False promise on salary raise
April 15 2016 11:55 PM
legal

By Nizar Kochery/Doha

QUESTION: I have been working with a private company since 2009. The company management had verbally agreed to increase my salary every two years when I was recruited. But I have never been given any raise. Is there any provision in Qatar’s laws that mandate salary increment? Can I take any legal action for the increment?
NM, Doha

ANSWER:
At present, there is no legal way for wage revision. Employment contract and policy regulations of the employer will be the basis to decide on wage matters. The terms and conditions of employment, including wages and increments, are regulated by the employment contract agreed between the employer and employee.
The employer and employee are not allowed to agree any terms lower to the minimum prescribed by the law. Though Labour Laws stipulate minimum entitlements, the law does not specify any minimum wage, periodic wage increment or revision.
As per law, when the number of employees exceed 10, the employer should formulate its internal regulations on employment and get the same authenticated at the Labour department for its application in the organisation.
Once authenticated and published in the organisation, these regulations will be treated as part of employment contract.

Deception and  fraud in marketing
Q: Our competitor in Qatar has printed flyers, containing false statements against our products and has distributed them. The competitor has used a comparison table to increase their business. We have issued a legal notice against the competitor but there is response.
GH, Doha

A: According to Article 69 of Qatar’s Trade Law, a trader may not resort to means of deception and fraud in marketing his goods, and he may not publish statements that are detrimental to the interest of another trader in competition with him, otherwise he will become liable for the detriment arising from such action. The actions of the competitor that are considered to be unlawful competition will require compensation.

Arbitrary dismissal
Q: Our management is processing the termination of a female employee on reason of maternity, stating that it can lead to losses for the company. Is it legal to terminate on reasons of maternity?
TY, Doha

A:
Article 98 stipulates that the employer may not terminate the employment contract on reasons of marriage or for availing of maternity leave. The employer may not notify of the termination of service contract during this leave and may not send her a notification which expires during the said leave too.
Therefore, the dismissal from work is against the Labour Law and therefore the competent court might consider such dismissal as arbitrary dismissal whereby the employer will be obliged to reinstate or compensate the employee.

Missing cheques
Q: As part of a board resolution, I have issued many cheques. Currently I am relinquishing my role as a shareholder. While recovering cheques signed by me, I have found that a few personal cheques have gone missing. What is the procedure to be followed if anyone loses bearer cheques?
XC, Doha

A: According to Article 588 of the Commercial Law, if a bearer cheque is lost or destroyed, the owner shall be entitled to submit an objection to payment of its value to the drawer.
Such objection should include the cheque number, amount, name of its drawer and every other particular which may assist in identifying the cheque and the circumstances surrounding its loss or destruction.
When the drawee receives the objection, he shall refrain from payment of the value of the cheque to the possessor of the cheque and should set aside the value of the cheque, pending decision on the matter.
The drawee shall, if requested by the objecting party and at his expense, publish the number of the lost or destroyed cheque, its amount, name of drawer, name of the objecting party and his address in a daily newspaper.
Any disposal of the cheque subsequent to the date of such publication shall be null and void. Also, a complaint to be lodged with the nearest police station and court proceedings to be initiated to get the cheque cancelled.

Complaint over cheating
Q: I lodged a complaint before the Capital Police Station against one of my colleagues for cheating some time back. The police arrested the colleague and presented him before the public prosecution. But they later released him on bail. I have not received any notice from the public prosecution on the status of the case. Do I need take any further action to get my money back? Please advice.      
GV, Doha

A: Follow up with the public prosecution as well as the competent court in order to understand the status of the case. The public prosecution is not required legally to inform the complainant neither about the status of the case nor the date of referring the case to the competent court as do so.
If the accused has been referred to the criminal court, apply for such court and demand right of the full amount of the cheque or to file a case before the civil court if the case before the criminal court is over.

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


LEGAL SYSTEM IN QATAR
According to Article 784, the application for rehabilitation shall be submitted with the supporting documents to the court that issued the judgment declaring the bankruptcy.
The court shall immediately send a copy of the application to the public prosecution and to the office of the commercial register for publication in the Of?cial Gazette and two local daily newspapers.
The court shall also notify the creditors whose debts have been accepted in the bankruptcy of the application for rehabilitation.
The publication must include a summary of the application including the name of the bankrupt, the date of the adjudication of bankruptcy, the method whereby bankruptcy was terminated and a notice to creditors to submit their objections, if necessary.
The Public Prosecution shall, within thirty days from the date of receiving a copy of the application for rehabilitation, submit to the court a report including particulars regarding the type of bankruptcy, judgements issued against the bankrupt on bankruptcy offences, trials or investigations conducted in this regard and the opinion of the Public Prosecution on the acceptance or rejection of the application for rehabilitation, provided that such opinion shall be supported by reasons
As per Article 786, any creditor who has not received his right shall submit an objection to the application for rehabilitation within thirty days from the date of publication of the summary of the application in the Of?cial Gazette.
The objection shall be made in writing and submitted to the court with the supporting documents.
Upon the expiry of the said period, the court registry shall notify the creditors, who have submitted objections to the application for rehabilitation, of the date of hearing for examining the application. Such notice shall be sent by a registered letter with acknowledgement receipt.
According to Article 788, the court shall decide on the application for rehabilitation and its judgment shall be appealable before the competent court of appeal.
Where the court decides to reject the application, it may not be re-submitted for the same reason except after the lapse of six months from the date of the final judgement. If before a decision on the application for rehabilitation is made, investigations are conducted with the bankrupt in connection with any bankruptcy offence or if any criminal case has been filed against him, the public prosecution shall immediately notify the court.
The court shall suspend decision on the application for rehabilitation until the investigations have been concluded or a ?nal judgment on the penal action.
If the debtor is convicted of any bankruptcy offence subsequent to a judgment for his rehabilitation, such judgment shall be deemed as null and void. A bankrupt shall be rehabilitated after his death pursuant to an application by one of his heirs, or any concerned party, in accordance with the provisions of the law.
As per Article 792, any merchant whose financial difficulties are in such a way as to lead to suspension of payment, may apply for preventive composition within twenty days of such situation provided that he has not committed fraud or gross default and has engaged in trade continuously during the year prior to submission of the application.



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