DG, Doha
Answer: As per Article 390 of the Penal Laws, any person who cuts off or damages trees planted in the streets, parks, markets or public squares shall be punished with imprisonment for a term not exceeding six months and/or a fine of upto Qatari Riyals 5,000. The fine shall be twice the value of the trees that are cut or damaged.
Representing firms in Qatari courts
Q: We are into construction contracting and we started our operations in 2015. Now we have some dues from some of our contractors and we have evidence substantiating the claims. We have a legal team in our head office in India. Is it possible for someone from the company to represent the cases in court? Can we make the submissions in English? How is the civil court system divided here in Qatar? Please guide.
GCR, Doha
A: Authorised signatories of the company can represent the company before the court for cases. The parties should make the submissions in Arabic language. Arabic is the official language in the courts and all documents are to be translated into Arabic. However, the courts will hear evidence given by non-Arabic speakers and witnesses through an interpreter.
The Qatar civil courts are divided into lower civil court and the higher civil court; the court of appeal and the court of cassation. In civil court, the lower civil court hears and decides on all civil and commercial cases in which the disputed amount of money does not exceed Qatar Riyals 100,000. The higher civil court hears and decides on all civil and commercial cases above the said sum. The court fee is calculated @ 3% for claims upto QR20,000; @ 2% for claims above QR20,000, the maximum being fixed at QR3,000.
Gratuity payment on transfer of job
Q: I was working with an MEP company since 2010 and now I resigned the job to join another firm. I have got approval from the Ministry for the transfer. But the company I was working for did not pay my gratuity stating that as per the company policy it need not pay repatriation expenses and end of service benefits. Please advise.
YT, Doha
A: On transfer of employment, the obligation on repatriation shifts to the new employer. So, the new employer is legally responsible for repatriation. Moreover, any condition contrary to the Labour Law provisions on minimum entitlements shall be null and void, unless they are more beneficial to the Employee. Any release, compromise or waiver of the entitlements prescribed for the worker by the Labour law shall be deemed void. As per Article 54 of Labour law, the employee will be eligible for gratuity and other leave benefits on completion of one year in service.
Defaulting on payment of dues
Q: One of my relatives who is involved in contracting business availed loans for a project from a bank. He has submitted a blank cheque as guarantee. Now the project got delayed and repayments to the bank was not made properly. He is in jail now for another issue. But the bank intimated that they are planning to file a case against me for the recovery of the money. Is it legal to do so? How can the bank proceed? But I have only signed the cheque, no details were written at the time of signing. Can I use it as my defence? Please advise.
IJ, Doha
A: As per procedures, the bank may file a criminal complaint by virtue of the cheque and the case can be referred to the court in order to claim the outstanding amount. The guarantor is a person who will make sure that if the main borrower does not pay, the guarantor will pay. If borrower defaults, the bank would first approach the borrower to take care of the dues. However, if the borrower is unable to do so, the lender will approach the guarantor to settle the dues.
In the matter of blank cheques, by endorsing a blank cheque with signature and handing it over to the beneficiary, the drawer of the cheque has effectively granted the beneficiary unqualified authority to fill in the amount. Seek settlement with the bank to avoid complications.
*Please send your questions by e-mail to: [email protected]
LEGAL SYSTEM IN QATAR
According to Article 8 of Law No. of 21 of 2015, all expatriates residing in the country for any purpose shall obtain a residency permit from the competent authority. The recruiter shall comply with the permit procedures and its renewal thereof within a maximum of 90 days from the date of expiry.
The employer shall return the passport or travel document to the expatriate worker after completion of the permit procedures or its renewal, unless the expatriate worker requests in writing that the employer shall retain the passport or travel document provided that such passport or travel document shall be returned to expatriate upon request. The competent authority shall issue a residence permit to an expatriate in accordance with provisions of law.
As per Article 12, the competent authority may issue residence permits to the spouse of the expatriate who has received residency permit and to his/ her male children who have not completed their university study up to the age of 25 and to his/ her unmarried daughters.
Subject to the approval of Minister or representative, the parents of the expatriate may be granted residency permit. The competent authority may grant residence permit to the spouse and children of a married Qatari national or of a Qatari woman who marries a non-Qatari, in accordance with the law. The residence permit may be also granted to the non-Qatari parents.
Any expatriate, who has obtained residence permit for family, shall submit a request for residence for the new born child within 90 days of the child’s birth or as of the date of entry in the country. If the birth occurs outside the country and one or both parents have valid residence permit, the new born shall be authorised to enter within six months as of the date of birth. The recruiter of any female expatriate, who arrives in the country for a visit, shall apply for the legalisation of the status of her new born inside the country within sixty days of the date of birth.
According to Article 14, an expatriate who hold valid residence permit shall not stay outside the country continuously for a period which exceeds six months, unless prior to travel or prior to expiry of one year, such expatriate should obtain an authorization for return from the competent authority upon payment of prescribed fees, provided that the period as of expiration of residence permit shall not exceed 60 days.
During the residence in the country, the expatriate shall submit his passport or travel document or residence permit to the competent authority, upon request, and provide any information required thereof, within the deadline specified. If expatriate’s passport, travel document or residence permit is lost or damaged, he shall notify the competent authority immediately upon discovering such loss or damage, and shall request a replacement for the loss or damage.
As per Article 16, an expatriate who was granted an entry or residency permit for a specific purpose, or any work at a specific place shall not violate the purpose of authorisation or leave the work with recruiter or work at any unauthorised place. The expatriate shall be permitted, by virtue of approval of the competent authority, to perform managerial functions in the company in which he is a partner and for which he has the authority to sign.
