Compensation for dying in harness

Question: In the event of death during the employment period, what is the maximum amount of compensation? The heirs of an employee who died in 2013 have filed a case in a court claiming QR1mn as compensation. Is there any time limit for claiming the amount? Please advise. RY, DohaAnswer: The amount of compensation in case of death of the worker during the course of employment shall be calculated in accordance with the provisions of Islamic Shariah. The current death compensation rate is QR200,000. Article 113 stipulates that the right of the worker to claim compensation for the disability or death shall extinguish by the lapse of one year from the date of the medical report containing the occurrence of the disability resulting from the injury or from the date of the death of the worker.Dispute settlement through arbitrationQ: One of our contractors filed a case against us before the civil court for recovery of money as per the construction contract. In the contract, it is mentioned that the disputes will be settled through arbitration in Qatar. But our legal counsel received the notice and attended the court case. How this is legally valid? Please advise.UI, DohaA: In such a case the defendant has to raise objection referring to the arbitration clause in the contract and the court will refer the matter to Arbitration. The petitioner may lose the court fee and charges if the defendant successfully raises the objection on court case. If the defendant fails to object and refer to the arbitration clause at the court hearing, the court shall assume that the arbitration clause has been waived by both parties and will continue with the resolution of the dispute through litigation. The plaintiff in such a case may lose the court fees and advocacy charges if the defendant successfully raises the arbitration clause defence at the hearing.Liability to creditorsQ: I hold shares in a limited liability company with two other partners. Now the company is in financial crisis and creditors are claiming their amount. The Qatari partner together with all the creditors made a contract stating that I am responsible for the liabilities of the company. Will I be liable to creditors because of such a contract? Please advise. GY, DohaA: According to Article 177 of civil law, a contract shall not create any obligations binding upon third parties but may grant rights in such third parties favour. If a person who promises to another person to oblige a third party to an obligation, such promising party shall be bound by such obligation, not the third party. If the third party refuses to undertake the obligation, the contracting party shall be liable to compensate the other party against any damage due to the breach of undertaking, unless the contracting party who made the undertaking fulfils the obligation himself without causing any damage to the other party. If the third party accepts the obligation, the promising party shall not be legally obliged and the third party shall be bound by such undertaking from the time of acceptance, unless the acceptance indicates expressly or by implication that the acceptance is retroactive as from the date of the agreement between the contracting parties.Compensation for contract terminationQ: One of our subcontractors filed a case for compensation for termination of contract. In this case, the court issued a judgement in favour of the subcontractor in our absence. We have filed an appeal against the judgement and the hearing is on March 5. They have filed an execution case also. Can we cancel the execution case as we filed an appeal? Please advise. FU, DohaA: Filing an appeal against the judgement shall not stay the execution proceedings. The court hears the appeal and may order for stay of execution, whenever it is requested to do so. If the execution would cause unavoidable harm, the court may, when ordering a stay of execution, order payment of security or whatever it deems appropriate to guarantee the right of the respondent. (Article 181 of the civil and commercial procedure law) *Please send your questions by e-mail to: leges@qatar.net.qaThe new law No. 21 of 2015 regulati ng the entry, exit and residency of expatriates came into force on December 13, which repeals the previous Law No. 4 of 2009. The law has a major impact on expatriate workers as it replaces the sponsorship system with a contract-based employment system and revoked the exit permit system. Among other changes, the law abolishes the two-year ban on expatriates who wish to come back to the country on new visa.According to Article 2, no expatriate may enter to or exit from the State unless the expatriate holds a valid passport or Travel Document and an entry Visa issued by the Competent Authority, indicating the purpose of such entry. No expatriate may enter to or exit from the State other than through the ports determined by the Ministry for the entry to and exit from the state, upon affixing the entry or exit stamp on the passport or travel document of the expatriate or by any other means as determined by the Ministry.As per Article 4, the competent authority or any other body to be determined by the Ministry shall issue Entry Visa in accordance with provisions of the law. Any of the visas may be revoked after their issuing for reasons relating to the public interest. The entry visa shall not permit the expatriate for the purpose of work unless there is a contract concluded with the employer or recruiter in accordance with the rules determined by law. Relinquishing or disposing visas in any manner by third parties or their circulation with or without consideration shall be prohibited. The regulation to the law shall specify the terms and conditions for granting visas and the duration of each visa. Immediately upon arrival in the country and before departure therefrom, ship masters, pilots as well as drivers of vehicles and other means of transport shall provide to the competent authority a list of the names of the crew members of their ships, planes or vehicles and passengers.  They shall inform the competent authorities of any passengers who does not hold a valid passport, travel document or entry visa, and shall stop them from leaving the ship or aircraft, and shall notify the competent authorities. In any case, the carrier shall return, at its expense, any passenger who does not hold a valid passport, travel document or entry visa to the country from which he travelled or to the country of citizenship.According to Article 6, Managers of hotels and tourist establishments or their representatives shall provide information to the competent authority about such persons authorised to enter the state through such hotels and tourist establishments. They shall be obliged to accommodate them in the place indicated in the visas, unless otherwise required. If any of such person is absent from the place of residence for more than forty-eight hours without any notice, the competent authority shall be notified within twenty-four hours and the hotel shall bear all the obligations towards expatriates. In all cases, any person who hosts an expatriate shall notify the security department in whose jurisdiction area the hotel or tourist establishment is located, of the name and address of the expatriate within twenty-four hours from the time of his arrival. The expatriate worker or recruiter shall notify the competent authority of any departure from the country at least three days prior to the exit date. If there is an objection to the expatriate worker’s departure from the recruiter or the competent authority, the expatriate worker shall have the right to appeal to an appeal committee in charge of the exit of expatriates. An expatriate who arrives in the country for work, may depart the country immediately after the recruiter notifies the competent authority on approval of the expatriate leave. The committee shall decide on the exit request within three days, if there is an emergency for the expatriate and upon the request submitted thereto.