By Nizar Kochery /Doha


QUESTION: My landlord has just issued a notice terminating our lease contract, stating that he wants to demolish, reconstruct and modify the building. The notice requires us to vacate the building with immediate effect. Is the termination legal? He has attached a schedule of construction by a consultant.
SM, Doha

ANSWER: As provided under Article 3 of Law No 20 of 2009, subject to consent of the Rental Dispute Settlement Committee, the landlord may demand termination of lease when the landlord wishes to demolish the leased building.
However, for reasons other than in instances where the tenant’s safety is at risk, such eviction is only possible where the building has been constructed more than 15 years ago and/or it is for the establishment of new project, provided the necessary approvals are obtained from the competent authorities.
In the event where evacuation is because the landlord wishes to elevate, extend or amend the property and such elevation, extinction or amendment is not possible while the tenant is occupying the lease property. According to the evaluation of the authority granting the licence, landlord should grant the tenant a time limit to evacuate the property not less than six months after the landlord obtains necessary permits and licences.
As per law, in case the landlord does not perform the licensed works, or leases the rented property to another tenant before performing such works, the tenant may submit a claim for compensation if such is warranted.

Contracts by correspondence
Q: What’s the effect of a contract made by transmittals by courier? We have executed a contract and sent to the other party by courier. Simultaneously, the other party signed one and sent to us by courier. Will this be valid? Is confirmation over the phone legal?
DT, Doha
A: The Civil Code provides for entering into contracts by correspondence, which may be used to support entering into contracts by signing different counterparts, or copies of the same contract circulated and signed by a different party.
Under Article 77, in the absence of custom, agreement or a provision of the law to the contrary, a contract between persons made by correspondence is deemed to have concluded at the time and place when the offerer became aware of the acceptance. When contracts have been concluded in counterparts or by correspondence, the contract will be deemed to have been made at the time and place when acceptance has been communicated to the offerer, unless otherwise agreed or law or custom stipulates the contrary.
Typically, this will be when acceptance has been received from the relevant party. A contract concluded by telephone or by any other similar means shall have the same effect as a contract concluded by persons present in respect of its validity and time, and the contract concluded by correspondence shall be applicable in respect of the place.

Reasons for dismissal
Q: I have received a notice from the company terminating my services. After nine years of service I am asked to leave the company with two days of notice. Can a company terminate an employee without stating any reasons? “In accordance with Qatar labour Law, your services are no more required and you will be paid a lumpsum of QR5,000 as gratuity,” says the notice from the company. I have refused to accept the letter.
AB, Doha

A: Under Article 49 of the Labour Laws, an employment contract of indefinite duration is terminable at the instance of any of the two parties without giving the reasons for the termination, provided stipulation on notice is followed. A notice of one month is the law for termination of employment of worker on a monthly/annual salary engagement with less than five years of service. When period of service exceeds five years, the notice period shall be at least two months prior to the date of termination. If the contract is terminated without observing these periods, the party terminating the contract shall be obligated to compensate the other party for an amount equivalent to the wage for the notice period or the remaining part thereof. You will be entitled for end of service gratuity calculated @3 weeks last drawn basic salary for every year of your service and prorate.

No termination during leave

Q: We have recruited a worker and his medical and other immigration formalities are over. Because of some allergy problem, he has not been able to attend work regularly during probation. We have been told that this will be in control within a month’s rest. Can the management terminate him now?
ZK, Doha

A: As per Article 85 of Qatar Labour law, the employer may not terminate the employee from service during his legally-entitled leave periods. Any notice for termination of employment during this period will be considered null and void. Service of the worker may be terminated at the end of the 12th week of the sick leave if it has been proved that the worker is unable to resume his work at that time. Upon completion of three months in service, a worker is entitled to fully-paid sick leave for the first two weeks, half wage for the next four weeks and further extension shall be without pay, subject to the recommendation of a physician approved by the employer.

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LEGAL SYSTEM IN QATAR
According to Article 74 of Trade Law of Qatar, in a commercial debt or obligation, the parties shall be jointly liable for such debt or obligation, unless the law or the agreement stipulates to the contrary. A guarantee shall be deemed commercial guarantee if the guarantor guarantees a commercial debt for the debtor or the guarantor is a trader having interest in the guarantee for the debt, unless the law or agreement states otherwise. A guarantee arising from the guarantee of commercial securities as a reserve guarantee or through the endorsement of such securities shall always be a commercial guarantee.
The guarantors will be joint guarantors among themselves and joint guarantors with the debtor. If a trader conducts transactions or render services for third parties associated with the commercial activities shall be deemed to have carried out against consideration, unless otherwise is established. The consideration is determined in accordance with relevant trade custom or usage and in absence of such custom or usage the court shall determine the consideration.
As per Article 78, a loan is deemed to be commercial loan, if the trader utilized for works related to his commercial activities. The court may not grant a debtor in a commercial debt any grace period for settlement or payment by instalments, except in cases provided for by the law or in absolutely necessary, provided that it does not cause serious detriment to the creditor.
Article 80 stipulates the repayment of a business liability may only be claimed during working hours. Notice to a debtor in commercial affairs shall be by a registered mail with a notice of receipt and in the event of urgency such notice will be by means of a telegram or substitute for it.
Payment of a commercial debt shall be valid if it is made to the person who possesses the debt instrument or a receipt from the creditor and the debtor has acted in good faith.
The debt instrument in the possession of the debtor is an evidence of release of his liability for the debt, unless the contrary is proved. As per Article 84, unless there is an agreement to the contrary, the creditor shall not be legally bound to accept if the debtor failed to execute the contract in time specified.
The commercial obligations shall be established by evidence of all means regardless of their value, unless otherwise expressed by the law. Customary papers in commercial matters will be argument against the other person on their date, even if this date is not recorded, unless the law stipulates that the date is recorded. The date of a customary paper is the true date until the contrary is proved by any means of evidence.