Any person who threatens to hurt someone shall be punished with imprisonment for a term not exceeding three years or a fine not exceeding QR10,000 or both
QUESTION: I had an argument with another person over a parking spot outside a shopping mall and he damaged my car.
I filed a complaint against him and the case is in progress. But now he is threatening me, demanding that I withdraw the complaint. He seems to be influential. Can I file a complaint against him for threatening me too? What is the punishment as per law if a person threatens someone?
FR, Doha
ANSWER: You can file a complaint against the wrongdoer as per provisions of Qatar Penal laws. According to Article 325, any person who threatens to hurt someone or to damage their wealth or reputation whether orally or in writing or through acts intended to hurt someone or distort the reputation and wealth by coercing the victim to commit or omit an act, shall be punished with imprisonment for a term not exceeding three years or a fine not exceeding QR10,000 or both. If the threat involves threat to kill, the punishment shall be for a period not exceeding five years.
Bank loan repayment
Q: Last month, my company terminated me from services because of some issues with a project. I have a bank loan and have informed the bank about my termination. Now the bank is demanding that I settle the loan. What will be the bank procedure if I fail to repay the money as they demand? Can I approach the Labour Department seeking relief on the grounds of bank loan?
RT, Doha
A: The bank may initiate action against the debtor by filing a case claiming its rights and once the case is filed, it may request the court to prevent the borrower from travelling as per Article 405 of the Civil Procedure Code. Loan contract is independent of borrower’s employment and labour department has no jurisdiction over the issue. The borrower will be legally obliged to repay the loan as per the terms of Loan.
Case against sponsor
Q: I have filed a criminal case against my sponsor who has misappropriated the company funds. The police have found merits in the case and transferred it to the Al Sadd court. I was present there on the date of hearing. But the case was adjourned to another date. On enquiry, it was informed that the judge had refused to consider the case and handed it over to another judge. Is it possible for my sponsor to use his influence in the case as he is a national? Why did the judge refuse to attend the case?
GN, Doha
A: The constitution of Qatar ensures independence of the justice system from the other branches of power. Judges are independent and are protected by law against interference from other authorities. As per Article 214 of the Criminal Procedure Code, the judge shall refrain from participating in the consideration of case if the crime was committed against him or if he had participated in any judicial control duty in the case, an act of investigation, referral, conviction, or defence of a litigant, or testified or assumed an expert role.
The judge shall also refrain from participating in considering the case if he is a relative of one of the parties or witnesses through kinship or affinity to the fourth degree. The judge shall also refrain from considering the appeal case, if the appealed judgment was issued by him.
Claim of unpaid dues
Q: One of our employees transferred his sponsorship to another company, agreeing that he shall not make any claim on dues pending to him. But he has now filed a case against us, claiming the unpaid salary during his employment. Is it legally possible to file a case on employment claims while he is under another person’s sponsorship?
CF, Doha
A: Claim of unpaid dues will be entertained legally even after transfer of sponsorship to the new employer but within one year from the date of termination of employment contract. According to Article 10 of the Labour Law, subject to the provisions of Article 113, the right to file a lawsuit for a claim of the entitlements, accruing under the provisions of the law or the service contract shall lapse only by the expiry of one year from the date of expiry of the contract. Moreover, as per Article 4 of the Labour law, any release, compromise or waiver of the entitlements prescribed for the worker by Labour law shall be deemed void.
Any stipulation contradicting the provisions of minimum entitlements of the workers shall be void even if it was made prior to the date of application of labour law unless said stipulation is more advantageous to the workers.
*Please send your questions by e-mail: [email protected] (Mobile: 55813105)
LEGAL SYSTEM IN QATAR
According to Article 70, the founders should elect among themselves somebody who will undertake the process of incorporation with the concerned department. The application for incorporation of company shall be submitted to the ministry attached with copies of the article of association and basic statute.
The ministry may request for any additional information which it deems necessary, and other documents supporting such information. It may also request a copy of the economic feasibility study of the project for review. The ministry may order amendments to the articles of association and basic statute so as to comply with the provisions of this law. In all cases the decision in application must be made within 10 days from date of application with all required documents.
As per Article 72, upon approval by the ministry for incorporation of the company, the founders shall sign the company’s articles of association and basic statute as approved by the ministry.
The founders should get the documents legalised from the competent authority, and submit to the ministry for a decree approving the incorporation of company within a maximum period of 30 days effective from the date of submission. According to Article 73, where the incorporation application was rejected or the above mentioned period expired without any response, the founders may challenge before the council of ministers within 30 days from the date of being notified about the rejection of application or from the expiry of the stipulated period.
The council shall take decision within 30 days from submission date; the rejection of application will be notified by any means with acknowledgment.
The expiry of this period without any response shall be deemed as internal rejection and the decision of the council of ministers shall be final.
If the application for incorporation of the public shareholding company is peremptorily rejected, the founders shall not submit another application to establish the same company until the expiry of one month from the date of application rejection.
As per Article 75, the decree approving the incorporation of company shall be published in the official gazette annexed with the articles of association and its basic statute. The company shall not acquire its corporate personality until it has been registered. The founders shall subscribe shares, not less than 20% and not more than 60% shares in the company.
However, none of the founders shall have the right to subscribe the shares put for subscription at the incorporation stage.
Before inviting the public subscription, the founders shall provide the ministry and the concerned authority with a bank certificate to effect the payment equal to shares subscribed by them in company’s account. According to Article 77, the invitation for public subscription shall be published in at least two daily local newspapers, one of which shall be, in minimum, in Arabic language, at least one week before starting the subscription.
The founders or their representative shall sign the invitation for subscription and shall be jointly responsible for the authenticity and credibility of the contents thereof. The subscription shall be undertaken at one or more banks recognised by the state or through the companies licensed for this purpose.
The instalments due for payment upon subscription shall be paid at the bank. The amounts paid shall be deposited in bank account opened in the name of the company under incorporation.
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