Question: What are the legal rights of the employer in terminating a contract without any justifiable reasons? In a contract for installation with materials where no brand or specifications are stipulated, the contractor used locally available materials and later noticing this, the employer issued notice to replace the same within seven days. Import of the same in seven days was not achievable. Now we received a termination notice for breach of contract. Please advise.
ES, Doha
Answer: Under Article 688 of the civil laws of Qatar, in the course of execution, if it is established that the contractor is performing the work in a manner that is defective or contrary to the terms of the contract, the employer may notify the contractor to correct the method of performance within such reasonable time as determined by the employer. Where such period expires without remedy of such breach, the employer may either demand revocation of the contract or may ask the court to authorise him to execute the work at the cost of the contractor if the nature of the work so requires.
The employer may demand termination of the contract without notice or time limit if the correction or remedy of the breach is impossible. In any event, the court may reject the request for termination if the defect in the method of performance has not decreased to a large extent the value of the work or its utility for the intended purpose, without prejudice to the right to indemnity, as applicable.
Transfer of employment
Q: I am still in the old contract for two years which will end in February 2018. I am working as an engineer for a reputable firm. I completed my one year and five months in my present company and received termination letter from the present company along with two months’ notice period due to bad market situation. My family is here in Doha and children studying in school. I need to change my job in Qatar. I am getting a job offer from another company but they need transferrable visa. My present employer in not ready to give me release. Please advise how to change my visa.
AS, Doha
A: As per the new law, there is no requirement of No Objection certificate or release from the previous employer for transfer of employment. The employee can change the job with the approval of the ministry. In case of early termination of the employment contract, the employee can have up to three months’ time as a grace period to find new employment by notifying the Ministry of Administrative Development, Labour and Social Affairs. Employees who seek transfer shall apply through the link on the Ministry of Administrative Development, Labour and Social Affairs website by uploading the termination notice, employment contract and new offer letter. After verification, the ministry will issue approval for the transfer of employment.
End-of-service benefits
Q: I have completed two years in the company without taking any vacation and now I have resigned from the job. What are my benefits? Is it the duty of company to pay travel expenses to go back to my country? Please advise.
JD, Doha
A: Upon termination, the employee will be entitled for end-of-service gratuity minimum @3 weeks per year, salary dues and payment against leave entitlements and repatriation travel fare. Article 54 provides that End of Service Benefits shall be payable to those workers with one or more years of continuous service. The benefit level shall be agreed upon between the employer and worker, but must be no less than three weeks’ basic salary per year of service. The worker shall be entitled to gratuity for the fractions of the year in proportion to the duration of employment.
Registration of lease contracts
Q: The rental dispute court rejected a case stating that the lease contract is not registered. Is it a requirement that all lease contracts to be registered? Please clarify. Is it mandatory to do registration for filing a case against landlord?
IK, Doha
A: As per Law, all lease contracts must be registered by the landlord at the Registration Office at the Municipality. Leases in Qatar are governed by Law No. 4 of 2008 (its amendments) and Articles 582-669 of Law No. 22 of 2004, of the Civil Laws of Qatar. In order for the landlord to be able to bring a claim in respect of the lease contract before the Rental Dispute Settlement Committee the lease must be registered. The landlord has to pay an annual fee of 1% of the annual rent for such registration. There will be a penalty imposed on landlords who fail to register lease agreements. The tenant does not require any kind of registration for raising any claim against landlord.
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Legal system in Qatar
Imprisonment for a term not exceeding five years shall be imposed upon: (1) any person who flies over the territory of the country without authorisation of the competent authorities; (2) Any person who takes photographs or makes drawings or plans of sites or places contrary to current prohibition issued by the competent authorities; (3) Any person who enters without permission from the competent authorities into a fortress, any defense facility, a place where armed forces have camped or settled, a military or commercial vessel, aircraft, military vehicle, or military workshop, place or factory in which any activity for the benefit of the defense of the country is being carried out, where the public is not authorised to enter; and (4) any person who resides in or attends any of the places where residence or attendance is prohibited by the competent authorities.
Imprisonment for a period not exceeding fifteen years shall be imposed, if the offence is committed in time of war or by using any means of trickery, fraud, disguise, or false personality, nationality, profession or capacity.
According to Article 120, imprisonment for a term not exceeding ten years and a fine not exceeding fifteen thousand Qatar Riyals shall apply to any person who requests, accepts, or takes for himself or for another person, even through an intermediary, from a foreign country or from anyone who works for its benefit, a gift or advantage of any kind, or has been promised any such things with the intention to commit a harmful act to prejudice the national interest of the State.
If the offence is committed in time of war or if the perpetrator is a public officer or a person entrusted with a public utility, the penalty shall be imprisonment for a term not exceeding fifteen years and a fine not exceeding QR100,000. The same penalty shall be imposed upon any one who gives promises or offers any of the aforesaid things with the intention to commit a harmful act against the national interest of the State, even if what he gives promises or offers is not accepted.
As per Article 122, imprisonment for a period not exceeding five years and fine not exceeding QR15,000 shall apply to any person who discloses, to a foreign state or to its agents, in any way or manner, or by any means, news, information, items, correspondence, deeds, maps, drawings, pictures or others belonging to the state while there is an order issued by relevant authorities prohibiting publication and diffusion.
Imprisonment for a period not exceeding three years and a fine not exceeding QR15,000 shall apply to anyone who collects, registers or diffuses any information pertaining to the movements, numbers, specifications or conditions of any of the armed forces, military ships or aircraft of the State of Qatar without authorisation from the relevant authority.
Imprisonment for a term not exceeding 15 years shall be imposed on anyone participates in a criminal conspiracy, whether for the purpose of committing crimes, or for utilising them as an instrument to achieve the purpose intended by the criminal conspiracy. Imprisonment for a period not exceeding five years shall apply to a conspiracy, even if the invitation is not accepted.
An offender, who undertakes to inform the judicial or administrative authorities any information known to him before the attempt to commit an offence and prior to the investigation, shall be exempted from penalties.
