By Nizar Kochery/Doha
QUESTION: I am the department head in a company in Doha. Because of some defect in a machinery, some of our projects got delayed. Now the company is seeking my explanation. An inquiry found that the defect was due to a worker’s negligence. Is there any legal sanction where an employer can initiate action for the negligent acts of the worker?
RC, Doha
ANSWER: Under Article 71, the worker is under obligation to compensate the employer for damage, loss or destruction to machinery, products or equipment of the establishment as a result of his fault provided that the obligation of the worker for the compensation shall be preceded by an enquiry.
The employer may deduct the value of the compensation from the wage provided that the value of the compensation does not exceed the wage due to the worker for seven days in one month.
The worker may appeal against the decision of the employer on the valuation of the compensation to the Labour Department within seven days from the date of his being notified thereof.
Disturbing visits by agents
Q: I have been staying with my family in a villa near Abu Hamour since 2021. Our landlord now plans to sell his property, We have paid rent until December 2015. We are getting irritated due to the visits of various real estate agents into our leased premises. The landlord is asking us to leave the premises before the end of contract period. Is there a law to protect tenants if we refuse agents coming to examine our property?
JE, Doha
A: As per relevant laws, the owner, whether old or new is not allowed to eject the tenant from the premises before the contract expires as long as the tenant is paying the due rent amount. Thus, the tenant has the right to prevent anyone from entering the villa.
Moreover the landlord shall not disturb the tenant or challenge his utilisation all the tenancy period and he is not allowed to make any change on the premises in a way that affects or prevents the tenant from its utilisation.
Reaching a compromise
Q: Is it possible to settle court cases amicably with the petitioner? I have a contract with a company in Doha to supply certain materials and there has been some delay on my part. Now there is case against me in the Dafna court. I wish to settle it out of court. What is the effect if there is breach of such a settlement?
AX, Doha
A: Parties can end the dispute by reaching a compromise. According to Article 573, compromise is a contract by which two parties put an end to a dispute that has arisen between them, or prevent a dispute that is expected to arise by the mutual surrender of part of their respective claims.
The parties to such compromise must have proper capacity to dispose of or vary their rights under the contract and the Settlement Agreement must only affect the rights of the contracting parties.
The terms of settlement must be in writing. Moreover, a compromise is indivisible. The nullity of one part of a compromise involves the nullity of the whole contract. This rule does not apply, however, when it follows, from the wording of the contract or from the circumstances, that the parties agreed that the various parts of the compromise are separate and independent the one of the other.
Claims for damages
Q: A construction company engaged us to supply building materials. We had supplied the goods as per order from the purchaser and some payments are due. Now the company had sent an e-mail, seeking compensation for delivery of defective goods. Is it legal? We have delivered the goods in good condition. Are they legally bound to claim compensation from us? What are our rights if the damage is due to act of the purchaser?
TR, Doha
A: As per Article 446 of the Civil Law, if the goods are destroyed or damaged by an act of the purchaser, he shall remain liable for payment of the full price thereof. If the destruction or damage is attributed to the seller, the purchaser shall have the option either to dissolve the sale or to reduce the price to the extent in the diminution of the value without prejudice to his right to claim compensation if there are grounds therefore.
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LEGAL SYSTEM IN QATAR
Any person appointed by a merchant under a contract to carry out any of his business activities shall be deemed as a commercial representative. As per Article 319, the merchant shall be held responsible for the all transactions and the contracts concluded by his commercial representative within the limits of the authorization granted by the merchant.
If the commercial representative has been delegated authority by several merchants, they shall be jointly responsible. If limits of the authority delegation to the commercial representative have not been speci?ed, such delegation shall be deemed to be general and inclusive of all transactions related to the type of business.
The commercial representative may represent the merchant in legal actions relating to the business entrusted. The commercial representative shall not engage in any commercial transaction for his own account or for the account of a third party without express approval of the merchant who has appointed him.
Under Article 324, an itinerant commercial representative may not receive the price of the goods, which are not sold by him, nor may he reduce or defer payment of any part of the price. However, he may receive orders from third parties in the name of the principal and shall take the arrangements necessary to preserve the rights of the principal. The commercial representative is jointly responsible with the merchant for observing the legal provisions related to unlawful competition.
According to Article 327, Brokerage is a contract whereby a broker promises to a person to search for a second party to conclude a speci?c contract and to mediate for the conclusion of the contract in consideration of remuneration.
The broker’s fee may be a speci?ed proportion of the transaction or a lump sum. If the broker’s fee is not speci?ed by the law or agreement, it shall be determined by the rule of custom and in the absence of such custom, it shall be assessed by the courts considering the effort and time spent in performing the entrusted task. The broker shall not be entitled to fee unless the mediation leads to conclusion of the contract.
If both parties to the contract appoint the same broker, the broker shall be entitled for fee from both. Every contracting party shall be separately liable towards the broker for payment of the fee, even in case of agreement that one of them shall bear all the brokerage cost.
Unless otherwise agreed, the broker shall not recover the expenses incurred in execution of the work assigned. In such case, the broker shall be entitled to reimburse the expenses even if the contract is not concluded.
The broker shall not claim any fee or recovery of the expenses incurred, if he causes damage to the interest of one of the party to the contract or in contrary to principle of good faith, he obtained a promise of benefit from the other party.
Unless authorised by the contracting party, the broker shall not institute himself as a second party to the contract while he mediates to conclude the contract. In such case, the broker shall not be entitled to remuneration.
As per Article 335, the court may reduce the broker’s fee if it is not appropriate for the services performed, unless the fee speci?ed or agreed upon has been paid after the contract for which the broker mediated.
If the goods are sold by means of samples through a broker, he must retain these samples until the day of delivery or until the purchaser accepts the goods without reservation or until all disputes relating thereto are settled.
According to Article 340, in the event of authorizing several brokers under a single contract, they shall be jointly liable for work entrusted, unless authorized to act independently. If a single broker is authorised by several persons in a common work, they shall be jointly liable for the performance, unless otherwise agreed.
