By Nizar Kochery DohaQUESTION: I work with a construction company in Doha and as per the job contract, the employer can terminate my services by giving three days’ notice. I’m not happy with the conditions in the company and wish to terminate the contract from my side. It was my understanding that both the parties are under liberty to terminate the employment relationship during the probationary period. But I couldn’t find a provision in the contract for the employee to terminate with just three days’ notice. Probation has not been informed to me before taking up the job. ST, DohaANSWER: There is no provision in the Labour Law giving a right to the employee to terminate the contract during probation as is provided to the employer. However, the employee may invoke Article 51 in circumstances that the employer violated or neglected his commitment stated in the contract or provided by Labour Law or if the employer or his designated representative misguides the employee on any matter related to the nature of the work. Probation is not mandatory; on mutual agreement, the employment contract may specify any probation period for the employee but such a period should not be more than six months from the date of joining the work. Once agreed, the employer may terminate the contract during the probation period if the employee is found incompetent to perform the assigned duties and that the employee be informed at least three days before the termination. Damagesover delayQ: We undertook the delivery of some stones from China under a subcontract but due to some reasons we couldn’t meet the commitment. Now we have received a court notice claiming compensation. Actually, the other party has not incurred any losses because of delayed structural completion. Is it legally valid to claim the compensation without any loss? GY, DohaA: Under Article 171 of the Civil Code, contracting parties can agree terms that do not contravene the law. Also, Article 265 of the Civil Code stipulates that if the subject matter of the obligation is not a sum of money, the contracting parties may agree in advance to the value of the compensation, whether in the contract or in a later agreement. Accordingly, parties may set compensation for any breach. However, Qatari law provides option to wholly resist the imposition of delay damages if it is possible to establish that the employer suffered no damage whatsoever as a result of the delay. Article 266 provides that the agreed upon compensation shall not be due if the debtor proves that the creditor did not suffer any damage. The court may reduce the compensation from the one agreed upon if the debtor proves that the assessment was exaggerated to a high degree, or that the obligation has been partially performed. Any agreement to the contrary shall be null and void. Absent from court hearingsQ: I have received a court notice as the second defendant in a case. No attorney has been appointed to attend the case. After considering the case, the court has appointed an expert. But the plaintiff fails to attend the hearings of the expert and the report gets delayed. The defendant has attended and submitted his documents. Does the law allow the expert to take action for not attending the hearings? Further, the expert asks me to translate all my documents. Since the court hearings are in Arabic, I have taken an Arab-speaking friend to the court but he was declined. Can I request the court /expert to consider the matter in English?JC, DohaA: As per procedural Law, an expert shall hear the litigant’s statements, receive documents and remarks. If any of them fails to appear before him or fails to present his instruments or else fails to implement any one of the expertise proceedings on the specified terms, it becomes impossible for the expert to assume his duty or conduce to retardation in assuming thereof, he may move for the court to pronounce a ruling punishing the litigant. The court may rule a fine or suspension of the action for a period not exceeding six months under Article 67 of procedural Law. Regarding the language, Arabic is the official language of the court and all documents to be translated by authorised translators. However, the court may hear statements of litigants and witnesses who are unacquainted with Arabic through an interpreter to be sworn in before rendering his mission that will render the interpretation conscientiously and truthfully. Such a system is in practice in the court.Exemptionfrom judicial feeQ: How much will the court fee be for claiming entitlements in case of death due to site accident? When I went to revenue authorities for a succession certificate, they wanted to know the claim amount and the court fee payable. MM, DohaA: Under Article 10 of the Labour Laws, all lawsuits filed by the workers or their heirs claiming the entitlements are exempted from judicial fee. However, a complaint should be made to the court within one year from the date on which the amount or the entitlement becomes due.♦Please send your questions by e-mail to: leges@qatar.net.qa (Mobile:55813105)LEGAL SYSTEM IN QATARAs per Article 499, payment of bill of exchange may be guaranteed in whole or in part by a precautionary guarantor. This guarantee may be made by a third person or even by a person who has signed as a party to the bill. The precautionary guarantee shall be written either on the bill of exchange itself or on a sheet of paper attached to it. Such guarantee shall be signified by the expression ‘as a precautionary guarantee’ or any other expression conveying the same meaning and signed by the guarantor. The name of the person guaranteed shall be stated in the bill of exchange, otherwise the guarantee shall be deemed to have given in favour of drawer.According to Article 501, the precautionary guarantor shall be bound in the same manner as that of the guaranteed person. The obligation of the precautionary guarantor shall be valid even though the obligation guaranteed is null and void for any reason other than a defect in form.The maturity date of bill of exchange shall be any of the following forms: at sight, after the lapse of a fixed period from sight, at the end of a fixed period from the date of the bill or on a specified date. A bill of exchange which stipulates other or successive maturity date shall be null and void. As per Article 504, the bill of exchange payable at sight shall be paid on presentment and should be presented for payment within one year from the date of issue. Such period shall be shorten or extended by the drawer and endorsers may shorten the period. The drawer may stipulate that a bill of exchange payable at sight shall not be presented before the speci?ed period and in this case, the time for presentment shall be calculated as from such period. The maturity date of the bill of exchange payable at speci?ed period after sight shall commence from the date of acceptance or protest. According to Article 506, the maturity date of the bill of exchange, drawn for one month or more from the date of issue or the date of sight, shall be the corresponding date of the month when payment must be made. If there is no corresponding date, the bill shall be deemed mature on the last day of this month. If a bill of exchange is drawn for payment after one or more months and a half month from the date of issue or sight, the calculation shall be carried out on basis of full months. If a bill of exchange is payable on a speci?ed date in a place which adopts the calendar differs from that of the place of issue, the maturity date is determined in accordance with the calendar of the place of payment. If a bill of exchange is drawn between two place with different calendars is payable after certain period from its date of issue, its date shall be adjusted to the corresponding date in the calendar of the place of payment and the maturity date shall be determined accordingly.As per Article 509, the bill of exchange shall be presented for payment on its maturity date by the holder. The holder of a bill of exchange shall not be obliged to receive its value before the maturity. If the drawee pays the value of the bill of exchange before the maturity date for payment, he shall bear the resulting consequences.