By Nizar Kochery/Doha
QUESTION: I am under the personal sponsorship of a national. My family is under my sponsorship. My sponsor refuses to issue exit permits for us. I want to send my family to our home country urgently. There is no case or travel ban against me. Can I take advantage of the new law?
ANSWER: A new entry and exit law will be effective from December 14 this year. As per prevailing entry and exit law, wives and children of foreign workers holding a valid residence permit do not require an exit permit from sponsor to travel out of the country. For your exit, you may seek a clearance certificate from court since exit permit is denied by your employer.
When there is no pending court case or judgement, you will then be allowed to leave the country without an exit permit. Employees whose sponsors refuse to issue them an exit permit, or if the sponsors are out of the country or have died, can seek a clearance certificate from a competent court certifying that they do not have a court ruling or a case against them and they would be allowed to travel out of the country without an exit permit.
Such a certificate may only be issued after 15 days from the date of publishing the travel date of the employee in two daily newspapers. Male children above 18 years need exit permit from father.
Execution of contracts
Q: Our company is engaged in executing sub-contract works. We recently signed a new deal with the main contractor and also procured materials for executing the work. The main contractor later issued a letter, saying the contract was terminated. No reasons were given for the decision. Is this legal?
A: A contract must be executed in accordance with the contents thereof and in a way that is consistent with the requirements of good faith. According Article 171 of the Qatar Civil Code, a contract is the law of the contracting parties and so cannot be revoked or modified except with the agreement of the parties or for such reasons as prescribed by law.
Q: I work with a contracting company under its sponsorship. My friends plan to start a new company and they wish me to be a part of it. Is there any restriction to be partner in another company while working as an employee of another company?
A: The commercial companies Law and other regulations on incorporation of companies do not prescribe any restriction on becoming a partner/shareholder in a company other than where you are employed. However, under sponsorship laws an employee is not allowed to work for another employer other than the employer from whom he received sponsorship.
When you are employed by a company, Labour Law regulates relationship with employer.
Trade competition impacts, confidentiality matters, etc, to be considered while engaging into such business activities. Moreover, Labour Laws provide employer a right to terminate the employee without any reasons and even without notice. Always advisable to obtain no-objection from the current employer to avoid relationship issues when business grow.
Punishment for helping an offender
Q: Two of my roommates were arrested last month when I was on vacation. I am informed that one of them had committed an offence and the other had helped the offender to hide. Actually he was not aware of committing any crime. What will be the punishment and what’s law?
A: According to Article 200, any person who knows about a crime or a felony and helps the offender escape justice by lodging him or concealing relevant evidence shall be punished with imprisonment for a term not exceeding one year and/or a fine not exceeding QR5,000. If capital punishment is the crime’s penalty, the fugitive’s helper shall be liable to imprisonment for a term not exceeding five years.
Compassionate leave entitlement
Q: Is the husband entitled for leave as per Qatar’s Labour law when his wife is admitted to hospital for a major medical issue?
A: Qatar Labour Law does not provide compassionate or emergency leaves as matter of entitlement. Law prescribes only a minimum set of leave entitlements (annual leave & sick leave) which cannot be waived or limited. The company’s employment policy will prevail for establishing such rights. The employer and employee while drawing terms of employment may agree specific provisions for emergency or compassionate leave entitlements. Article 46 stipulates employment regulations when the staff strength exceeds 10 and any such regulations once authenticated will have the validity of law for the parties.
Accordingly, unless otherwise available in the authenticated employment regulations or in the employment contract, employee will not be eligible for such leave.
- Please send your questions by e-mail to: [email protected] (Mobile:55813105)
LEGAL SYSTEM IN QATAR
As per Article 736, the conciliation meeting shall be presided over by the adjudicator at the time and place fixed by him. The creditors shall attend the meeting in person or by proxies authorised in writing. The bankrupt shall be summoned to attend by means of a registered letter with acknowledgment of receipt and he may not delegate anyone to act on his behalf, except for serious reasons acceptable to the adjudicator.
The receiver shall submit to the conciliation meeting a report on the state of the bankruptcy, the procedures taken, the proposals made by the bankrupt for the conciliation and the opinion of the receiver in such proposals. The statements of the bankrupt shall be heard and the adjudicator shall draw up minutes of the meeting.
According to Article 738, the conciliation shall not be made, except with the approval of the majority of the creditors whose debts have been accepted either ?nally or provisionally, provided that they represent two thirds of such debts after deducting the debts of those creditors who did not participate in the voting.
The creditors who have attended or who have valid representation in the ?rst meeting who signed the minutes of the conciliation shall not be obliged to attend the second meeting and in such case, their decisions and the approvals in the ?rst meeting shall remain effective in the second meeting unless they have attended such meeting and modify them, or if the debtor has made a substantial change to his proposals regarding the conciliation during the period between the two meetings.
As per Article 740, the conciliation may not be concluded with a bankrupt who has been condemned to a punishment of fraudulent bankruptcy. if investigation is instituted in respect of the bankrupt for fraudulent, the negotiations for conciliation shall be suspended.
Conviction of the bankrupt for negligent bankruptcy shall not preclude conciliation with him.
If an investigation is instituted with the bankrupt in respect of such offence, the creditors may either proceed with the negotiations for the conciliation or to postpone it.
According to Article 743, the creditors holding securities in kind shall not participate in the voting on the conciliation on account of their secured debts except if they forfeit the said securities in advance.
Such assignment may be restricted to part of the security provided that it is equivalent to no less than half of the debt. The forfeiture shall be recorded in the minutes of the meeting. If any of the said creditors participates in the voting for conciliation without declaring the assignment of his security in whole or in part, it shall be considered to have assigned the whole of the security. In all cases, assignment of the securities shall not be final unless the conciliation has been decided and rati?ed by the court. In case the conciliation is declared void, the security assigned shall be restored.
Creditors are entitled to demand the debtor to provide one or more guarantors to secure the enforcement of the conciliation. As per Article 746, the receiver shall submit the conciliation to the court for its rati?cation and anyone party to the conciliation may also apply to the court for its rati?cation. The court may either ratify or reject the conciliation without having any authority to amend the terms.
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