End-of-service gratuity and leave salary
June 03 2017 12:11 AM
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By Dr Nizar Kochery/Doha

Question: I have completed two years in my 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.
LV, Doha

Answer: Upon termination of the employment contract, an employee is entitled to end-of-service gratuity and leave salary. In accordance with Article 54 of the Labour Law (Law No. 14 of 2004), for each year of employment, you are eligible for a minimum of three weeks basic salary as the end-of-service gratuity. As per Article 81 of the said law, if the employment contract is terminated for any reason before a worker takes his annual leave, he shall be entitled to payment in lieu of annual leave equivalent to his wage for the leave days to which he is entitled.
When the employment contract is terminated, the employer is responsible for repatriating the employee back to the place from where he was recruited or any other place agreed by the parties. However, if the worker joins another employer before departure from the country, then this obligation shifts to the new employer.

No grace period for the tenant
Q: We have a rental apartment for which one-year contract is over, and due to congested space in this apartment we want to shift but we could not find a convenient apartment. Please advise if there is any rule to get some grace period (2-3 months) to find new apartment as the landlord’s office is pushing us to leave the apartment or sign a new one-year contract.
YU, Doha 

A: There is no such provision in the law providing grace period to the tenant and it’s the discretion of the landlord to provide such a grace period. As per the lease law, upon the expiry of the agreed term, if a tenant remains in occupation with the knowledge and consent of his landlord, then the lease shall be deemed to have been renewed for a similar term on the same terms and conditions. 

Novation 
contracts
Q: What are the effects of novation contracts? We are in discussion for settlement of debt and other obligations by way of a novation contract by introducing another party. Please advise.
RK, Doha

A: The Qatar Civil Code recognises two ways of transferring rights or obligations ‘Novation and Assignment’. A novation is an agreement made between two contracting parties to allow for the substitution of a new party for an existing one. With regard to obligations, novation is a change of the debt when the two parties agree to substitute a new obligation for the original obligation. The effect of the novation is to extinguish an existing contract and replace it with a new contract, on the same terms, between different parties. In brief, a novation will require the agreement or consent of all the three parties; all the parties to the original contract (the outgoing and continuing parties) and the incoming party. In effect, the original party who is replaced gives up any rights it has against the other original party to the contract.

Dishonouring of a cheque
Q: Being the authorised signatory, I have issued many post-dated cheques to the suppliers as directed by the shareholders of the company. Now the company face financial difficulty to raise funds for the issued cheques. In such a case, can I defend the issue in the public prosecution as I have signed under instructions? Please advise. 
MI, Doha

A: The cheque is an instrument of payment that holds the same value as that of cash. A defence that the cheque was issued under instructions of the company will not sustain before the court of law. Dishonour of a cheque due to insufficient funds in the account is an offence on the part of the signatory regardless of the motive for issuing such a cheque. The signatory of the dishonoured cheque shall be held liable for cheating and travel ban may be imposed upon him.

*Please send your questions by e-mail to: [email protected]

LEGAL SYSTEM IN QATAR
Capital punishment shall apply to anyone who forcibly attempts to overthrow or take over the state regime, seize it by force or threaten to use such means. If the offence is perpetrated by an armed guerrilla force, capital punishment shall apply to any person who forms the guerrilla force, undertook its leadership or command. 
According to Article 131, the death penalty shall be imposed on any person who threatens the life of the the Emir, his security or liberty, or intentionally exposes his life or liberty to danger. The same penalty shall apply to any person who commits any of the previous offences on the representatives of the the Emir and the Crown Prince. 
Capital punishment shall apply to any person who assaults by force the authority of the Emir, whether by preventing him from all or part of the said authority, deposing him or compelling him to desist from all or part of the said authority. As per Article 133, the penalty of life imprisonment shall apply to anyone who resorts to violence, threat or any other illicit means to cause the Emir or the deputy Emir to take or abstain any of the functions lawfully entrusted to him.
Capital punishment or life imprisonment shall apply to any person who attacks within the territory of the State, the security of the President or Head of a foreign country or his liberty, or intentionally exposes his life or liberty to danger. The penalty of life imprisonment shall apply to any person who instigates by public means to overthrow the regime of the country, undertake such propaganda or calls by public means for the adoption of a doctrine aiming to destroy the fundamental values of the State, to change the social or economic system prevailing in the country by use of force or through any illegal means. 
According to Article 138, imprisonment for a term not exceeding three years or a fine not exceeding QR15,000 or both penalties shall apply to any person who insults through any public means the flag of the State or the flag of a non-hostile State, whether by destroying or lowering it, or by any other action expressing hate and disrespect.
Without prejudice to any more severe penalty, a penalty of imprisonment for a term not exceeding three years or a fine not exceeding QR15,000 or both, shall apply to any person who participates in a crowd composed of at least five persons in a public place, with a view to perpetrating an offence, infringing public security and who remains in the crowd after the agents of public force have ordered to leave the place. The same penalty shall apply to any person who participates in a crowd while holding a knife weapon, canes or other solid instrument not usually held in normal circumstances. If the person participating in a crowd carries a fire arm, the penalty shall be imprisonment for a term not exceeding five years.
According to Article 140, any pubic officer who solicits or accepts for himself or another party, any gift or privilege of any kind, or any promise thereof in return for undertaking any activity or abstaining from carrying out any activity under the remits of his office shall be considered as receiver of bribery; the penalty of imprisonment for a term not exceeding ten years and a fine not exceeding what he received or promised shall apply to him, provided that it shall not be less than QR5,000.



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Shadi

Saturday، 23 June 2018 10:44 AM

I joined my job on 1/09/2013 and I gave my resigning letter this June as one month notice my employer wanted to pay my gratuity when I completed 4 years now the company will be closed for summer July and August. what I want to know is am I considered as completing the fifth year? and since being sponsored by the company I was expected to receive a ticket of each 2 years but I didn't get any my own calculation is:1 leave salary+ 1-year gratuity+ 2 tickets value and since it is the fifth year is the gratuity has to be a full salary? as am already paid for the first four years kindly help me with my legal rights as per law in Qatar ;
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