Opinion

Provision of medical care for workers

Provision of medical care for workers

May 12, 2017 | 11:30 PM
legal helpline
Question: Our company, mainly in construction work, is currently reviewing the safety handbook. In order to be cautious with regard to on-site injuries, the company has decided many action plans for safety. What is stipulated in the labour law with regard to minimum requirement for providing first-aid services to employees? Is it a requirement for all the employers to appoint a physician for the safety and healthcare of employees at site?WEE, DohaAnswer: According to Article 104, the employer employing a number of workers ranging from five to 25 shall prepare for them a first-aid box furnished with the medicines, tools and equipments to be specified by the competent medical authority. The box shall be kept in a conspicuous place in the establishment and shall be available to the workers. The use of the box shall be entrusted to a worker trained in providing first-aid medical services. If the number of the workers exceeds 25, a box shall be specified for every group of workers ranging from five to 25 workers. When the number of the workers exceeds 100, the employer shall appoint a full-time medical nurse and when the establishment employs more than 500 workers, the employer shall designate to them a clinic employing at least a physician and a nurse. Determining sale priceQ: Will the contract be invalid, if in a sale contract the parties fail to specifically agree on the sale price? The contract states “market price”. In fact, we were in trading relationship for many years and many payment details and sale transactions are available to establish the prevailing price. We take three prices and average it normally. Unfortunately, some differences arose and now the buyer argues that the contract is invalid due to no agreement on the price in the contract. Please advise.GP, DohaA: The sale price shall be determined only on the basis of appropriate means used to assess such price. As per Article 426, if the sale price is not expressed in the contract, the sale shall not be invalid if the agreement or circumstances indicate that the contracting parties intended to apply either the trading price between them or the market price. Where the parties agree that the price shall be the market price, such price shall be the market price at the time and place of delivery of the sale item to the purchaser. Where no market is available, the market price shall be that prevailing in the place whose prices are applicable in accordance with practice, unless otherwise agreed. Article 373 of Penal LawQ: My friend, who is working in a small computer shop has received a notice from court and on enquiry we came to know that there is a criminal case against him. In the paper we received from the court, item 373 is mentioned as the offence. What is this case. Please explain. TY, DohaA: As per Article 373 of the Penal Law of Qatar, any person who intentionally accesses, directly or indirectly, another person’s processing system or destroys or modifies the data or means of processing and transfer of data shall be punished with imprisonment for a term of not less than one year and not exceeding three years and a fine of not less than QR10,000 and not more than QR50,000.Grounds for reopening a caseQ: If a person was released on the ground of insufficient evidence by the public prosecution after primary investigation, there is a chance of reopening the case. How much time does it take for final discharge from the alleged offence? On what grounds it can be reopened?DE, DohaA:  The Public Prosecutor may repeal the order of insufficient evidence within three months of its issuance. As per Article 148 of the Criminal procedure, the order of insufficient evidence to proceed with the criminal action issued by the Public Prosecution shall not preclude the reinvestigation whenever there is new evidence strengthening the charge before the end of the period of descend of the case. Such new evidence includes testimony of witnesses as well as minutes and other documentation that had not been previously presented to the Public Prosecution and strengthens the evidence that was found insufficient or may serve to clarify and determine the truth. *Please send your questions by e-mail to: leges@qatar.net.qa
LEGAL SYSTEM IN QATAR
As per Article 102 of the Penal Code, death penalty shall be awarded to anyone who facilitates the entry of the enemy to the country, facilitates their control of part of its territory, its ports, a fortress or a military site, a ship, an aircraft, weapons, ammunition,apparatus, supplies, food, military missions, a means of transport, a factory, a plant or any other item or utility meant for self-defence or used for such purpose. Capital punishment shall be imposed to anyone who helps the enemy by providing information or instructions to him. Life imprisonment shall apply to anyone who renders any service to an enemy to obtain a benefit or a profit, or promises to do so by himself or through an intermediary of another person, whether directly or indirectly, and whether the benefit or interest is material or non-material. As per Article 105, life imprisonment shall be imposed upon any person who destroys, damages or ruins intentionally weapons, ship, aircraft, missions, plants, means of transport, public utilities, ammunition, supplies, medicines, or others meant for defence of the country or used in connection therewith.The same penalty shall apply to anyone who manufactures or repairs any of the aforementioned objects intentionally, or intentionally commits an act in a manner that makes them unfit even temporarily for their intended purpose, or is the cause of any consequent damage. The death penalty shall be awarded if the crime is committed during war time. If the offences mentioned above are committed due to negligence or default, the penalty shall be imprisonment for a term not exceeding five years. The penalty shall be imprisonment for a term not exceeding fifteen years if the offence is perpetrated in time of war. According to Article 107, capital punishment or life imprisonment shall apply to any person who seeks to collaborate with a foreign country or any of its agents, or contacts any of them in a way that causes damage to the military, political or economic well-being of the State. An imprisonment for a term not exceeding 20 years shall be inflicted upon any person who willfully destroys, conceals, embezzles, or forges papers or documents, knowing that they affect the security of the State or any public interest, thus resulting in military, political or economic damage and harm to the State. As per Article 109, the following shall be considered as defence secrets of the State: (1) Military, political and economic information known by the persons who have the right to know and who in the interest of the defence of the country are required to keep the information secret and away from others; (2) Correspondence, written documents, deeds, drawings, maps, plans, pictures and other items, the disclosure of which may lead to divulging above mentioned information, which in the interest of the defence of the country is required to be kept secret and not known to anyone other than those who are assigned to preserve or use them; (3) News and information concerning the armed forces, their formations, movements, apparatus, provisions, staff and other issues involving military matters and warfare plans, provided that no written authorisation was issued by the military authorities for their publication or diffusion; and (4) information concerning to measures and procedures which are adopted to investigate the offences against state, to arrest the criminals, as well as information concerning the progress of an investigation and trial proceedings, when the investigative authority or the relevant court has prohibited their publication or diffusion.
May 12, 2017 | 11:30 PM