QUESTION: I write this on behalf of my friend who is working as a driver for his sponsor. He does not hold a valid visa and his passport is with the sponsor. For the last two years, the sponsor had not paid any salaries to him. Now he would like to leave the country, using the amnesty scheme. Can he do that? Is it possible to get assistance from the Labour Department to get the unpaid salary dues ? He doesn’t want to go to court.
DF, Doha
ANSWER: The amnesty scheme is for illegal residents in the country who are in violation of the provisions of Sponsorship Law (No 4 of 2009). They can leave the country without legal consequences of overstay. The illegal resident should approach the search and follow up department to complete the exit procedure during the grace period and also should seek the assistance of concerned embassy if they don’t have appropriate travel documents with them.
Article 3 of the Qatar Labour Law excludes various individuals and entities, including but not limited to, individuals employed by ministries and other governmental organisations, public institutions and companies which have been established by Qatar Petroleum and domestic and casual employees from its provisions and regulation.
As per this provision, a domestic driver cannot approach the Labour Department, as the persons employed in domestic employment such as drivers, nurses, cooks, gardeners and similar workers are not covered under Qatar Labour Laws. You may seek assistance of the embassy to resolve the issue of non-payment of salary through their intervention.
Tax rate in Qatar
Q: We are a marketing company spread across the Gulf region. What is the tax rate in Qatar as per the prevailing laws and what is the law relating to record keeping? Please advise.
VR, Doha
A: The tax rate shall be 10% of the taxable income of the taxpayer during the taxable year. Taxpayers carrying out activity in the state shall keep accounting books, registers and documents in accordance with the laws of the State, international accounting standards and the provisions of the executive regulations of tax law.
As per Article 19, taxpayers carrying on an activity in the state shall keep all accounting books, registers and documents relating to the activity in the place where the activities are executed for 10 years following that to which the books, registers and documents are related.
Arbitration procedure
Q: Nowadays arbitration as the means for dispute resolution is getting more acceptance. Comparing the court procedure with the arbitration procedure, how long will it take to reach a decision? Is this a time-consuming process under Qatar laws? Can we initiate any action if there is delay in procedure?
IU, Doha
A: As per Article 197 of the Civil and commercial procedure, the arbitrators shall arbitrate within the time set in the arbitration document unless the litigants agree on its extension. If the litigants, in the arbitration documents have not imposed a term for the arbitration award, the arbitrators shall issue an award within three months starting from the date of their admissibility for arbitration. Where an arbitration award has not been issued in accordance to the timing agreed by the parties, the court is able to intervene to extend the period for rendering the arbitration award, settle the dispute or appoint another arbitral tribunal.
Article 267 of the penal law
Q: My colleague applied for annual vacation and it was approved by the company last week. When the company tried to issue an exit permit, it was found that there is a judgment against him. We came to know that the judgment was from the criminal court, stating that there is a punishment for one month and QR2,000 fine under Article 267. Our PRO suggested to make an objection as it was issued in absence. What is mentioned in Article 267?
WC, Doha
A: According to Article 267 of the penal law of Qatar, any person who publicly eats or drinks during a day of Ramadan shall be punished with imprisonment for a term not exceeding three months or a fine not exceeding QR3,000 or both. As per Article 264 of Criminal procedure code, the convicted person can make an objection on the judgment within seven days from being personally notified if the judgment is made on his absence.
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