By Nizar Kochery/Doha


QUESTION: After working with an Indian school in Doha for 15 years, I have just been relieved of my job. I would like to know the terms and conditions of my gratuity and other benefits that are due to me according to Qatar’s labour laws.
I would also like to know the policy on the notice period.
MS, Doha

ANSWER: Article 49 of the Labour Law provides that the employment of an employee under an indefinite term of employment may be terminated by the employer giving written notice to the employee.
The minimum notice period must be at least two months for employees who have been employed for more than five years. The notice period will start from the date of termination notice.
The employee will be entitled for wages and other benefits due to him/her in full for the full notice period provided the employee performs his/her work as usual. If the employer, in its discretion, asks the employee not to work for some or all of his/her notice period the employer will still be obliged to pay the employee in full.
In addition to the notice pay, the terminated employee will be entitled for salary dues, unutilised leave payments and gratuity benefits at the rate of minimum three weeks’ basic salary per year/prorate. The entitlement of gratuity prior to 2005 is subject to the contractual provisions while entry in/during service.

Alcohol offences
Q: I had a drink at a party and was waiting for a cab along with a friend. We were not disturbing anyone. But police took us for a test for blood alcohol.
Now there is a case against us. Is this punishable under Qatar law?  
TU, Doha

A: According to Article 270 of the Qatar Penal Laws anyone who is found drunk on a main street or anyone who disturbs others due to intoxication will be convicted to no more than six months and to a fine of QR3,000 or to any one of these two penalties. The same penalty is imposed on anyone who drinks any alcoholic beverages in a public place.

Certification of cheque
Q: A buyer of goods from us has offered us a cheque and a statement of account, showing there is fund in the account. Is there a legal way to prevent him from withdrawing the fund?
KL, Doha

A: Under Article 566, the drawer has the right to ask for certification of the cheque. Such certification shall confirm the availability of sufficient funds with the drawee to pay on the date of certification.
The bank shall not use such funds but shall keep it to pay the value of the cheque when presented. The drawee does not have the right to refuse the certification of the cheque if there is sufficient fund to pay its value.
The funds against payment of the certified cheque shall remain frozen with the drawee and under his responsibility in favour of its bearer, until the end of the period set for presenting the cheque for payment.

Written notices about violation
Q: Three months ago at our labour camp there was some argument between two workers over some personal issues. The company has terminated both of them over that. Is this valid?
We have heavy work on the sites and many of the colleagues fall sick due to the workload. What are the sick leave benefits under Qatar’s labour legislation? Near our labour camp there is a clinic, but it is not an approved one by the employer. In case of sick leave, is it mandatory to have approval from approved doctor?
TB, Doha

A: Article 62 of the Labour Laws and Article 6 of the Ministerial Decision No 7 are relevant. According to their provisions, an employee shall not be accused of a violation after more than 15 days have lapsed since the employer became aware of such violation, unless it is of a criminal nature.
Employer shall serve a written notice about the violation and proper investigation should be conducted. Moreover no penalties shall be imposed for any violation that has no direct connection to his work, either at workplace or elsewhere.
Regarding sick leave rights, Article 82 provides the worker sick leave with pay subject to production of sickness certificate from a physician approved by the employer. The worker is entitled for full wage for the first two weeks and half of his wage for other four weeks.
The extension of the sick leave thereafter shall be without pay until the worker resumes his work or resigns or his service is terminated for health reasons. The service of the worker may be terminated at the end of the twelfth week of the sick leave if it has been proved by a report issued by the competent physician that the worker is unable to resume his work at that time.
 
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LEGAL SYSTEM IN QATAR
A commission agency for carriage is a contract whereby the agent undertakes the contract in his name or in the name of his client with a carrier for the carriage of persons or goods to a speci?ed destination and if necessary to carry out the operations associated with such carriage in consideration for commission. If the agent undertakes the carriage by his own means, he shall be subject to the carriage contract, unless otherwise agreed.
The agent for carriage is obliged to safeguard the interest of the principal and execute the instructions and in particular those relating to selection of carrier. According to Article 210, the commission agent for carriage guarantees the safety of the passenger or the consignment.
The commission agent shall be liable from the time of receipt of the consignment for the total or partial destruction or damage or delay in delivery and shall only deny his liability by establishing force majeure or latent defect of the consignment or the fault of the consignor or principal. In case of carriage of persons, the commission agent shall be liable for delay in arrival and for any bodily or material damage sustained by the passenger during execution of the contract. The carrier shall not be entitled to deny his liability unless he proves force majeure or the passengers fault.
As per Article 212, the principal or the passenger shall have the right of direct recourse against the carrier to claim compensation for damage resulting from the non-performance or defective performance or delay.
The carrier shall have the right of direct recourse against the principal or the passenger for compensation for damage resulting from the execution of the contract. The consignee shall have the right of direct recourse against the principal or the passenger for compensation for damage.
According to Article 213, the original commission agent shall be a guarantor for the sub-commission agent, unless the consignor has appointed the sub-agent in his agreement with the original agent. If the commission agent pays the carriage fare to the carrier, he shall subrogate the carrier with regard to all rights.
Air carriage means the carriage of persons, baggage or goods by aircraft against payment of fare. If any accident causing death or injury of the passenger or any other bodily harm occurred aboard the aircraft or during embarkation or disembarkation, the air carrier shall be liable for such damage.
The air carrier shall be responsible for damage that arises from delay in the arrival of the passenger or baggage or goods. The air carrier shall not be entitled to deny his liability unless he proves force majeure or latent defect of the consignment or the fault of the consignor or consignee or passenger.