Waste can be dumped only in designated areas

By Nizar Kochery/DohaQuestion: What is the law on dumping waste in public or private place? What will be the punishment for it? Which law is applicable in this regard?KN, Doha Answer: Law No30 of 2002, Environmental Protection Law, is the relevant law in this regard. As per Article 32 of the law, dumping and burning garbage or treatment of solid and liquid waste shall be restricted except in designated areas away from residential, industrial and agricultural areas and waterways. Any person who breaches the provision shall be punished with a fine between QR5,000 QR50,000.Bouncing of chequesQ: Our managing partner is involved in a number of criminal cases - mostly involving cheque bouncing. In the corporate contract matters, how does bouncing of cheque signed by the managing director on behalf of the company amount to cheating? If an imprisonment order is issued, can we settle the matter without going to jail? If not, can it be done privately? How are the proceedings in Qatari courts conducted - is it private hearing? The company may lose its reputation in the market. What is the law of the state?VB, Doha A: Issuing a cheque without sufficient balance in the bank account is a crime; the nature of the account, whether personal or corporate, is not significant. The beneficiary may lodge a complaint for cheating against the signatory of the cheque. Reconciliation will be possible even after judgment by payment at the court or by settlement with the beneficiary. Under Article 187 of criminal procedure code, a court hearing is always in public, unless provided otherwise by the law or considered by the court or upon the request of any of the litigants that it should be a closed hearing to preserve the public order or with respect to the decency or the dignity of the family, and the court may organise the appearance in the hearing if necessary. Arbitration for dispute resolutionQ: Our company is holding discussions on having co-operation with a foreign entity. In this regard we prepared a contract and discussion on the contract is underway. In the contract, arbitration is the mode of dispute resolution considering that arbitration is faster and less expensive. Is there any timeframe to complete arbitration under Qatar laws? What action can be taken if the arbitrator delays the decision?        OB, DohaA: As per Article 197 of the Civil Procedure Law, award should be issued within the time specified in the arbitration agreement or within three months. If it is not made and the parties do not agree to extend the time limit, then either party may raise the matter in the Qatari courts. Any party may submit the issue to the court initially competent to examine the dispute in order to add a new period or to settle the dispute or to appoint other arbitrators.

Ticket must at end of contractQ: I have completed seven years with my company and wish to resign. When I resign will I be eligible for return passage? While signing the contract for the first time, my employer asked me to sign a letter in Arabic stating that I have received all my dues. Is this valid? Is there something I can do? AX, DohaA: Repatriating the employee at the end of contract is the obligation of your employer. You are entitled for an air ticket back to the place of recruitment or to any other agreed location. With regard to the letter you have signed, it is illegal and not binding on you. Now under the wage protection system you must receive all your entitlements through a bank. If you are not receiving it seek the assistance of the Labour Department by lodging a complaint that you have signed this letter at the start of the job contract.

No provision for layoffsQ: Is there a law in Qatar to implement “no work, no pay” similar to layoffs in other parts of the world? We have people in our payroll but no projects now. The company plans to lay off but will provide accommodation and food in the camp. Is this legal?RT, DohaA: There are no provisions in the Labour Law for laying off workers in situations of redundancy. According to Article 44 of the Labour Laws, Law No14 of 2014, a worker is entitled to all his benefits if he attends the place of work. The employer shall undertake to enable the worker to perform the work and to provide him with all things necessary therefore, and if the worker attends the place of work and is willing to perform the work but could not do so for reasons beyond his control, he shall be considered to have actually done the work and be entitled to all the benefits.♦ Please send your questions by e-mail to: leges@qatar.net.qa (Mobile:55813105)LEGAL SYSTEM IN QATARAccording to Article 644, an adjudication of bankruptcy shall render due all cash debts payable by the bankrupt, whether it is unsecured debts or debts secured by a general or priority right. If the bankrupt is under an obligation to pay against a consideration, a life-time annuity or to settle undertakings payable in instalments, the judge for bankruptcy, on application by the creditor, may order that an adequate amount to be set aside for payment of such annuity or instalments and indicate the method of payment.A creditor whose debt is dependent on a dissolving condition shall participate in the bankruptcy on providing an adequate surety or guarantor to the satisfaction of the receiver. However, the share of a creditor, whose debt is subject to a contingent condition, shall be set aside until the fate of the debt becomes clear.A judgment declaring bankruptcy shall suspend the individual legal actions brought by ordinary creditors and those who have general privilege rights. The aforesaid creditors shall not take any individual measures for execution against the bankrupt’s property nor shall complete the measures that initiated prior to issue of the judgment declaring the bankruptcy. Nevertheless, if the date is set for the sale of the bankrupt’s property, the execution measures may be continued with the permission of the judge for the bankruptcy and the proceeds of sale shall pass to the bankruptcy after deduction of the expenses incurred by the creditor. However, mortgage creditors and special lien rights shall institute legal actions or continue the actions against the receiver. They may also execute or proceed with the execution against the assets guaranteeing their rights.According to Article 648, if there are several persons liable for the same debt and one of them is declared bankrupt, the others shall not be affected by such bankruptcy, unless otherwise provided. A creditor, who receives a part of his debt from one of the several persons liable for the same debt, may only participate in the bankruptcy for the balance of the debt, if the remaining debtors or one of them is declared bankrupt. Such a creditor reserves his right to claim against the non-bankrupt obligor for the balance and the obligor may participate in each bankruptcy for what he has paid on behalf thereof.As per Article 650, if the persons liable for the same debt are all declared bankrupt at the same time, the creditor may participate in each bankruptcy for the total amount of his debt until he recovers the principal and expenses in full. A bankruptcy may not take recourse to another bankruptcy for what it had paid on its behalf.If the total amount received by the creditor exceed his debt and its accessories, such excess shall revert to the bankruptcy of the obligor who is guaranteed by the others in accord with the order of their obligations in the debt. In the absence of such an order, the excess shall return to the bankruptcies which paid more than their share in the debt.If the mortgaged property is sold at a price exceeding the amount of debt, the excess amount shall be paid to the receiver for the account of the group of creditors. However, if the price is less than the debt, a creditor mortgagee shall participate for the balance in the bankruptcy in the capacity of an unsecured creditor, provided that his debt is established in accordance with the provisions of the law.