QUESTION: I filed a civil case on a dispute that arose during the execution of a contract. We submitted our claim and, in response, the defendant submitted some documents which could affect the case’s end result. I strongly believe that some of these documents are forged. How can I challenge it? If I challenge the documents’ veracity, what will be the action initiated by court?
IU, Doha
ANSWER: The party who denies the document have a right to claim that it is a forged one. According to Article 236 of Civil and Commercial Procedural law, the forgery may be claimed at any stage of a case by submitting a report to the office of the Court Registry that specifies all parts of the exhibit in which the alleged forgery took place and all claimed acts of forgery. Otherwise the claim shall be void.
The claimant shall notify the other party within 10 days after preparing the report by a memorandum, explaining the evidence of forgery as well as investigation procedures that he requires for evidence, otherwise the claim may be extinguished.
The court may refer the document for forensic verification by appropriate authorities and if forgery is proved, penal action will follow.
No amnesty for cheque issues
Q: My visa expired three years ago and around that time a case was filed against me for dishonour of cheque. Can I take advantage of the new amnesty scheme to leave the country?
DW, Doha
A: The amnesty scheme is only for illegal residents in the country in violation of the provisions of Sponsorship Law (No. 4 of 2009). They can leave the country without legal consequences of overstay. The amnesty shall not be applicable for cheque dishonour issues or any other offences other than illegal overstaying after his/her visa period in Qatar.
Suspension of punishment
Q: My friend was arrested for an offence and the case is before the court. He had admitted certain things before the public prosecution. The judgment will be issued soon. The lawyer opined that there are chances for punishment and suspension. Could you please elaborate on suspension of punishment as per Qatar law? What are the situations in which such suspension will be cancelled?
CD, Doha
A: According to Article 79 of the Qatar Penal Laws, the court when rendering a judgement for an offence bearing imprisonment not exceeding one year or a fine, may order the suspension of the execution of the penalty, if the court believes that he shall not perpetrate any offence after considering the morals of the convicted, his past, age or the circumstances in which the offence was perpetrated.
The suspension of the execution of the penalty shall last three years as from the date when the judgement becomes definitive.
If the period elapses without any judgement bearing annulment of the suspension of the execution, the judgement bearing the penalty shall be considered as nonexistent.
If a judgement annulling the suspension of the execution of the penalty issued, the execution court shall proceed to execute the earlier judgement.
As per Article 81, the suspension of execution may be annulled if during the period of suspension, a judgement bearing imprisonment for more than three months is rendered against the convicted for an intentional offence perpetrated during or prior to the said period of which the court was not aware when ordering the suspension of execution; and also if it appears that a judgement of imprisonment for a period of more than three months in an intentional crime was rendered before ordering the suspension of execution of which the court was unaware.
Gratuity entitlement
Q: Will it affect the employees’ right to receive end-of-service gratuity in case of termination of employment contract at the discretion of employer?
AT, Doha
A: Article 54 of the Labour Law stipulates that a worker who has completed a period of minimum one year of continuous service shall be entitled to gratuity pay on the termination of employment. The end-of-service gratuity shall be calculated based on the basic wage on the date of entitlement. Accordingly, the basic salary on the date of termination will be the basis for calculation of the same. The employee will be entitled for end of service gratuity minimum of three weeks basic salary per year of service.
However, Article 61 of the law provides rights of the employer to terminate the contract of an employee without any notice period or end-of-service benefits for reasons of gross misconduct such as false identity or nationality or submitted false certificates or documents, any act which causes gross financial loss to the employer, an assault on the person of the employer, disclosed confidential information, convicted for a crime involving immorality or dishonesty, drunk or under the influence of drugs during working hours or absent from work without legitimate cause for more than seven consecutive days or 15 days in one year, etc.
*Please send your questions by e-mail to: [email protected] (Mobile:55813105)
LEGAL SYSTEM IN QATAR
According to Article 123, the general assembly shall be convened upon an invitation by the board of directors at least once every year, at the date and venue determined by the board of directors after the approval of the department. The meeting shall be held within four months following the end of the company financial year. The board of directors may call for the assembly whenever necessary.
As per Article 124, the board of directors shall convene the general assembly meeting upon the request from the auditor. If the board fails to call for a meeting within 15 days from the date of such request, the auditor has the right to call for such meeting directly after the approval of the department. The department shall take final decision in request during fifteen days from the date of receiving it.
The board of directors shall call for the general assembly meeting for serious reasons upon the request of shareholder or shareholders holding not less than 10% of the capital. If the board fails to call for a meeting within fifteen days from the date of such request, the department shall upon the request of the shareholders call for the meeting at the expense of the company. In both cases, the agenda of the meeting shall be limited to the subject of the request.
According to Article 126, the chairman of the board of directors shall, at least 15 days before the general assembly meeting, publish the balance sheet, the profit and loss account, a summary of board of directors report and the complete text of the auditor’s report in two local daily newspapers, of which one shall be in Arabic language, and on the website of the company, if any.
The agenda of the annual general assembly shall contain the following matters: (1) Hearing and approving the report of the board of directors about the activities of the company and its financial status during the year, and the auditor’s report; (2) Discussion and approval of the company balance sheet and profit-and-loss accounts; (3) Electing members of the board of directors when necessary; (4) Appointment of auditors and determining their remuneration; (5) Discussion and approval of the governance report; (6) Consider absolving the members of the board of directors from their responsibilities; and (7) Consideration and approval of the recommendations made by the board of directors regarding the dividend distribution.
As per Article 128, every shareholder shall have the right of attend the general assembly meetings and have a number of votes equivalent to his number of shares. The resolutions are made by the absolute majority of shares represented in the meeting. The minor shall be represented by their legal representatives.
Proxies may attend the general assembly provided that the proxy is a shareholder and the appointment as proxy should be made in writing. No shareholder shall delegate any of the board members to attend the general assembly meeting on his behalf.
In all cases, the number of shares held by the proxy in this capacity, shall not exceed 5% of the company’s capital. Except for legal persons, no shareholders in person or as proxy shall be permitted to represent a number of shares that exceeds (25%) of the shares represented in the meeting.