QUESTION: Does non-payment of wages amount to breach of employment contract by the employer? Presently, we employees don’t have work to perform due some internal company issues. Some of us remain in the accommodation while others attend to the worksite. Can we claim salary for the idle days? Can the employer ask us to do some work than the one we have been recruited for? The company has already terminated some of my colleagues and submitted their passports to CID for absconding. How could the company terminate them when there is no work? CV, DohaANSWER: Non- payment of salary is a clear breach of contractual obligations by the employer. The employee may invoke his rights under Article 51.If the employee 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 for all benefits accruing therefrom. Article 44 and 45 of the law stipulates that the employer shall undertake to enable the worker to perform the work and to provide him with all what is required for such performance. Regarding change of work, the employer may not require the worker to perform other than the work agreed upon unless necessity so requires for the prevention of an accident or repair of what arises therefrom or in case of force majeure provided that the worker shall be paid the entitlement accruing therefrom. However as an exception, the employer may ask the worker to perform work other than the one agreed upon if it is temporary or if it does not basically differ from the original assignment and if the request to perform that does not entail an insult on the worker. But the worker’s wage shall not be reduced in such a case.TaxingproblemQ: We are finalising our accounts for tax filing. The auditor says that the tax department may reject our submission, stating some issues in withholding tax and some others relating to presentation of loose tool items. How is withholding tax treated and what are the grievance procedures available if the tax department rejects the account submission?OU, DohaA: Subject to the provisions of tax agreements, payments made to non-residents with respect to activities not connected with a permanent establishment in the State shall be subject to a final withholding tax @5% of the gross amount of royalties and technical fees; and @7% of the gross amount of interest, commissions, brokerage fees, director’s fees, attendance fees and any other payments for services carried out wholly or partly in the State. Regarding grievance procedures, the taxpayer may object the tax assessment decision within thirty days from the date of its notification by a registered letter to the department (Article 28). In sixty days department shall settle the objection. Elapse of the period with no response from the department shall be treated as an implicit refusal of the same. If taxpayer does not accept the department’s decision on the objection, an appeal may be submitted before the tax appeal committee within 30 days from the date of notification of the department’s decision as provided under Article 31 of the tax laws.Right of action against the debtor Q: I stood as a guarantor for my colleague for a personal loan. Now due to business loss he has failed to repay and is in jail for cheque bouncing. Since he is in jail, the bank has filed a case against me and started deducting the money from my account. Because of termination of employment. I must leave Qatar shortly and before departure I must settle the matter. What are the procedures to be followed to settle the matter with creditor? Do I need to notify my colleague about the settlement?PV, DohaA: Though the guarantor who has paid the debt has the right of action against the debtor to claim the principal amount of the debt and the related costs; as per Qatar Civil Laws, guarantor shall give the debtor notice before paying the debt. However, if action is brought against him by the creditor, he must involve the debtor as a litigant in the case. If he fails to give notice to the debtor before payment of the debt or if he does not seek to involve him as a litigant in the case, he will forfeit his right of action against the debtor if the latter has himself paid the debt or had grounds for having the debt declared void or extinguished. Articles 833 - 836 are the relevant provisions of the Qatar Civil Laws in this regard.A guarantor who has paid the debt is subrogated to all the rights of the creditor against the debtor. If however, he pays only part of the debt, the guarantor can only exercise such rights in respect of that part he has paid after the creditor has recovered from the debtor the whole of the debt due. - Please send your questions by e-mail to: leges@qatar.net.qa (Mobile:55813105)LEGAL SYSTEM IN QATARAs per Article 811, at least ?ve days before the appointed time for the meeting of creditors, the composition supervisor shall lodge a report in the court on the debtor’s ?nancial position and the reasons for the ?nancial difficulties together with his opinion on the composition proposals and the names of the creditors who have the right to participate in the composition proceedings with the amount of the debt. Any concerned party may seek permission to the judge for preventive composition to examine the report.Every creditor shall specify the amount of his debt supported by documents. The debtor and any creditor may dispute these debts. The judge for the composition shall, after hearing the statements of the concerned persons and examining documents thereof, provisionally specify every debt and its nature. Parties concerned shall have the right to submit an objection to the competent court. The judgment shall not affect the majority on the basis of which composition is concluded. Once veri?cation of the debts is complete, discussion shall commence on the proposals for composition following which a vote thereon shall be taken. Where such proceedings are not completed in one day, the meeting shall be deemed to continue until the proceedings are complete.According to Article 815, every ordinary creditor whose debt arose before the court order initiating the procedures for the composition was issued shall have the right to vote in respect of the composition according to the full amount of his speci?ed debt, even if the creditor receives a part of his debt from a person who is obligated with debtor or the debtor’s guarantor.The composition may provide for allowing the debtor periods of respite for repayment of the debts. It may also provide for discharging the debtor of part of the debt; however the debtor shall remain liable for this discharged part as a natural debt.As per Article 820, a composition may be concluded on the condition of payment if the debtor becomes solvent within a period determined in the composition contract, provided that such period shall not exceed ?ve years from the date on which the contract is rati?ed. The debtor shall only be deemed to have become solvent when the value of his assets exceeds his debts by at least 25% of the value of the debts. The creditors may demand for one or more guarantors to ensure the enforcement of the terms of the composition.Minuets shall be maintained for the composition meeting and shall be signed by the judge, the supervisor, the debtor and those creditors who are present otherwise the minutes shall be deemed null and void. The judge shall, within seven days of date of signature dispatch the same to the court for ratification.According to Article 823, any creditor who does not approve the composition shall have the right to attend session for the ratification of the composition and record his objection thereto. After hearing the statements of the debtor and the creditors in attendance, the court shall decide either to ratify or reject the composition as a matter of urgency. Nevertheless if the objection is related to the periods of respite for repayment of debts or the amounts from which the debtor shall be discharged, the court may order amendment of the terms of the composition if necessary.
May 06, 2016 | 11:49 PM