By Nizar Kochery /Doha


QUESTION: I came to know from newspapers that working hours of government employees would be five hours during Ramadan. Does it apply to the private sectors in Qatar? Being an employee of a private company, will I also be eligible for such reduction in working hours during Ramadan? Does it cover all employees? Or is it exclusively meant for Muslim workers?
MJ, Doha

ANSWER: The employment affairs of workers of  ministries and other governmental organs, public institutions, corporations and companies which are established by the Qatar Petroleum by itself or with others, are regulated by special laws which are not applicable to the private sector.
As per Qatar’s Labour Law, the maximum ordinary working hours shall be 48 hours per week @ eight hours per day.
According to Article 73, in the month of Ramadan the maximum ordinary working hours shall be 36 hours per week @ six hours per day. Except special leave for performance of Haj for Muslims, the law does not classify its applicability on religion wise.
The reduced working hours during Ramadan are not limited to Muslims alone.

Foreign firm wants do business in Qatar
Q: We are a foreign company seeking to do business in Qatar. We have no partners in Qatar. Can we do business independently by establishing a branch? Will there be any limitations of operations under this form of business? How will a representative office function?
ASD, Doha

A: Under Article 3 of the Foreign Investment Law - Law No13 of 2000, a foreign company can open a temporary branch office in Qatar if the company is awarded a specific contract involving a project that contributes to public service or interest. Under this situation, the Minister of Economy and Commerce can licence the foreign company to conduct business in Qatar for the specific purpose of completing the contract.
The licence to operate the temporary branch office will expire once the contract is completed. A foreign company can open a representative office by filing an application at the Ministry of Economy and Commerce.
However, a representative office cannot conduct financial transactions in Qatar and its activities are limited to marketing and administrative functions.

Family visa requirements
Q: I have been working with a contracting company from 2011. I wish to bring my family to Qatar. When I asked the company about issuing family visa to me, our human resources manager said that as per the new rule implemented in 2012, a basic salary above QR10,000 per month is a requirement for family visa. My basic salary is QR8,000. But I also get an allowance of QR3,000. So I earn more than the required amount monthly. The company is not willing to increase my basic salary. Can I sponsor my family? My eldest son is 25 and my wife wants to work. What documents should I submit for family visa?
XV, Doha
A: An employee who earns over QR10,000 per month is eligible for family’s residence visa. The rule does not mandate to have basic salary above minimum required.
However, visa will be granted subject to various approvals. Sons aged 25 years and over are not eligible. There is no age restriction for daughters, as long as they are not married.
Work permit has to be obtained from the Labour Department for spouses who wish to work. Application should attach employer’s letter stating designation, monthly salary, etc; six months’ worth of bank statements; copies of all family members’ passports, notarised copy of marriage certificate and children’s birth certificates, proof of address among other relevant documents.

Signature mismatch
Q: I had lent some money to my friend to help him during financial troubles in his business. Last month, he issued a postdated company cheque against the amount due to me. But the bank told me that the signature in the cheque was not matching with the specimen they had. I conveyed the problem to my friend but his response was not encouraging. I believe that he had intentionally issued the cheque with the wrong signature. Can I take any legal action against him? He may leave Qatar soon. What shall I do to get back the money?
DQ, Doha

A: Obtain the memo from the bank stating the reason for dishonour of cheque and file a police complaint against person who issued the cheque wrongly. The issuer cannot exempt from the criminal liability. If the person failed to honour it before the criminal court, file a civil case to claim the money.
You will use the promissory note and file a petition to stop the travel of the debtor.
As per Article 405 of the procedural laws, the creditor may request the court order to stop travel of his debtor on serious reasons that the creditor fears of the escape of the debtor from litigation or smuggling his assets.
A petition for order for inhibition from travel to be submitted and the judge normally pass his order of acceptance or rejection on the day, subsequent to the presentment of such petition at most.

♦ Please send your questions by e-mail to: [email protected] (Mobile:55813105)


LEGAL SYSTEM IN QATAR
A contract of agency is a contract under which the agent undertakes continuously exert effort and negotiate the conclusion of the transaction for the benefit of principal in consideration of remuneration.
The agent’s task may include the conclusion and execution of transactions on behalf of the principal. According to Article 291, the agency contract must be in writing and shall specify in particular the limits of the agency, the agent’s fee, area of his activity, the duration of the contract and the trademarks of the commodity subject of the agency, if any.
The contract agent undertakes to preserve the rights of principal and may take all necessary precautionary measures required for preservation of such rights. He shall furnish principal with information on market conditions of the territory.
Even after the expiry of contract, the agent is bound not to disclose the secrets of principal, which comes into knowledge in connection with the agency.
The contract agent shall perform the business of agency and manage the commercial activity independently. The agent shall bear the costs necessary for the management of the activity.
As per Article 293, the principal shall not engage the assistance of more than one contract agent in the territory for the same commercial activity included in the agency. The contract agent shall not receive the financial rights of the principal unless the principal delegate such rights. In this case, the agent shall not grant reduction or term without special permission.
The agent may receive orders related to the execution of the contracts concluded through him and receive complaints related to non-performance of these contracts. The agent shall represent the principal in legal actions related to these contracts filed by or against him in the territory of the activity.
According to Article 296, the principal undertakes to pay the fee agreed upon to the agent. Such remuneration may be a percentage of the transaction value, duly calculated based on the selling price to the customers, unless agreed otherwise.
The agent for contracts shall be entitled to the fee for the transactions duly concluded or for non-execution, if such non-execution is due to the act of the principal.
The agent shall be entitled to the fee for the transactions concluded by the principal or by any other person within the agent’s territory of operations, even if such transactions have not been procured by the agent’s effort, unless otherwise explicitly agreed.
As per Article 298, the principal shall provide the agent with all information required for the performance of agency and shall provide in particular with the speci?cations of the commodities, specimens, drawings and samples and other information that may assist in promoting and marketing the commodities under the agency.