Rules governing transfer of job

Question: I am currently working in Qatar in a retail shop. I am having an open contract and I have completed one-and-a-half years with the company. Now, I want to move to another employer in Qatar itself. My current employer is not giving me NOC letter. I am getting good offers from other employers. I don’t want to lose the opportunity. Am I eligible to join other company? If yes, what should I do to join another employer without any ban or restrictions?
ST, Doha

Answer: As per the new entry exit law (Law No 21 of 2015), the employee under an indefinite term employment contract can transfer the job with the approval of the appropriate authority after five years of service with the employer. If the employee wishes to transfer the employment prior to completion of five years in service, he or she shall require permission from their existing employer.
As per the law, there is no requirement of a no-objection certificate from the previous employer for a former resident to take up a new job in Qatar. In case of cancellation of residency permit, the person will be able to return to Qatar to take up employment immediately after being granted a new visa. The new law abolishes the current two-year ban on expatriates who want to come back to the country on a new visa. An expatriate who has got a new contract to work in Qatar can come back even the next day.

Exemption from appearing in court
Q: I am a petitioner in a case and represented through an advocate as I am not in Qatar at present. I am informed by the advocate that I have to personally attend the court to answer some questions. Is there a way out? What will happen if I am not able to attend?  
PJ, Doha

A: As per Article 312 of the Civil and Commercial code of procedure, if the litigant has an acceptable excuse preventing him from appearing before the court for examination, the court may relocate (move toward him) to question him or depute a judge for examination. If the litigant is absent without an acceptable excuse or abstains from answering without legal justification, the court shall conclude what it deems appropriate and it may infer the justification to deem incidents that he was supposed to be questioned about as proved or it may accept proof based on the testimony of witnesses and presumptions in cases where it would not be acceptable to do so.

Working with competitors
Q: “The restrictive covenant that seeks to prevent an employee from working for a direct competitor which can be added on to a job contract.” What does it mean? Is there any law existing which restricts an employee from working with the competitors of his employer? Please advice.
MN, Doha

A: According to Article 43, if the nature of the work allows the employee to become acquainted with the clients of the employer or the secrets of the business of the establishment, the employer may stipulate that the employee shall not compete with him or participate in any undertaking competing with him after expiry of the contract. The period of such undertaking shall not exceed two years. Such stipulation shall be valid only if it is restricted as to place and to type of the work to the extent necessary to safeguard the employer’s lawful interests.

Maintenance period in building contracts
Q:As per the contract law, is it possible to agree on the maintenance period which is less than 10 years or is it mandatory to agree on 10 years as the maintenance period in all contracts? Please advise.
GU, Doha

A:It is common practice in construction contracts for the parties to agree on a maintenance period after the completion of works for which the contractor and architect/engineer is responsible for rectifying any defects that appear in the works. According to Article 711 of the Qatari Civil Code, the contractor and architect/engineer will be liable for any collapse or defect, either in whole or in part, of the buildings or other fixed structures constructed and designed by them for 10 years from the date on which the work is handed over. The duration of the maintenance period is subject to agreement of the parties. If the intended lifespan of the building or structure is less than 10 years, the liability period is reduced to the intended lifespan.

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LEGAL SYSTEM IN QATAR
Law No. 11 of 2004 is a comprehensive law intended to cover all substantive aspects of criminal law. The law covers all the relevant criminal offences which are highlighted in the society. The Penal Law comprises three hundred ninety-eight articles which includes offences against the state, offences related to religion, offences against property, offences against the public, defamation, etc.
The provisions of the Islamic Shariah concerning the following crimes are applicable if the suspect or the victim is a Muslim: (1) ffences such as theft, adultery, defamation, drinking alcohol and apostasy and (2) offences of retaliation and the blood money. Otherwise, the provisions of the penal law and other laws shall be applicable to determine the offences and penalties.
The prevailing law at the time of commission of offence shall be applied. In the event of change in the applicable law prior to a final judgement, the law which is more favourable to the accused shall apply. When a new law no longer criminalises an act or omission, but a perpetrator has been convicted by the final judgment in accordance with the prior law, the enforcement of the judgment shall not commence or, if it has commenced, shall cease. If the new law only extenuates the penalty, the court that issued the final judgment, upon the request of the Public Prosecution or the convicted, may review the judged penalty according to the new law.
If a law is issued to criminalise an act or omission or to enforce more severe punishment, and it is temporary or due to exceptional and urgent circumstances, the expiry of temporary period or end of exceptional and urgent circumstances shall not under any circumstances prejudice the enforcement thereof upon any offence committed during such period or any sentence previously served as long as the new law does not stipulate to the contrary.
As per Article 13, the provisions of the Law shall apply to any person who commits, within the jurisdiction of the State of Qatar, an offence stipulated therein. An offence shall be deemed to have been committed within the jurisdiction of Qatar, if one of the offence constituent acts or if the consequence of that act is realized or is intended to be realised thereof. The provisions of the Law shall be applicable to offences committed onboard ships and airplanes registered in, or owned, or bearing the flag of the State of Qatar, irrespective of wherever it may be.
According to Article 15, without prejudice to the agreements and conventions to which the State is a party, the provisions of this Law shall not apply to the offence committed onboard foreign ships and airplanes in or passing through the territory of the State unless the offence is against national security, or the perpetrator or the victim is Qatari national, or if assistance is requested by the captain or the pilot, from the Qatari authorities.
The provisions of this Law shall apply to any person who resides in the State of Qatar after committing abroad, as perpetrator or accomplice, any of the criminal offences of trafficking in drugs or humans or acts of piracy or international terrorism.
Every Qatari citizen, whilst abroad, who commits an act that is considered a felony or a misdemeanour according to the provisions of Penal Law and the act subject to punishment under the law of the country in which it was committed, he/she shall be punished in pursuance of the provisions thereof, upon return to the State of Qatar.