YN, Doha
Answer: The labour law grants right to the employee to terminate the employment contract with immediate effect if the employer has breached the terms of the employment contract. According to Article 51, the employee can also terminate the contract in the following cases; if the employer or representative has physically assaulted the employee or has misled the work at the time of agreeing to the employment terms, or continuance with the work that endangers the safety and health of the worker provided that the employer is aware of such danger. In the event of such termination, the employee is entitled for the end of service benefit and other due payments.
Filing of appeal in drink-driving case
Question: My colleague was arrested with his friend for drunken driving. Later, he was released and there was a case against the friend for drunken driving. Now my colleague has received a notification that the court has issued a judgment imposing imprisonment for both of them. In this case, my colleague has not driven the car. On what grounds has the court imposed judgment on him? What action can we initiate in this case? Please advise.
TY, Doha
Answer: Article 270 of Qatar Penal laws specifies that any person who consumes any alcoholic beverages in a public place or opens a store or a house to trade in alcoholic items shall be punished with imprisonment for a term not exceeding six months and/or a fine not exceeding QR3,000.
The same penalty shall apply to any person who is found drunk on a main road or, being intoxicated disturbs others. In case of judgments in absentia, the parties are allowed to file objection within seven days from being personally notified of the judgment. If the judgment is not in absentia, the parties can file appeal against the judgment within 15 days from the date of judgment.
Conditions for cancelling a purchase agreement
Q: We have made a purchase agreement to buy a generator-cum-equipment by paying an advance of 30% of the total agreed price. There was a performance condition attached to the sale whereby the machine should produce a specific result as-is-where-is, and a period of trial was also agreed upon. The machine failed to achieve the desired result within the stipulated time. We didn’t communicate the same, and now one month has passed. The machinery was not shifted from the seller’s premises but was working under our monitoring. Now we want to cancel the deal but the seller has declined. Please advise.
HN, Doha
A: A sale is a contract whereby a seller undertakes to transfer the ownership of the property against an agreed consideration. The buyer shall be adequately aware of the sold property and such awareness shall be deemed sufficient where the contract contains particulars of the sold property. According to Article 91 of the Commercial law, in a sale on trial basis, the buyer is entitled to either accept or reject the sale and the seller must enable the buyer to try the product. If the buyer refuses the sale, he must notify within the period agreed upon or within a reasonable period determined by the seller. If such period expires with the buyer remaining silent despite the fact of being able to try the sold item, silence shall be deemed to be an acceptance. A sale on trial basis shall be deemed to be conditional upon the acceptance to the sold item, unless it is apparent from the agreement or the circumstances thereof that the sale is conditional on a rescinded condition.
Claiming compensation for defect in construction
Q: We have assigned some civil works in a project to a subcontractor. Prior to the handing over, during the inspection, we have not identified any defects. Later on, we found some defects and we have intimated the same to the sub-contractor, but they refused to accept it stating that we had accepted the works. Can we claim for the defects even after we accept the works? What are the rights available for the contractor if there is a defect in project? Please advise.
JB, Doha
A: According to Article 696 of the Civil Laws, whenever the work is taken over actually or virtually, the contractor shall not be liable for any apparent defect or breach of the conditions of the contract. If the defects or breach are invisible, and the employer detects such defects or breach after taking over the work, he shall notify the contractor thereof, subject to the rules of workmanship, failing which the employer shall be deemed to have accepted the work.
An employer may refuse to take delivery if the defect in the works or breach of the mutually agreed conditions exceed such an extent that they would not serve the intended purpose. If the defect or violation has not rendered the work unfit for its intended purpose, the employer shall only be empowered to reduce the consideration in proportion to the significance of the defect or breach, or where a remedy is available at reasonable cost, he may require the contractor to remedy such defect or breach within such reasonable time as determined by the employer.
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LEGAL SYSTEM IN QATAR
Imprisonment for a term not exceeding six months or a fine not exceeding three thousand Qatari Riyals or both shall be imposed on any person who humiliates by word, sign or menace a public officer during the exercise of his duty.
If the humiliation affects a court, a body with jurisdictional attributions or any of its members during the hearing, the person shall be punished by imprisonment for a term not exceeding two years or a fine not exceeding ten thousand Qatari Riyals or both.
According to Article 168, imprisonment for a term not exceeding five years shall apply to any person who uses force, violence or menace to abstain a public officer from exercising the duties. If the perpetrator successfully achieves his purpose, the penalty shall be imprisonment for a term of no less than five years and not exceeding ten years.
According to Article 170, any person who pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person and falsely takes on official roles of the officer and enters a place forbidden to all except the said officer or attempts to do any such act, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine not exceeding ten thousand Qatari Riyals, or with both.
Whoever publicly and illegally wears official attire or bears a sign which the law exclusively designates for a certain category of public officers, wears the uniform of a higher rank, and wears a medal, ribbon, badge or sign of an office, or assumes any of the officially recognised scientific or university titles or any of the military ranks or public parliamentary capacities, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine not exceeding five thousand Qatari Riyals, or with both.
As per Article 172, whoever, being a witness who, after taking the oath before a judicial or investigative authorities, gives false testimonies or withholds all or some of the facts relevant to the case for which he is being interrogated, shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding ten thousand Qatari Riyals. The same provisions shall apply to any person instructed by judicial or investigative authorities to work as an expert or translator and deliberately commits an act of misrepresentation.
Any person, who being a witness, gives false testimony that leads to the imprisonment of the accused, shall be punished with imprisonment for a term up to seven years and a fine not exceeding fifteen thousand Qatari Riyals. If the testimony has the consequence of passing a judgment against the accused inflicting capital punishment, the witness shall be punished by capital punishment.
According to Article 174, any person requests, takes, or accepts a donation or a promise in return of a false testimony shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding ten thousand Qatari Riyals. The same penalty shall be imposed on any person who gives, promises or acts as an intermediary to arrange a false testimony.
Whoever coerces or seduces a witness by any means to give false testimony or to abstain from giving testimony even if the intended purpose is not achieved shall be punished with imprisonment for a term not exceeding three years and a fine not exceeding ten thousand Qatari Riyals.