such a way that they hold shares in joint name. Now individually each secondary partner is approaching us on different issues. affecting the smooth operations. What is the law for joint ownership of shares?
SB, Doha

A: According to commercial companies law, in the event that a share is owned by several persons the company may suspend the enjoyment of rights attached thereto until the owners of the share elect one of them who may be considered as a sole owner in respect of dealings with the company. The company may fix a date for these owners to complete the election. In the event the owners fail to elect a sole owner by the fixed date, the company may sell the share for the benefit of its owners, and in which case, the company shall offer the share to the existing partners and then to third parties.

Clause of arbitration
Q: Our contract is with arbitration clause. We are in the court now to resolve an issue. How legally correct is this issue?
AJ, Doha

A: Proceedings in the case will be subject to the defendant expressly referring to the arbitration clause at the court hearing. Upon the defendant so doing, the court will refer the matter to arbitration. Conversely, if the defendant fails to object and refer to the arbitration clause at the court hearing, the court will assume that the arbitration clause has been waived by both parties and will continue with the resolution of the dispute through litigation. The plaintiff in such approach may lose the court fees and advocacy charges if the defendant successfully raises the arbitration clause defense at the hearing.

Work injury and employee rights
Q: What are the employer’s obligations of in the event of an accident at site? How will salary be paid? What are the employee’s legal rights if there is no workmen insurance?
KL, Doha

A: According to Article 108 of the Labour Laws, if the worker sustains a work injury, the employer shall immediately notify the police and the Department Of Labour of the incident. The notification shall include a brief description of the incident, the circumstance where it took place and the actions taken for aiding or curing the worker.
The police shall undertake necessary enquiries and on completion of the inquiry send a copy of the record to the Department of Labour and a copy to the employer.
The worker who sustains a work injury shall be entitled to receive medical treatment appropriate to his condition at the cost of the employer in accordance with the decision of the competent medical authority.
The worker shall receive his full wage during the treatment period or the period of six months whichever is nearer. If the treatment continues for a period exceeding six months the worker shall be paid half of his wage until his recovery or proof of his permanent disability or death whichever is nearer.
The worker shall be entitled for compensation for the disability as estimated by medical authorities and workmen compensation insurance is to indemnify the employer who will be legally obliged to compensate the worker.

♦ Please send your questions by e-mail to: [email protected]

LEGAL SYSTEM IN QATAR
According to Article 11, the production by an artist of artistic work, whether on his own or with the employment of workers, and its sale; printing and sale by an author of his work; professionals in the freelance professions engaging in their professions, such as doctors, engineers, lawyers and the like; the sale by farmers of the harvests produced from the ground that they own, or that they plant, even after their conversion (into secondary products) by the means available in their agricultural operation are not considered to be commercial business.
However if a farmer establishes a shop or factory on a permanent basis for the sale of his harvests in their original condition or following conversion, the sale in this case is considered to be commercial work.
Any legally competent person carrying on any commercial business in his own name and for his own account is a merchant. Likewise every commercial company and every company that adopts a commercial form, even if it engages in non-commercial business, is considered to be a merchant.
Under Article I3, everyone who announces to the public the premises he has established for commerce by any means of publication is considered to be a merchant, even if he has not adopted commerce as his occupation. The capacity of a merchant is established for everyone who adopts commerce as his profession in a ?ctitious or borrowed name or a name hidden behind another person in addition to establishing it for the apparent person. If a person who is prohibited from engaging in commerce under a law or special regulation engages in commerce he is considered to be a merchant and the provisions of this law apply to him.
A person who makes a transitory commercial transaction without adopting business as his occupation is not considered to be a merchant. Nevertheless, the commercial transaction he performs will be subject to the provisions of this law.
Government ministries and other government organisations, public bodies and establishments, associations and clubs are not considered to be merchants. However, the commercial transactions performed by these bodies will be subject to the provisions of this law, with the exception of those transactions that are exempted by a special provision.
Companies formed by the state, or in which the state has a shareholding, or other public bodies and establishments, that engage fundamentally in commercial activity, have the capacity of a merchant.
This capacity is also attributed to the branches of foreign public companies and establishments that engage in commercial activity within Qatar.